Real Estate, Rental & Leasing

After two years of hard fought litigation, MM&H secured summary judgment against Sunset Islands HOA 3&4, one of the wealthiest homeowners’ associations in Miami. From 2014-2016, a luxury condominium called The Palau was built on Miami Beach. The developer of that condominium was met with some opposition from the neighboring islands, the Sunset Islands. The developer and the HOA for the Sunset Islands entered into settlement discussions, and ultimately agreed to a settlement agreement. In 2016, the Nahmads – a renowned Miami family – purchased two penthouse units at the Palau and submitted plans to renovate their roofdeck. The Sunset Islands opposed these renovation efforts and sought an injunction against the Palau condominium association and the Nahmads to prevent it. The parties filed competing motions for summary judgment, at the conclusion of which the Court entered a 16-page order granting final judgment to the Nahmads and the Palau and a series of important legal issues in Florida including how to interpret a restrictive covenant, and what constitutes notice for purposes of covenants running with the land. The Sunset Islands appealed the order but the trial court order was affirmed.

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