NATE TRACHSEL, APPELLANT,
v.
S.C.K.W., INC., ETC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A lot owner who benefits from common area maintenance is obligated to contribute to the expenses, even if they do not participate in a rental pool.
Trachsel, a lot owner at Kon Tiki Resort, uses the common area facilities but refused to contribute to their maintenance costs. S.C.K.W., Inc. maintai…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
Appellant Nate Trachsel, who was defendant below, appeals an adverse final judgment.
Trachsel is a lot owner at the Kon Tiki Resort, which consists of a group of individually-improved lots, and common areas, located in Monroe County, Florida. Tra-chsel owns two individual lots and has, at present, a one-tenth interest in the common areas as tenant in common with the other lot owners. Appellee S.C.K.W., Inc. performs the maintenance and repair of the common areas for the benefit of the tenants in common. The expenses include a portion of the on-site managers’ salary, as well as out-of-pocket expenditures for maintenance, insurance, and taxes.*
Trachsel resides full-time in one unit and rents his other unit to guests. Trachsel and his tenants use the various facilities at Kon Tiki and derive benefit therefrom. Trachsel asserts, however, that he is not obliged to make any contribution toward the expenses of maintaining the common area.
We entirely agree with the trial court’s conclusion to the contrary and affirm the judgment in S.C.K.W.’s favor. See Spikes v. Spikes, 396 So. 2d 1192 (Fla. 2d DCA 1981); Mintz v. Ellison, 233 So. 2d 156, 157 (Fla. 3d DCA 1970). We also conclude that there is substantial competent evidence in the record to support the amount awarded.
Affirmed.
*
The remainder of the manager's salary, and other expenses, are incurred to operate a rental pool for rental of unit owners' properties. Tra-chsel does not participate in the rental pool and S.C.K.W. has not sought to assess him for those expenses.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Martinez-Cid v. Recy Martinez-Cid, 559 So. 2d 1177 (Fla. 3d DCA 1990)…pare for self-support with the six years of rehabilitative alimony the court ordered the husband to pay. At the end of the rehabilitation period, the wife may petition the court for an extension of rehabilitative alimony, if necessary. Mann v. Mann, 555 So. 2d 1293 (Fla. 3d DCA 1990). We find, however, that the trial court erred in failing to require the husband to pay all the wife’s attorney's fees and costs.1 Attorney’s fees should be paid by the party who has a superior financial ability to pay. Canakaris;…
-
Sinclair v. Sinclair, 594 So. 2d 807 (Fla. 3d DCA 1992)…s. Sinclair “to deplete her capital assets in order to maintain her standard of living is wrong as a matter of law.” DeCenzo v. DeCenzo, 433 So. 2d 1316, 1318 (Fla. 3d DCA 1983); Hanks v. Hanks, 553 So. 2d 340, 343 (Fla. 4th DCA 1989); Mann v. Mann, 555 So. 2d 1293 (Fla. 3d DCA 1990). For these reasons, we reverse the equitable distribution scheme and the alimony award and remand for the trial court’s reconsideration. Noah v. Noah, 491 So. 2d 1124 (Fla.1986); Mayers v. Mayers, 575 So. 2d 321 (Fla. 3d DCA 1991)…
-
Leone v. Leone, 577 So. 2d 587 (Fla. 3d DCA 1990)…ties’ daughter, who suffers from a seizure disorder. When the minor child reaches majority, the wife will be fifty-two years old. Therefore, I believe that, as a matter of law, the wife is entitled to an award of permanent alimony. See Mann v. Mann, 555 So. 2d 1293 (Fla. 3d DCA 1990) (where record demonstrated that wife would not be able to attain standard of living enjoyed during marriage, permanent, rather than rehabilitative alimony required); Halberg v. Halberg, 519 So. 2d 15 (Fla. 3d DCA 1987) (same); Gre…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mintz v. Ellison, 233 So. 2d 156 (Fla. 3d DCA 1970)
- Sanders v. State, 396 So. 2d 1192 (Fla. 2d DCA 1981)
- Spikes v. Spikes, 396 So. 2d 1192 (Fla. 2d DCA 1981)