BRICKELL BISCAYNE CORPORATION, APPELLANT,
v.
THE PALACE CONDOMINIUM ASSOCIATION, APPELLEE
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Brickell Biscayne Corporation, the developer-owner of 65 condominium units, appealed a judgment requiring it to pay a special assessment levied by the Palace Condominium Association to finance litigation against the developer for construction defects. The court affirmed, holding that developers who own units must pay assessments like any other unit owner, even when the assessment funds litigation against them.
A developer who owns condominium units must pay assessments levied by the condominium association like any other unit owner, even when the purpose of the assessment is to finance legal action against the developer. The developer's belated argument that some assessment expenses should not be charged to it because they relate to non-common-element defects was not addressed because it was raised for the first time on appeal.
[1] A condominium developer who owns units is obligated to pay assessments levied by the condominium association, even if the assessment is for litigation against the develop…
[2] A condominium association may levy special assessments against all unit owners, including the developer, to finance litigation concerning construction defects.
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Join FLexlaw to unlock all legal intelligence“a developer who owns condominium units is required to pay assessments levied by the condominium association as is any other unit owner, even when the purpose of the assessment is to finance legal action against the developer”
States the core holding that developers have the same assessment obligations as other unit owners, regardless of litigation against them
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Join FLexlaw to unlock all legal intelligenceBrickell Biscayne Corporation owned 65 of 254 units at the Palace Condominium. The condominium association levied a special assessment against all uni…
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DANIEL S. PEARSON, Judge.
In this appeal, Brickell Biscayne Corporation, the owner of 65 of the 254 units at the Palace Condominium, contends that its status as the defendant-developer in a lawsuit brought by the association for construction defects relieves it of any obligation to pay the special assessment levied against all unit owners by the appellee condominium association to finance the litigation. On cross-motions for summary judgment, the trial court, although recognizing the irony of making the developer finance litigation against itself, correctly found Brickell Biscayne liable for the assessment under Brooks v. Palm Bay Towers Condominium Association, Inc., 375 So. 2d 348 (Fla. 3d DCA 1979), appeal after remand, 466 So. 2d 1071 (Fla. 3d DCA 1984); Century 21 Commodore Plaza, Inc. v. Commodore Plaza at Century 21 Condominium Association, Inc., 340 So. 2d 945 (Fla. 3d DCA 1977); and Margate Village Condominium Association, Inc. v. Wilfred, Inc., 350 So. 2d 16 (Fla. 4th DCA 1977).
These cases clearly establish that a developer who owns condominium units is required to pay assessments levied by the condominium association as is any other unit owner, even when the purpose of the assessment is to finance legal action against the developer. In a belated attempt to avoid the adverse impact of these cases, the developer claims on appeal for the first time that some portion of the assessment may be attributable to the expense of the litigation concerning defects to other than common elements and thus cannot be charged to it without unconstitutionally impairing its decision to opt out of the plaintiff class in the action brought by the association. We decline to address the merits of this claim because it was never raised by the pleadings or presented to the trial court for ruling. It is axiomatic that this court will not address arguments or claims made for the first time on appeal. Cowart v. City of West Palm Beach, 255 So. 2d 673 (Fla.1971); Mariani v. Schleman, 94 So. 2d 829 (Fla.1957); Jones v. Neibergall, 47 So. 2d 605 (Fla.1950); Financial Venture Consultants, Inc. v. North Shore Realty Corp., 218 So. 2d 506 (Fla.3d DCA 1969).
Affirmed.
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Cited By
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Gonzalo R. Lage v. PAN Am. Bank, 529 So. 2d 1242 (Fla. 3d DCA 1988)…NCNB substantially complied with the statute. These issues were not raised in the trial court; we, therefore, decline to consider them. Riano v. Burchfield, 512 So. 2d 1121 (Fla. 3d DCA 1987); see Brickell Biscayne Corp. v. Palace Condominium Ass’n, 526 So. 2d 982 (Fla. 3d DCA 1988).…
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Woodfield v. Pace, 566 So. 2d 949 (Fla. 4th DCA 1990)…d.2d 782 (1990). We reject appellants’ arguments based on Kwatcher v. Massachusetts Serv. Emp. Pension Fund, 879 F. 2d 957 (1st Cir.1989), because they are raised for the first time on appeal. See Brickell Biscayne Corp. v. Palace Condominium Ass’n, 526 So. 2d 982 (Fla. 3d DCA 1988). DELL and WALDEN, JJ., concur. GLICKSTEIN, J., concurs specially with opinion.…
Authorities Cited
- Mariani v. Schleman, 94 So. 2d 829 (Fla. 1957)
- Cowart v. City OF W. Palm Beach, 255 So. 2d 673 (Fla. 1971)
- Woulard v. State, 340 So. 2d 945 (Fla. 4th DCA 1976)
- Brooks v. Palm BAY Towers Condo. Ass'n, Inc., 375 So. 2d 348 (Fla. 3d DCA 1979)
- Margate Vill. Condo. Ass'n, Inc. v. Wilfred, Inc., 350 So. 2d 16 (Fla. 4th DCA 1977)
- Palm BAY Towers Corp. v. Brooks, 466 So. 2d 1071 (Fla. 3d DCA 1984)
- Fin. Venture Consultants, Inc. v. N. Shore Realty Corp., 218 So. 2d 506 (Fla. 3d DCA 1969)