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MIAMI—As an alternative to projects using a condominium form of ownership, new low-rise or garden style projects that would typically need to be structured as a residential condominium have recently been approved by several Florida local authorities, potentially paving the way for an alternative non-condominium structure for projects that otherwise would need to be structured as a condominium. So says Jeff Margolis, an attorney with Berger Singerman in Boca Raton, FL.

“With the proper documentation, including a declaration of covenants and restrictions, appropriate disclosures in homeowners’ association and sales documents, and necessary approvals from the applicable governmental authorities and lenders, homebuilders can now construct low-rise residential townhomes, with each unit having exclusive use of a garage, that can be structured to allow ownership as non-condominium units as opposed to condominiums,” Margolis tells GlobeSt.com. “With this structure all units have exclusive use and access to a garage, though certain units actually have no garages, and other units contain two garages.”

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