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Posted on

January 10, 2013

Blog Sponsored by Taylor & Carls, P.A.

 Can a actuality captivation a activity acreage absorption in acreage serve on the lath of a affiliation association?  Can a actuality captivation a activity acreage absorption in acreage vote in elections, recalls, alteration of documents, or added affiliation affiliation matters?  Though best bodies are accustomed with fee simple anatomy of ownership, there are added forms of absolute acreage buying in Florida.  One archetype is a activity acreage interest.  A activity acreage absorption is buying for the continuance of a defined person’s life, with the absorption in the acreage accustomed to a remainderman afterwards the activity acreage absorption terminates.  This blazon of buying is accordant in the affiliation affiliation ambience because owners are generally appropriate to vote on assorted affiliation affairs and some may appetite to run for the lath of admiral of the association.

Is the alone captivation a activity acreage advised an buyer for purposes of acceptable a lath affiliate or for voting on affiliation affiliation matters?    Florida courts accept captivated that a activity acreage addressee is advantaged to the use and amusement of the activity acreage absorption during its existence, with the alone brake actuality that the activity acreage addressee cannot assuredly abate or change the amount of the approaching acreage of the remainderman.  This agency that a actuality captivation a activity acreage absorption has the aforementioned appropriate to the use and amusement of the acreage as a fee simple owner.  This appropriate has been continued to voting on affiliation affairs and active for the lath in the affiliation affiliation context. 

It is important to bethink that the activity acreage addressee charge be the almanac buyer of acknowledged appellation of the acreage to be advantaged to vote on affiliation affairs and to be adopted to the board.  Therefore, affiliation associations should argue with an advocate to analysis the accomplishment to the acreage and the administering abstracts of the affiliation in adjustment to actuate whether or not the almanac buyer of the acreage has a activity acreage interest, and whether that activity acreage addressee has the appropriate to serve on the lath and vote in assorted affiliation matters.   

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This Blog was able by Rania A. Soliman, Esq. of Taylor & Carls, P.A.  The admonition independent herein should not be acted aloft after able acknowledged advice. The opinions bidding herein are as of the date hereof, and this law close undertakes no obligation to admonish of consecutive changes in the law.

The close of Taylor & Carls, P.A., with offices amid in the Orlando area, Tampa – St. Petersburg area, and Northeast Florida (Jacksonville/St. Augustine/Palm Coast), was founded in 1981 and has accomplished in the breadth of affiliation affiliation law back that date. The close can be accomplished Toll Free at 1-800-395-6235 or locally at 407-660-1040.

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