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Aventura Management, Llc V. Spiaggia Ocean Condominium Association: Condominium Associations Beware, William C. Matthews
Aventura Management, Llc V. Spiaggia Ocean Condominium Association: Condominium Associations Beware, William C. Matthews
Florida Law Review
In late January 2013, the Third District Court of Appeal sent shockwaves throughout the real estate community with regards to condominium associations’ rights as unit owners. In AventuraManagement, LLC v. Spiaggia Ocean Condominium Association (Spiaggia), the appellate court interpreted Florida Statute § 718.1162 in an unprecedented way. The court held that if a condominium association takes title to a unit before the bank forecloses on a defaulting unit owner, the association is jointly and severally liable for all past due assessments with the previous owner that came due, up to the time of transfer of title.3 Condominium associations across …
Migrating Boundaries, Katrina M. Wyman, Nicholas R. Williams
Migrating Boundaries, Katrina M. Wyman, Nicholas R. Williams
Florida Law Review
The boundaries between land parcels usually are assumed to be static and unchanging. However, not all land borders are stable. An important land boundary that routinely ambulates is the border between what is publicly and privately owned along U.S. coastal shores. This coastal boundary recently has been the subject of renewed attention from the courts, scholars, and even the popular press in the wake of Hurricane Sandy. This Article offers an economic analysis of why the boundary generally ambulates, rather than remaining perpetually fixed as land borders usually are assumed to do. It also considers whether the legal border generally …
The Trespass Fallacy In Patent Law , Adam Mossoff
The Trespass Fallacy In Patent Law , Adam Mossoff
Florida Law Review
The patent system is broken and in dire need of reform; so says the popular press, scholars, lawyers, judges, congresspersons, and even the President. One common complaint is that patents are now failing as property rights because their boundaries are not as clear as the fences that demarcate real estate—patent infringement is neither as determinate nor as efficient as trespass is for land. This Essay explains that this is a fallacious argument, suffering both empirical and logical failings. Empirically, there are no formal studies of trespass litigation rates; thus, complaints about the patent system’s indeterminacy are based solely on an …