OLYMPIAN WEST CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
ROBERT B. KRAMER, JACK BERGER, ARNOLD BERGER AND IRVING BERGER, APPELLEES
SCHWARTZ, Chief Judge.
We agree with the trial court that the principals of the corporate developer-builder who serve, pursuant to the designation of the developer, as directors of the condominium association prior to the assumption of control by the unit owners, are not personally liable in that latter capacity to the association for the existence of, or the failure to correct construction defects in the condominium building which are allegedly created by the developer itself. See Section 718.303(1)(c), Florida Statutes (1981). The decisions relied upon by the association, Avila South Condominium Assoc., Inc. v. Kappa Corp., 347 So. 2d 599 (Fla.1977), which involved the disgorging of profits secured through self-dealing by the directors at the expense of the association, and B & J Holding Corp. v. Weiss, 353 So. 2d 141 (Fla. 3d DCA 1977), in which the directors failed to comply with the duty to collect assessments imposed by the condominium law, Section 718.111(6), Florida Statutes (1981) are decisively distinguishable from this case, in which no cognizable breach of a common law, statutory, or contractual duty is alleged.
Affirmed.
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Arturo A. Munder & 444 Inverrary Corp. v. Circle ONE Condo., Inc., 596 So. 2d 144 (Fla. 4th DCA 1992)…ent/sole stockholder to personal liability absent some basis for piercing the corporate veil. No such basis has been alleged in the case at bar. Several courts have grappled with similar problems. In Olympian West Condominium Ass’n, Inc. v. Kramer, 427 So. 2d 1039 (Fla. 3d DCA), rev. denied, 438 So. 2d 833 (Fla.1983), the Third District held that the corporate developer-builder, serving as a director, of the condominium association prior to assumption of control by the unit owners, was not personally liable f…
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Pearce v. Sandler, 219 So. 3d 961 (Fla. 3d DCA 2017)…0 or as trustee of the Conrad Trusts in 2013, the real party in interest on each side remains the same. The samé issues are being litigated on the same notes, based on identical facts. See e.g., Olympian West Condominium Association, Inc. v. Kramer, 427 So. 2d 1039 (Fla. 3d DCA), rev. denied, 438 So. 2d 833 (Fla. 1983) (holding that the prior dismissal with prejudice of these named individuals bars the present action against them under familiar principles of res judicata, notwithstanding that in this action th…
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Sonny BOY, L.L.C. v. Bhagwan Asnani, 879 So. 2d 25 (Fla. 5th DCA 2004)…Condo. Ass’n, Inc. v. Kappa Corp., 347 So. 2d 599 (Fla.1977), held that a director guilty of self-dealing may be held liable to the association for the amount by which he or she was unjustly enriched. Olympian West Condominium Ass’n, Inc. v. Kramer, 427 So. 2d 1039 (Fla. 3d DCA 1983) held that developer-appointed directors are not personally liable to the association for the existence or failure to correct construction defects in the building caused by the developer. It states (rather [*34] tersely) that no br…
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- Avila S. Condo. Ass'n v. Kappa Corp., 347 So. 2d 599 (Fla. 1976)
- B & J Holding Corp. v. Weiss, 353 So. 2d 141 (Fla. 3d DCA 1977)