In short: The Third District affirmed, without opinion, a summary judgment that the Miami Beach Club Motel condominium had no easement over the neighboring parcel to reach three parking spaces. Because it was a PCA, the court gave no reasons. The neighbor had argued that an easement is an interest in land that must be granted in writing.
The Facts
This was a per curiam affirmance with no written opinion, so the facts below come from the briefs and arguments as described in the record and video, not from findings by the appellate court.
According to the association’s briefs, the two neighboring Sunny Isles Beach parcels were once one motel property under common ownership. They were made into two separate condominiums around 1980 to 1981 by different developer entities that the association said were controlled by the same people. For years, cars reached three parking spaces and a ramp at the Miami Beach Club Motel condominium by a one-way loop across the neighboring Seashore parcel, marked with painted arrows. RDR Seashore later redeveloped the neighboring land and blocked the route.
The association argued that both declarations included “intended easements” whether or not they were specifically described, that common control and long use showed an easement was intended, and that section 718.111(10) let the developer-controlled board grant easements. It also argued the trial court’s order did not state reasons as amended Rule 1.510 requires. RDR argued that an easement is an interest in real property that must be created by a written grant from the owner, that no recorded instrument created one, and that the declarations contained only standard cross-easements.
The Decision
On May 29, 2024, a panel of the Third District (Lindsey, Lobree, and Bokor) issued a one-word decision: “Affirmed.” A PCA leaves the trial court’s summary judgment in place but gives no reasons and generally cannot be cited as precedent. We cannot say which of RDR’s arguments the panel accepted.
The practical result is that the association did not establish an easement over the neighbor’s land to reach the three parking spaces.
The Law
An express easement is an interest in land. Under section 689.01, creating or transferring an interest in real property generally requires a written instrument signed before two witnesses. Easements can also arise by implication, such as an implied way of necessity under section 704.01, or by prescription. Each has strict requirements, and convenience or long use alone is not enough.
section 718.111(10) lets a condominium board grant, modify, or move easements over its own common elements or association property. It does not authorize a board to burden someone else’s land, or to change an easement benefiting outsiders without their consent.
Current law (2026): Section 718.111(10) (2026) is unchanged in substance: a board may grant, modify, or move easements over common elements or association property, but not burden others’ property or modify easements benefiting others without their consent.
Lessons
- If your parking, driveway, or access crosses a neighbor’s land, find the recorded easement. Painted arrows and decades of use are not a deed.
- Catch-all “intended easements” language in a declaration may not reach property outside the condominium.
- Section 718.111(10) gives a board power over its own common elements, not over the neighbor’s parcel.
- Before buying or redeveloping next to an older condo, map every access route and recorded easement in the title work.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Can a Condo Declaration Create a Parking Easement Over a Neighboring Property? | Miami Beach Club Motel v. RDR Seashore
Go Deeper
- Easement Disputes in Florida: Utility, Access, and Prescriptive Easements
- Florida Condo Owners' Rights: Special Assessments, Records, and Disputes With the Association
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
Frequently Asked Questions
Does a Florida easement have to be in writing?
An express easement is an interest in land and generally must be created by a written instrument that meets section 689.01’s signing and witness requirements. Florida also recognizes implied easements, such as ways of necessity, and prescriptive easements. Each has its own strict elements, and long use or convenience alone usually is not enough.
Can a condo association claim an easement over a neighbor's parking lot?
Only if the association can prove an easement exists, whether through a recorded grant, a qualifying implied easement, or prescription. In Miami Beach Club v. RDR Seashore, the Third District affirmed without opinion a summary judgment against the association’s claim to cross the neighbor’s land.
Can a condo board grant an easement?
Yes, over its own common elements or association property. Unless the declaration prohibits it, section 718.111(10) lets the board grant, modify, or move such easements without owner joinder. It does not let the board create rights over land owned by others.
What is a PCA in a Florida appeal?
A per curiam affirmance, or PCA, is a decision that affirms the lower court without a written opinion explaining why. It ends the appeal but generally has no precedential value. Further review by the Florida Supreme Court is usually unavailable.
Talk to a Florida condominium and real estate lawyer
Weidner Law, P.A. handles Florida condominium and real estate disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
