NEW SMYRNA BEACH — A woman says the New Smyrna Beachfront condo her husband owned for more than a decade is being sold out from under her, after the condo association board denied the transfer of property from her late husband’s name to hers after he died.
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“He was not well, and
we thought it would be good for me, if at some point I
needed care when I get older or something, I would have a
spare bedroom to do that with,” Cotton explained.
Then, late last month, she checked the mail to find a letter
from the Condominium Association Board.
“The Board, by majority vote, has denied to transfer the
estate,” she read aloud.
Instead of approving the transfer from her late husband’s
name to hers, the COA sold the Cotton’s condominium for
$466,500.
“I started shaking, I started to cry,” Cotton said. “I
called my daughter right away. It was horrible… you can’t
just steal my condo!”
The condo association’s declarations allow for the Board to
disapprove of such a transfer.
“It’s very common to have the right to deny transfers,”
Board attorney Marlene Kirtland Kirian said.
“Does that make it right?” Karla Ray asked.
“I don’t know if it’s right or wrong, but they’re following
their right to do that,” Kirtland Kirian said.
The letter Cotton received included $5000 in a deposit from
the hopeful buyers. Her attorney Matt Firestone says the
closing isn’t going to happen.
“I actually have never seen it used in any way, because I
think typically there would be a lot of concern if you turn
someone down if you don’t have a very compelling reason for
it,” Firestone said.
He believes his client is being retaliated against after
suing the COA over alterations done to common areas within
the community. That suit settled just weeks before the
transfer was denied.
“I don’t want to sell this,” Cotton said. “My husband was so
proud he was able to do this for us.”
The letter shows the expected closing is supposed to be on
October 21. Kirtland Kirian says if this goes to court, the
declarations make it clear the Association is within its
right to do this, and she expects to prevail.