6016 – Vista Del Mar v. Vista Del Mar, LLC
Vista Del Mar Condominium Association (the Association) and the individual unit owners (Unit Owners) of the Vista Del Mar Horizontal Property Regime (the Regime) (collectively, Appellants) appeal the circuit court’s order granting summary judgment to Atlantic Development Company and Atlantic Coast Funding, LLC (collectively, Respondents), quieting title in favor of Respondents to a 2.58 acre tract (the Property), which had been a part of the Regime, and declaring Respondents had a valid easement (Access Easement) that ran with the title to the Property. On appeal, Appellants argue the circuit court erred in upholding the removal of the Property from the Regime because (1) the removal of the Property, which was a common area, was a violation of the Horizontal Property Act (the Act); and (2) the developer, Vista Del Mar, LLC (Developer), no longer had authority to take any action concerning the Regime at the time of the removal. In addition, Appellants argue Developer did not have authority to grant an express easement over Regime property that benefitted the Property. We affirm.
Posted by: Byron King on 11/07/23 (This information is only accurate as of 11/07/23. You must contact SCR for updates and changes to this information after 11/07/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
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