The authors evaluate the theory of unconscionability as a basis for challenging long-term condominium recreation leases in Florida. They discuss the situation underlying such challenges and examine recent attempts to apply common law and U.C.C. unconscionability principles to recreation leases. An analysis of the realities of condominium development serves to dispel several commonly held misconceptions about recreation leases. The authors also analyze the presumption of unconscionability under the Florida Condominium Act, contrasting it with the proposed Federal Condominium Act. Recognizing the inefficacy of the unconscionability approach, the authors briefly discuss the recreation lease buy-out as a more feasible alternative solution.
Barry A. Mandelkorn, Michael H. Krul, and Janice E. Podoll,
The Non-Unconscionability of Condominium Recreation Leases,
34 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol34/iss3/6