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Gary Mars of Siegfried Rivera Gary Mars of Siegfried Rivera

In a ruling that calls into question the legal framework for many Florida condo-hotels, the state’s Third District Court of Appeal recently ruled in favor of an Icon Brickell condominium owner’s claim that the property’s declaration broke state law by giving ownership and control of shared facilities to the owner of the W Miami Hotel. The decision signals the need for Florida’s lawmakers to consider legislative amendments to the state’s condominium laws specifically addressing the authority over common elements at condo-hotel properties.

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