A recent decision by Florida’s Third District Court of Appeals could have significant implications for mixed-use developments, particularly those that contain hotels and residential condominium owners. The case considered whether the declaration of condominium for the IconBrickell condominium in downtown Miami violated Florida’s Condominium Act because it eliminated what might be treated as common elements in the condominium. Although it attempts to clarify the essential common elements, the Court’s decision does not settle the uncertainties associated with common elements in mixed-use developments that increasingly concern developers, owners and hospitality operators.

Details of the Court’s decision and what it could mean for local mixed-use development moving forward can be found by clicking here.