In short: The Third District affirmed. The developer showed it was still offering units for sale in the ordinary course when it assigned 34 parking spaces and seven storage spaces to units in December 2019, and that the declaration allowed the assignments. The association offered no record evidence to rebut that showing, and the later bench-trial findings were supported by evidence.
The Facts
Bayshore Plaza I, LLC developed Aria on the Bay, a Miami condominium. In December 2019, the developer assigned the exclusive use of 34 parking spaces and seven storage spaces to condominium units owned by 1770 Bayshore Plaza Drive, LLC. According to the briefs, the declaration let the developer assign parking and storage spaces while it was still offering units for sale in the ordinary course of business.
The association sued to invalidate the assignments. It argued, among other things, that some storage areas could not be assigned and that the developer had stopped selling in the ordinary course after closing its sales center and making a bulk sale. The trial court granted summary judgment upholding the parking assignments and five of the storage assignments. After a bench trial, it ruled the remaining two storage spaces were assignable too. It also entered a default judgment on the unit owner’s ejectment counterclaim, which is the subject of the second appeal.
On appeal, the association also argued, according to the briefs and argument, that the court lacked jurisdiction to allow a counterclaim after final judgment and to enter the default after the notice of appeal.
The Decision
The Third District affirmed both orders in a short per curiam opinion. Under Florida’s current summary judgment standard, once the moving party meets its initial burden, the non-moving party must come forward with evidence creating a genuine factual dispute. The developer and unit owner showed that at the time of the transfers the developer was still offering units for sale in the ordinary course, and that the parking spaces and five storage spaces were assignable under the declaration. The association did not rebut that with record evidence.
The court also affirmed the post-summary-judgment findings on the two remaining storage spaces and on the ejectment claim, because competent, substantial evidence supported them. The opinion did not separately address the jurisdiction arguments.
The Law
Under section 718.106(2)(b), the exclusive right to use a portion of the common elements passes with a unit, including the right to transfer that use to other units to the extent the declaration as originally recorded, or as properly amended, allows. A transfer must follow the declaration’s procedures.
Summary judgment is governed by Florida Rule of Civil Procedure 1.510, which since 2021 follows the federal Celotex standard. After the movant makes its showing, the opponent must point to specific record evidence. Affidavits that contradict the party’s own earlier sworn testimony generally will not create a dispute.
Current law (2026): Section 718.106(2)(b) (2026) still allows transfer of limited common element use rights to the extent the declaration authorizes and requires conformity with the declaration’s procedures.
Lessons
- Read your declaration for developer rights to assign parking, storage, and other limited common elements, and for when those rights end.
- An association that challenges developer assignments needs evidence, such as sales records and dates, not just argument.
- A corporate representative’s deposition testimony can bind the association. Prepare that witness carefully.
- Answer every counterclaim on time. Summary procedure claims such as ejectment have short deadlines, and a default is hard to undo on appeal.
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 Developer Assign Storage and Parking After Its Sales Office Closes? | Aria on the Bay v. Bayshore Plaza I
Go Deeper
- 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
Can a Florida condo developer assign parking spaces to units?
Yes, if the declaration allows it. Section 718.106(2)(b) lets the exclusive use of limited common elements be transferred to the extent the declaration, as recorded or properly amended, authorizes. In Aria on the Bay, the developer’s assignments were upheld because it was still offering units for sale in the ordinary course.
How long can a developer keep assigning limited common elements?
It depends on the declaration. Many declarations limit developer assignment rights to the period while the developer is offering units for sale in the ordinary course of business. Whether that period has ended is a fact question, and the party challenging the assignments must offer evidence on it.
What does an association need to defeat summary judgment in Florida?
Evidence. Under the current Rule 1.510, once the movant makes its initial showing, the opponent must come forward with record material showing a genuine factual dispute on an element it must prove. In Aria on the Bay, the association’s failure to do so was decisive.
Can a condo association get its storage and parking spaces back from a developer?
Only if the assignments violated the declaration or the Condominium Act. Courts enforce declarations as written. If the developer followed the declaration’s assignment procedure while it still had the right to do so, the assignments generally stand, as they did in Aria on the Bay.
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.
