BAYSHORE COOPERATIVE, INC., APPELLANT,
v.
MARTHA L. RUSSCOL, APPELLEE
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Affirmed trial court's injunction preventing a housing cooperative from assessing carrying charges except in the proportionate shares specified in its occupancy agreement.
A cooperative's board of directors may increase the total amount of common expenses but cannot change the proportionate shares of individual members without amending the cooperative documents.
[1] A cooperative's board of directors may adjust the total amount of common expenses but cannot modify the proportionate shares of individual members without amending the co…
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Join FLexlaw to unlock all legal intelligence“No Member shall be charged with more than his proportionate shares.”
Language from the Occupancy Agreement limiting assessment authority
Bayshore Cooperative attempted to assess carrying charges for common expenses in a manner that deviated from the proportionate assessment method speci…
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BASKIN, Judge.
We affirm the decision of the trial court granting a final summary judgment and mandatory injunction enjoining appellant, Bayshore Cooperative, Inc., from assessing carrying charges for common expenses in a manner other than the proportionate assessment provided for in the cooperative documents, particularly the occupancy agreement.
The Occupancy Agreement provides for monthly charges “equal to one-twelfth of the Member’s proportionate share of the sum required by the Corporation, as estimated by its Board of Directors” and provides that “[n]o Member shall be charged with more than his proportionate shares. .” The cooperative documents may not be changed without amendment to the bylaws. See Pepe v. Whispering Sands Condominium Association, Inc., 351 So. 2d 755 (Fla.2d DCA 1977) and Thiess v. Island House Association, Inc., 311 So. 2d 142 (Fla.2d DCA 1975). Thus, the directors may change the total amount required to be paid, but they may not increase the size of the proportionate share to make all shares equal. See § 719.107(2), Fla.Stat. (1977).1
Affirmed.
. Section 719.107(2), Florida Statutes (1977), provides:
Funds for the payment of common expenses shall be collected by assessments against unit owners in the proportions or percentages of sharing common expenses provided in the cooperative documents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pepe v. Whispering Sands Condo. Ass'n, Inc., 351 So. 2d 755 (Fla. 2d DCA 1977)
- Thiess v. Island House Ass'n, Inc., 311 So. 2d 142 (Fla. 2d DCA 1975)