Condominium association sells unit after refusing widow’s transfer of ownership – WFTV
NEW SMYRNA BEACH, Fla .– A woman says the New Smyrna Beachfront condo that her husband has owned for more than a decade is being sold under her, after the condo association’s board of directors has refused the transfer of ownership of her late husband’s name to his after he died.
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The Village of Colony Beach Club condominium declarations allow board members to approve or deny the transfer or sale of a property for any reason. The lawyer representing the woman says he’s never seen it used this way, and they plan to fight.
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There is no doubt, the view Joan Cotton has become accustomed to in her husband’s first floor apartment is priceless.
“When my husband saw this view, he knew he was buying this condo,” Cotton said.
The two-bedroom Colony Beach Club unit, owned by Cotton’s husband Jeffrey, is a short walk from another one-bedroom unit named after him. When he passed away, she went through the probate process to claim what she said was still supposed to be hers.
“He was not doing well, and we thought it would be good for me, if at some point I needed some care when I got older or something, I would have a spare bedroom to do it.” Cotton explained.
Then, late last month, she checked the mail for a letter from the Condominium Association Board.
“The board, by majority vote, refused to transfer the estate,” she read aloud.
Instead of approving the transfer of her late husband’s name to his, the COA sold the Cotton condominium for $ 466,500.
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“I started to shake, I started to cry,” Cotton said. “I called my daughter right away. It was horrible… you can’t just steal my condo!
The declarations of the co-ownership association allow the Council to disapprove such a transfer.
“It is very common to have the right to refuse transfers,” said Council lawyer Marlene Kirtland Kirian.
” Are you all right ? Karla Ray asked.
“I don’t know if it’s right or wrong, but they respect their right to do it,” Kirtland Kirian said.
The letter Cotton received included a deposit of $ 5,000 from the promising buyers. His attorney Matt Firestone says the shutdown will not take place.
“In fact, I’ve never seen it used in any way, because I think there would usually be a lot of concern if you turned someone down if you didn’t have a very compelling reason for it. “said Firestone.
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He believes his client is being retaliated against after suing the COA over changes to common areas in the community. This lawsuit was settled just weeks before the transfer was denied.
“I don’t want to sell this,” Cotton said. “My husband was so proud that he was able to do it for us.”
The letter says the planned closing is supposed to take place on October 21. Kirtland Kirian says if it goes to court, the statements make it clear that the Association has the right to do it, and it expects to prevail.
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