In short: The condo association lost. In Grandview Palace Condominium Ass’n v. The Atkinson Trust (Fla. 3d DCA 2013), the court affirmed without opinion a bench trial ruling for the lot owner. As argued, the trial court read a recorded parking covenant that said nothing about payment to require the association to pay to use the lot.
The Facts
The Third District affirmed without a written opinion, so these facts come from the parties’ arguments as described in the oral argument video, not from court findings.
Grandview Palace is a condominium in North Bay Village. It relies on a separate lot of about 183 spaces, the “K lot,” to meet its required parking under a recorded covenant running with the land. During the developer era the association used the lot under a lease. After the lease expired, the lot’s owner, The Atkinson Trust, wanted to keep charging for use. The association argued the covenant gave it free use.
After a bench trial, the trial court ruled that because the covenant was silent on payment, the association had to pay. The association argued on appeal several points: silence meant no charge; the covenant worked like an easement; the court should not supply a market rate; and roughly 15 years of payments did not waive its rights. It also raised its right to cancel developer-era agreements under the condominium statute.
The Decision
The court entered a per curiam affirmance with no opinion, leaving the trial court’s ruling for the lot owner in place. A PCA does not explain which argument controlled and is not precedent. Court records show these parties returned to the Third District in 2015 and 2016 in later proceedings. Those appeals are separate from this one and are not covered here.
The Law
A covenant running with the land binds later owners of the burdened and benefited parcels. Courts read covenants like contracts, enforcing the plain language and generally not adding terms the drafters left out. When a document says nothing about compensation, each side argues the silence means what it needs. The outcome often turns on the full document, surrounding instruments, and how the parties acted for years.
Under section 718.302, unit owners can cancel certain grants, reservations or contracts made before turnover that provide for the operation, maintenance or management of property serving the condominium. Recreational and other commonly used facility leases are addressed in section 718.401. Whether a parking arrangement falls within these provisions depends on its terms and timing.
Lessons
- If a condo depends on off-site parking, read the recorded covenant closely. Silence on payment is a risk, not a guarantee of free use.
- Years of paying without protest can be used against an association later.
- Developer-era agreements may be cancellable under section 718.302, but the right must be exercised as the statute requires.
- Buyers should ask how required parking is secured and what it costs the association.
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.
Free Parking Forever? Covenant Silent on Rent | Grandview Palace v. Atkinson Trust, 3D13-0132
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 recorded parking covenant mean condo owners park for free?
Not necessarily. If the covenant does not address payment, a court may decide the owner of the lot can charge. In Grandview Palace, the trial court ruled the association had to pay. The Third District affirmed without opinion, so the reasoning is not precedent. Associations should not assume silence means free use.
What is a covenant running with the land in Florida?
A recorded promise tied to real property that binds and benefits future owners, not just the original parties. It must touch and concern the land and be intended to run. Courts enforce its written terms and are reluctant to add terms the document does not contain.
Can a condo association cancel a developer parking agreement?
Possibly. Section 718.302 lets unit owners cancel certain agreements made before turnover for the operation, maintenance or management of property serving the condominium, by the required vote. Whether a particular parking covenant or lease qualifies depends on its terms. Get the documents reviewed. Timing and procedure matter.
Can paying for years waive a condo association's rights?
Long-standing payment can support waiver or estoppel arguments, or be evidence of what the parties understood the deal to be. In Grandview Palace the lot owner pointed to about 15 years of payments. Associations that dispute a charge should object in writing rather than pay silently.
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.
