Issues Revealed by W Hotel Amenities Decision Need Legislative Correction

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In a decision that challenges the legal framework for many Florida condo hotels, the state’s Third District Court of Appeals recently ruled in favor of a claim by the owner of an Icon Brickell condominium that the Statement of ownership violates state law by giving ownership and control of shared facilities. to the owner of the W Miami hotel. The ruling signals the need for Florida lawmakers to consider legislative changes to state condominium laws, specifically addressing authority over the common elements of condominium-hotel properties.

The 50-story Icon Brickell Tower 3 features the 148-room W Miami, formerly the Viceroy Hotel, in addition to 372 condominiums. New Media Consulting LLC, the owner of one of the building’s units, filed a lawsuit in Miami-Dade Circuit Court in 2018 against the building’s condominium association, alleging that the declaration of co-ownership of the property gave the owner of the W Miami hotel too much authority in violation of the Florida Condominium Act.



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