Legal Question in Real Estate Law in Florida

Re: What Constitutes a Gate?

I would need to review your documents with you and see the exact language of what was being promised. It sounds like there may be an ambiguity, in that "gate" may be interpreted different ways. Have you written the developer and discussed the type of gate that will be installed? How long have you been there? Do you want to stay there if a toll bar is installed vs. a gate.

If the docs specify the gate that you are referring then you may be able to bring an action for specific performance and compel them to put in the gate you are describing. But when there is an ambiguity in a contract it is usually construed against the drafter and the court will be asked to try and interpret what the parties intended by looking at the contract. Presumably, the value of a gated commuity vs. a community with a toll bar is a material term, and needs explanation. If you would like to further discuss your matter, then you may contact me at (305) 769-3000. Good luck.

Re: What Constitutes a Gate?

One would have to review the condominium documents, marketing materials, and the contract between you and the developer to determine whether you have a viable claim. The fact that your question states that it was "implied" that the community would be a "gated community" suggests that there may not be anything in writing that makes it clear that representations were made that the community would in fact be a gated community. In any event, if the documents show that it was intended to be a gated community and marketed that way by the developer, you may have a cause of action for specific performance that may enable you to compel the developer to comply with its promises.