In short: SRQUS, LLC and its owners appealed a Sarasota County judgment in a waterfront property dispute with two neighboring condominium associations and Bennett-Hunt Corporation. The Second DCA affirmed without a written opinion, so the trial court’s ruling stands and the decision sets no precedent.
The Facts
SRQUS, LLC and Achim and Erika Ginsberg-Klemmt sued in Sarasota County circuit court in 2020. The defendants were Lawrence Pointe Condominium Association, Cedars Condominium Corporation and Bennett-Hunt Corporation. Based on the description of the oral argument, it was a dispute over rights in waterfront property next to the condominiums.
The trial court ruled against SRQUS and the Ginsberg-Klemmts, and they appealed. Because the Second District affirmed without an opinion, the court never published findings, and the exact claims are not described in the public decision.
The Decision
The Second District issued a per curiam affirmance: the single word “Affirmed,” with Judges Kelly, Morris and Lucas concurring. The trial court’s judgment stands. A PCA tells the parties they lost but not why, and it cannot be cited as precedent in later cases.
The Law
Disputes between private owners and condominium associations over neighboring land usually turn on recorded documents: the plat, deeds, easements and the condominium declaration. Florida’s Condominium Act, chapter 718, defines what the association owns and controls, including common elements under section 718.108. Rights in another’s land, such as easements, are interpreted from the recorded instruments, and claims to quiet title proceed in circuit court.
On appeal, a party who loses at trial must show reversible legal error or a lack of competent, substantial evidence. When the appellate court affirms without opinion, review by the Florida Supreme Court is generally unavailable.
Lessons
- In a fight with a condo association over land lines or access, the recorded documents usually decide the case. Get a title search and survey early.
- Appellate courts defer heavily to trial court fact-finding; you need a clear legal error to win.
- A PCA ends the case with no explanation and no further review in most cases.
- Consider whether a negotiated easement or boundary agreement would cost less than years of litigation.
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.
Commercial & Condo Property Dispute | SRQUS v. Bennett-Hunt & Lawrence Pointe, 2D23-0954
Go Deeper
- No Written Easement, No Parking Access: Condo Loses Driveway Claim (Miami Beach Club v. RDR)
- Who Owns Streets and Parks Dedicated on an Old Plat? (Graham v. Bal Harbour)
- Easement Disputes in Florida: Utility, Access, and Prescriptive Easements
Frequently Asked Questions
Can I sue a condo association over a property line or access dispute?
Yes. A neighboring owner can bring claims such as quiet title, declaratory judgment or easement enforcement against a condominium association in circuit court. The outcome usually turns on the plat, deeds, recorded easements and the declaration, so a title search and survey are the starting point.
What does a per curiam affirmance mean?
It means the appellate court upheld the lower court’s ruling in a decision not signed by any single judge. When it is just the word Affirmed, with no opinion, it is called a PCA. It is not precedent and gives no reasons for the result.
How long does a Florida civil appeal take?
In the district courts of appeal, a typical civil appeal takes many months to more than a year from the notice of appeal to decision, depending on briefing extensions and whether oral argument is held. This appeal was filed in 2023 and decided in December 2024.
Who owns the land next to a condominium?
It depends on the recorded documents. The declaration and plat describe the condominium property and common elements. Land outside that description may belong to a separate owner, another association, or the developer’s successor. Recorded easements may give others rights over it.
Talk to a Florida condominium dispute lawyer
Weidner Law, P.A. handles condominium association and unit-owner disputes from St. Petersburg. If you need a property dispute 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.
