Assume that Bob builds a deck in his Florida condominium common area.
Is there any reason why Bob can not claim adverse possession of said common area after 10 years?
Assume that Bob did not have the proper permissions from the HOA and meets each of the criteria for adverse possession:
hostile (there is no easement, lease, or rent agreement)
actual (in practical control of the land)
exclusive (only the claimant controls the land and claims it)
openly visible and notorious (using the land openly, without hiding the occupancy)
continuous for the statutory period (in Florida, seven years)
It is my understanding that in Florida one can not claim AP against a state park or similar institution. I am trying to understand if a Condo is considered to be a similar institution.
I did find a similar case, however, it is for MA and not FL. http://rebama.blogspot.com/2021/08/land-court-rejects-claim-of-adverse.html
In reaching its conclusion, the Land Court relied upon fundamental principles of common ownership – noting that unit owners “voluntarily buy into the condominium arrangement of property rights,” which precludes a claim for adverse possession over the common areas. Because the statute clearly and unambiguously requires the consent of all unit owners to any alteration of the unit owners’ respective percentage interest in the common areas, one unit owner cannot unilaterally alter same by asserting a claim that a portion of the common areas has been added to their unit.
