As land values soar and developers eye prime locations for redevelopment, Florida’s condo termination laws are once again under scrutiny. Recent terminations—some supported by a majority of owners, others not—have sparked debate over property rights, fairness, and the limits of majority rule.
Current Legal Framework
Under Florida Statute §718.117, a condominium can be terminated if:
- 80% of voting interests approve, and
- No more than 5% object in writing
This framework allows a supermajority of owners (or often, a bulk buyer) to initiate a termination that forces minority owners to sell—even if they oppose the plan.
Legislative Attention and Reform Efforts
Proposed legislation seeks to:
- Raise the threshold for approval to 90% or more
- Strengthen protections for homesteaded units and elderly residents
- Require third-party appraisals to ensure fair compensation
Advocacy groups argue that current laws disproportionately favor developers and bulk investors at the expense of long-term homeowners.
Legal Questions and Emerging Litigation
- Is the 5% objection clause sufficient due process under the Florida Constitution?
- Are minority owners receiving fair market value—or less?
- Can owners challenge terminations based on procedural irregularities or conflicts of interest?
The answers may shape future reform and litigation strategies.
What Condo Owners Should Know
- Stay involved in association meetings and monitor bulk ownership trends
- Consult an attorney immediately if your building is discussing termination
- Document objections and demand transparency throughout the process
While terminations may make financial sense in some cases, Florida lawmakers are increasingly grappling with how to balance redevelopment with the rights of individuals who call these condos home.
