Florida/Georgia Personal Injury & Workers Compensation

...common elements," provided that "[t]he share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit." To further prevent the separate conveyance of a condominium unit and an appurtenance thereto, section 718.109 of the Florida Statutes (1993) requires that every legal description of a condominium living unit shall include "all appurtenances to the unit concerned, whether or not separately described, including, but not limited to, the undivide...

condominium parcel has its own legal description. See § 718.109, Fla. Stat. (2006) (“[A] description of a condominium

...Once this declaration has been filed, parties may then move on to a second step: filing "a description of the condominium parcel by the number or other designation by which the unit is identified in the declaration, together with the recording data identifying the declaration...." 718.109....

...lopment project. Taplett argues that this method of providing a legal description failed to comply with § 1703(d)(1)'s "recordable form" requirement because the Purchase Contract lacked the "recording data identifying [the] declaration" mandated by § 718.109....

...In Fall 2006, the buyer entered into a contract for the purchase of a pre-con-struction condominium unit. In September 2008, the buyer filed suit to revoke the contract under ILSFDA. The basis for the. revocation was an alleged non-compliance with section 718.109, Florida Statutes (2006), which defines the legal description for condominium parcels as including “recording data” for the Declaration. The buyer argued that because the sales contract failed to provide a legal description as defined by section 718.109, it ran afoul of section 1708(d)(1) of ILSFDA, allowing for revocation of the contract....

...m the date of the signing of such contract or agreement. 15 U.S.C. § 1703 (d)(1) (emphasis added). This section provides a two-year period for revocation of an agreement if the description of the lot is not “in a form acceptable for recording.” Section 718.109, Florida Statutes (2006), provides: “Following the recording of the declaration, a description of a condominium parcel by the number or other *926 designation by which the unit is identified in the declaration, together with the recording data identifying the declaration, shall be a sufficient legal description for all purposes.” § 718.109, Fla....

...Using this provision, the buyer successfully argued to the trial court that the lack of “recording data” meant that the description of the lot was not “in a form acceptable for recording” under ILSFDA. The seller argues the contract complied with ILSFDA’s requirements because section 718.109, by its very wording, does not apply if the declaration has not been recorded....

...TRG Oasis (Tower Two), Ltd., L.P., 755 F.Supp.2d 1197 (M.D.Fla.2009). Similar to our facts, the buyer in Taplett attempted to revoke the sales contract of a pre-construction condominium, based in part on the lack of “recording data,” as required by section 718.109. Id. at 1204-05 . The District Court noted that Florida permits the sale of pre-construction condominiums prior to the filing of the Declaration. Id. at 1204 ; § 718.504(24)(a), Fla. Stat. (2006). The court also recognized that section 718.109 does not apply until the Declaration is recorded....

...l repay to the developer the sum of money deposited with him. It is, therefore, clear that recording of the declaration may be accomplished without the certificate, and the certificate may be added at a later time as an amendment to the declaration. Section 718.109 , F....

...the property prior to such completion. Reading together s. 718.105 , F. S., providing that a declaration of condominium, together with all exhibits and all amendments, is `entitled to recordation as an agreement relating to the conveyance of land,' s. 718.109 , F....