He Paid $5,000 for a Condo Parking License, Then Lost It (Keane v. President Condo)

The Facts

According to the opinion, Brian Keane bought a unit at The President Condominium in Miami Beach in 1998 for $50,000. Shortly afterward he paid the association $5,000 for an additional parking space. The document was titled “Parking Space License.” It had no fixed term, said it “shall run with the ownership of Unit 4A,” and said it was “specifically for the use of the Owner,” subject to the association’s rules and regulations.

Keane later moved out and rented the unit; at argument both sides described his tenant using the space. In 2009 the association revoked the license. Keane sued for a declaratory judgment and on other counts, including removal of board members, intentional interference with a contract and civil conspiracy. The Miami-Dade circuit court granted summary final judgment for the association.

At oral argument, the two sides framed the case this way:

• Keane argued that a written, paid-for license for a set duration, as long as he owned the unit, is a contract that cannot be revoked at will, that the declaration let lessees use parking, and that the association had allowed his tenants to use the space for years before a new board locked him out.
• Under questioning, his counsel acknowledged he had no case distinguishing written from oral licenses and that he had not sued for breach-of-contract damages.
• The association argued that under Florida law a license is revocable at will no matter how long it runs or whether it is in writing, that this license was personal to the owner, and that Keane could have bargained for an assigned limited common element parking space instead.
• The panel asked whether “runs with the ownership” meant the license was irrevocable until the unit was sold, and whether the word “Owner” excluded a tenant.

The Decision

The Third District affirmed in a written opinion on February 19, 2014. It held that the parking space license was revocable at the will of the association.

The court explained that a license is generally revocable at the pleasure of the licensor. Unlike a lease or an easement, a license only permits a person to do a particular act on another’s land and does not create an interest in the property. The court cited Dance v. Tatum, 629 So. 2d 127 (Fla. 1993), Seaboard Air Line Railway Co. v. Dorsey, 149 So. 759 (Fla. 1932), and Homestead-Miami Speedway, LLC v. City of Miami, 828 So. 2d 411 (Fla. 3d DCA 2002).

The court recognized a narrow exception: a license may become irrevocable when the licensee, relying on it, spends large sums or takes on heavy obligations to permanently improve the property. Keane paid for the license, but the record showed no substantial spending to improve the space, so the exception did not apply. The court affirmed the remaining counts without discussion.

The docket shows Keane’s motion for rehearing was denied on April 2, 2014, as was the association’s motion for rehearing of the order denying it appellate attorney’s fees. The Florida Supreme Court denied review on December 11, 2014.

The Law

License versus property interest. A license is permission to use someone else’s property. It is not an ownership interest, and it can generally be revoked. An easement or a lease is an interest in land and cannot be taken back at will. Calling a license something that “runs with” a unit did not turn it into an easement here.

Limited common elements. Under the Condominium Act, a limited common element is a common element reserved for the use of a certain unit or units to the exclusion of others, as specified in the declaration. See section 718.103. A parking space properly assigned as a limited common element under the declaration is tied to the unit in a way a simple license is not. The association argued at oral argument that this was the right Keane could have bargained for.

Lessons

• Find out exactly what you are buying. A “parking license” from a condo association may be revocable at any time, even if you paid for it.
• If you want a parking space that stays with your unit, ask for an assignment of a limited common element under the declaration, or another documented property right, not a license.
• Paying for a license does not make it irrevocable. The exception requires substantial spending to permanently improve the property in reliance on the license.
• Associations granting parking licenses should state the term and how revocation works.
• Plead every remedy you want. Keane did not seek contract damages for the payment, which the panel raised at argument.

Source: Keane v. President Condominium Association, Inc., No. 3D13-746 (Fla. 3d DCA Feb. 19, 2014); rehearing denied Apr. 2, 2014; review denied by the Florida Supreme Court Dec. 11, 2014 (ACIS docket).

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.

🏛️ Condo Parking License "Runs With the Unit": Revocable? | Keane v. President Condo, 3D13-746

Go Deeper

• Florida Condo Owners' Rights: Special Assessments, Records, and Disputes With the Association
• HOA Wins a Towing Suit but Loses Its Fee Award (Johnson v. Carroll Oaks HOA)
• Appealing Too Early: Why a Condo Ownership Appeal Was Dismissed (Mantabs v. Happy Fiddler)

Frequently Asked Questions

Can a Florida condo association take away my parking space?

It depends on what right you have. In Keane, the owner held only a license, and the Third District held the association could revoke it at will even though he paid $5,000. A space assigned as a limited common element under the declaration is treated differently.

What is the difference between a license and an easement?

A license is permission to use another’s property and is generally revocable. An easement is an interest in the land itself and cannot be revoked at will. The parties in Keane agreed the parking right was a license, which decided the case.

Is a written, paid-for license irrevocable?

Not by itself. The Keane court applied the general rule that licenses are revocable. The narrow exception requires that the licensee spent large sums or took on heavy obligations to permanently improve the property in reliance on the license.

What is a limited common element parking space?

It is a part of the common elements reserved for the use of a particular unit under the declaration of condominium. It is generally tied to the unit, unlike a license. The association in Keane argued the owner could have bargained for one instead.

Talk to a Florida real estate litigation lawyer

Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals 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.