WASH AND DRY, INC., A FLORIDA CORPORATION, D/B/A ALL MIAMI APPLIANCES, APPELLANT,
v.
BAY COLONY CLUB CONDOMINIUM, INC., A FLORIDA CORPORATION, D/B/A BAY COLONY CLUB, APPELLEE
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Wash and Dry, Inc. appeals a summary judgment denying its claim for specific performance and injunctive relief against a condominium association that cancelled laundry machine service contracts. The court affirms, holding that Florida statutes governing condominium associations authorize cancellation of such contracts and rejecting the company's arguments that personal property services fall outside the statutes' scope.
Both statutes apply to and authorize cancellation of laundry machine service contracts. The statutes cover personal property serving unit owners, and washing machines in condominium laundry rooms fall within this scope. The trial court properly granted summary judgment because the record contained no facts precluding cancellation, and the association's continued payment did not constitute a ratification that would prevent cancellation.
[1] Condominium association statutes governing contract cancellation by unit owners apply to contracts for the installation and operation of washing machines in common laundr…
[2] The phrase "property serving the unit owners" in a condominium statute is broad enough to include personal property, not just real property.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Any grant or reservation made by a declaration or cooperative document, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, that provides for operation of a condominium or cooperative or for maintenance, management, or operation of condominium or cooperative property or of property serving the unit owners of a condominium or cooperative shall be fair and reasonable and may be cancelled by unit owners other than the developer under the following circumstances . . . .”
The amended statute § 711.66(5) explicitly covering laundry machines through the phrase 'or of property serving the unit owners'
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Join FLexlaw to unlock all legal intelligenceA developer originally contracted with Wash and Dry to supply laundry machines, service, and repair to various condominium buildings. When the condomi…
The full statement of facts, procedural history, and disposition for this case are member content.
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LETTS, Judge.
A washing machine company here appeals from a summary judgment denying its complaint for specific performance and injunctive relief against a condominium association. We affirm.
The developer originally entered into some twenty (20) different contracts to supply various buildings with laundry machines, service and repair. Thereafter when the condominium association took over control in accordance with the declaration, it cancelled some of the contracts pursuant to Florida Statute, 711.13(4) (1973) and as to the remaining contracts, signed later, pursuant to the succeeding statute which replaced § 711.13(4) namely Florida Statute 711.66(5) (1975).
The trial judge held that both of these statutes applied,1 while the washing machine company argues that neither of them do.
The first of these statutes, § 711.13(4) (1973) provides in part:
Any initial or original contracts first entered into by the condominium association or its fiduciaries or appointees for maintenance, management, or operation of condominium property shall be subject to cancellation at any time subsequent to the time any individual unit owners assume control of their association . . .
(emphasis supplied)
The second statute § 711.66(5) (1975) reflects a change of language from the above provision and states:
Any grant or reservation made by a declaration or cooperative document, lease, or other document, and any contract made by an association prior to assump tion of control of the association by unit owners other than the developer, that provides for operation of a condominium or cooperative or for maintenance, management, or operation of condominium or cooperative property or of property serving the unit owners of a condominium or cooperative shall be fair and reasonable and may be cancelled by unit owners other than the developer under the following circumstances . . . . (emphasis supplied)
We are of the view that both of these statutes cover the installation and operation of washing machines in the laundry rooms of condominium buildings.
Taking them in reverse order, it seems to us to be clear beyond doubt that the language of the amended statute [§ 711.66(5)] covers washing machines because of the words “or of property serving the unit owners . . . .” The washing machine company argues that this language refers only to real property which is a part of the common elements. We cannot agree and must conclude that both personal and real property was intended to be covered.2 A washing machine is certainly a form of personal property serving the unit owners and we are convinced that the language adopted by this latter statute was designed for this very purpose.
As to § 711.13(4) (1973) the pertinent language there is not as clear when it simply states: “contracts . . . for maintenance, management, or operation of condominium property . . . .” Predictably the washing machine company makes the same argument that this refers to real property only, an argument which we again reject. More significantly however, they also argue that because of the amendment to the latter statute, [§ 711.66(5)] which adds the language: “of property serving the unit owners . . . . ” this leads to the conclusion that property serving the unit owners was excluded by the previous statute. Again we do not agree. It is true that the language of the amendment makes it much clearer, but we still think the original language is sufficient. Washing machines located and operating in a condominium laundry room constructed for the purpose, appear to us to be property for the maintenance, management or operation of the condominium and we do not believe that such language was only intended to cover “sweetheart” management contracts.
The washing machine company also argues that because the condominium association continued to pay on these contracts for many months after they took over the management of the corporation, that this act of continuing payment plus a direction that the checks be made out to a different payee, amounted to a ratification of the contracts which precludes the cancelation of same, even if the statutes do apply. This might indeed be the result under certain circumstances, but we can detect nothing in this particular record that would preclude the trial judge from entering a summary judgment.
AFFIRMED.
ANSTEAD, J., and JOHNSON, THOMAS H., Associate Judge, concur. . His judgment does not expressly so state, but the holding is evident from the motion for summary judgment.
. “The term ‘property’ is sufficiently comprehensive to include every species of estate, both real and personal, and everything that one person can own and transfer to another.” 25 Fla.Jur. Property § 3 (citing cases.)
LETTS, Judge.
By petition for rehearing the appellant has called to our attention the fact that the last paragraph of the opinion filed January 17, 1979 contains a factual misstatement and should be amended to read as follows:
“The washing machine company also argues that because the condominium association continued to receive payments on these contracts for many months after they took over the management of the corporation, that this act of receiving payment plus a direction that the checks be made out to a different payee, amounted to a ratification of the contracts which precludes the cancellation of same, even if the statutes do apply. This might indeed be the result under certain circumstances, but we can detect nothing in this particular record that would preclude the trial judge from entering a summary judgment.”
In all other respects the opinion as filed is herewith reaffirmed.
ANSTEAD, J. and JOHNSON, THOMAS H., Associate Judge, concur.
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Wash-Bowl Vending Co., Inc. v. NO. 3 Condo. Ass'n, 485 So. 2d 1307 (Fla. 3d DCA 1986)…711.66(5), Fla. Stat. (1975)], which contain similar language protective of condominium associations, has held that contracts to supply and service laundry equipment fall under such statutes.1 Wash and Dry, Inc. v. Bay Colony Club Condominium, Inc., 368 So. 2d 50 (Fla. 4th DCA 1979). Second, we are asked to decide whether Wash-Bowl complied with the statute as much as was practicable given the differences between a laundry space lease and a contract for the operation, maintenance or management of property s…
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Hastings F Condo. Ass'n, Inc. v. Perlman, 493 So. 2d 1128 (Fla. 4th DCA 1986)…easement provided for operation, maintenance or management of the condominium association or property serving the unit owners of the condominium. We find no support for appellants’ position in Wash and Dry, Inc. v. Bay Colony Club Condominium, Inc., 368 So. 2d 50 (Fla. 4th DCA 1979) and Country Manors Association, Inc. v. Master Antenna Systems, Inc., 458 So. 2d 835 (Fla. 4th DCA 1984). In Wash and Dry we held that the association effected a valid cancellation pursuant to section 711.665, Florida Statutes (…