[CLC-Discussion] Question on Obstruction of Ocean View of First Floor Condo Unit

[Joel McTague]

They may have a riparian/littoral rights, and part of the common law littoral rights is the right to an unobstructed view of the water.  Hayes v. Bowman, 91 So.2d 795, 801 (Fla. 1957); Lee County v. Kiesel, 705 So. 2d 1013 (Fla. 2d DCA 1998).  I'm not aware of any caselaw in Florida that says an individual condo unit owner has littoral rights but last time I looked there was only one case on point in the nation (somewhere in the center part of the country I think) that held that riparian rights did in fact inure to the individual condo owners.  (*note, the issue of oceanfront littoral rights gets complicated fast, and again, last time I checked, there were some major unresolved issues regarding it and some logical leaps to distinguish precedent by the Florida Supreme Court that many people question and at least one appeal to the US Supreme Court that split 4-4).

Also the pool heating system could be violative of 718.113(2) as a material alteration, although what constitutes a material alteration has been in flux in the past couple of years.

Joel M. McTague, B.C.S.
Board Certified in Condominium and Planned Development Law
Florida Supreme Court Certified Mediator - County, Circuit and Appellate
Frank Weinberg Black, P.L.
7805 S.W. 6th Court
Plantation,  FL  33324
954-474-8000
954-474-9850 Fax
jmctague at fwblaw.net<mailto:jmctague at fwblaw.net>
www.fwblaw.net<http://www.fwblaw.net/>

            [cid:image001.jpg at 01DAF3CD.A2D0A940]
FRANK * WEINBERG      * BLACK
      Boca Raton   Daytona Beach  Plantation
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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Michael Sasso
Sent: Wednesday, August 21, 2024 1:02 PM
To: clc-discussion at lists.flabarrpptl.org
Cc: Michael Adam Sasso <masasso at sasso-law.com>
Subject: [CLC-Discussion] Question on Obstruction of Ocean View of First Floor Condo Unit

Good afternoon all,

I have a client with an oceanfront, first floor condominium unit.
There's  a large swimming pool between my client's unit and the ocean.
The association recently installed a heating system for the pool which partially obstructs my client's view of the ocean.
Client is not happy.
They rent the unit and this has affected rental rates and occupancy.
Also, when they use their unit their view is obstructed and this impacts their enjoyment.

Does anyone have any experience with this type of issue?

Any suggestions or ideas will be welcome and appreciated.

Thank you.

Respectfully,

Mike Sr

Michael C. Sasso
Board Certified in Construction Law
Sasso & Sasso, P.A.
1031 West Morse Boulevard, Suite 120
Winter Park, Florida 32789
Telephone: (407) 644-7161
Facsimile:   (407) 629-6727

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