Legal Question in Real Estate Law in Florida

A city municipality enter into a covenant with a developer that requires a certain number of parking spaces be allocated to the current project (building). The project does not hold the required number of spaces on hand and the covenant stipulates that if an offsite parcel is acquired for this purpose this would satisfy the requirement of the city. The developer then acquires said parking parcel. Subsequently, another developer buys both the building and the parking parcel subject to this covenant.

The new developer intends to build another building on this parking parcel but then realizes there is this covenant. The new developer then sells the parking parcel to another controlled entity which then rents out the required spaces to the building..

Question: Does a covenant allow for this parcel to be separated from the subject building or does the parcel in effect "belong" to the underlying building? Does it appear legal that the building is forced to lease the parking spaces from this entity even if the covenant required that said parking parcel be acquired?

thank you ....

concerned in Florida


Asked on 11/21/09, 6:56 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

It really depends on the exact wordage of the covenant. Many zoning laws and convenants just require a certain number of parking spaces. This can be shown thru the purchase of land, land use agreement with other land owners to share parking (shared parking agreement), leasing space, and etc. Typically the city does not worry about how it is achieved as long as you are in compliance. As stated before, it really depends on the specific wording of the convenant.

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Answered on 11/30/09, 9:59 pm


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