PALMA DEL MAR CONDOMINIUM ASSOCIATION #5 OF ST. PETERSBURG, INC., ETC., PETITIONER,
v.
COMMERCIAL LAUNDRIES OF WEST FLORIDA, INC., ETC., RESPONDENT

Fla. | 1991-08-15
No. 76167
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur,
586 So. 2d 315 Florida Supreme Court (1991) Positive Treatment
Cited by 20 cases

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.

Synopsis

The Florida Supreme Court held that section 718.3025, Florida Statutes, governing contracts for condominium maintenance and management services, does not apply to coin-operated laundry leases and similar vendor contracts. The Court approved the Second District Court of Appeal's decision and disapproved the Third District's conflicting interpretation in Wash-Bowl, relying on subsequent legislative clarification and principles of contract freedom.


Holding

Section 718.3025 does not apply to contracts for coin-operated laundry services and similar vendor contracts. The statute applies only to contracts for operation, maintenance, and management of the entire condominium complex, not to contracts for services made available for the convenience of unit owners by lessees or licensees.


Headnotes

[1] Statutes governing condominium association contracts for operation, maintenance, or management do not apply to contracts for services such as coin-operated laundries.

[2] Subsequent legislation clarifying the intent of a previously enacted statute may be considered by courts to determine the original legislative intent.

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Key Quotes

“We do not believe that in enacting section 718.3025, the legislature envisioned that section would apply to coin-operated laundry, food, soft drink, telephone, or other similar vendors. The statute plainly was directed to contracts involving the operation, maintenance, and management of the entire condominium complex and not to contracts involving the operation of laundry equipment installed for the benefit of the condominium owners.”

The court's reasoning that the statute does not apply to vendor service contracts, establishing the plain language interpretation supporting the Second District's decision.

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Facts & Procedural History

Commercial Laundries entered into a lease with Palma Del Mar Condominium Association for laundry space and performed all lease obligations. In 1988, t…

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Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

We have for review Commercial Laundries, Inc. v. Palma Del Mar Condominium Association #5, 561 So. 2d 1233 (2d DCA 1990), in which the Second District Court of Appeal held that section 718.3025, Florida Statutes (1985), entitled “Agreements for operation, maintenance, or management of condominiums” did not apply to contracts for services such as coin-operated laundries. The district court certified conflict with Wash-Bowl Vending Co. v. No. 3 Condominium Association, Village Green, 485 So. 2d 1307 (Fla. 3d DCA 1986).1 For the reasons expressed, we approve the decision of the district court in this case and disapprove the Third District Court of Appeal’s decision in Wash-Bowl.

The record reflects that Commercial Laundries of West Florida (Commercial) entered into a lease for laundry space with the Palma Del Mar Condominium Association (Condominium Association), and it performed all of the conditions required by the lease. In 1988, Condominium Association filed a declaratory judgment action, asserting that the lease was unenforceable and that Commercial was not entitled to use the laundry space at the condominium complex because the lease did not comply with the provisions of section 718.3025, Florida Statutes.2 Condominium Association asserted that the Third District Court of Appeal’s decision in Wash-Bowl, construing section 718.3025 to apply to laundry-space leases, controlled in this situation. The trial court agreed and granted Condominium Association’s motion for summary judgment, finding Commercial’s lease unenforceable because its terms failed to meet the minimum requirements set forth in the statute.

On appeal, the Second District Court of Appeal expressly disagreed with the result reached by the Third District Court of Appeal in Wash-Bowl, explaining:

We do not believe that in enacting section 718.3025, the legislature envisioned that section would apply to coin-operated laundry, food, soft drink, telephone, or other similar vendors. The statute plainly was directed to contracts involving the operation, maintenance, and management of the entire condominium complex and not to contracts involving the operation of laundry equipment installed for the benefit of the condominium owners.

561 So. 2d at 1234. The district court noted that in 1986 the legislature clarified section 718.3025 by explaining, in subsection (4), that it was not to apply to contracts for services such as coin-operated laundries.

In Wash-Bowl, the Third District Court of Appeal recognized that there were no cases interpreting section 718.3025; however, it concluded that laundry-space leases fell under the statute’s purview because “the language ‘property serving the unit owners’ covers washers and dryers which are available for use by all owners.” 485 So. 2d at 1310. After the Wash-Bowl decision, the legislature enacted chapter 86-175, Laws of Florida, clarifying section 718.3025, Florida Statutes, by adding the following language:

(4) Notwithstanding the fact that certain vendors contract with associations to maintain equipment or property which is made available to serve unit owners, it is the intent of the Legislature that this section applies to contracts for maintenance or management services for which the association pays compensation. This section does not apply to contracts for services or property made available for the convenience of unit owners by les sees or licensees of the association, such as coin-operated laundry, food, soft drink, or telephone vendors; cable television operators; retail store operators; businesses; restaurants; or similar ven-J dors.

§ 718.3025(4), Fla.Stat. (Supp.1986) (emphasis added).

The legislature has the authority to explain its original intent, and did so in this instance, without modifying the original wording of section 718.3025. We have previously said that courts may consider subsequent legislation to determine the intended result of a previously enacted statute. See Ivey v. Chicago Ins. Co., 410 So. 2d 494 (Fla.1982); Gay v. Canada Dry Bottling Co., 59 So. 2d 788 (Fla.1952). Consequently, it is appropriate for this Court to consider chapter 86-175, Laws of Florida, particularly since there had been a judicial interpretation after the original enactment of section 718.3025 which the legislature believed was contrary to its original intent,

We hold that the interpretation of the statute by the Second District in the instant case is correct. The statute as construed by Condominium Association restricts the right to contract in certain circumstances. The statute limits the right to contract; it does not create a vested right. Assuming that both district courts’ interpretations are reasonable, given the language of the statute, the interpretation that should be applied is the one that least restricts the right to contract. This is necessary in order to give proper recognition to the constitutional prohibition against the impairment of contracts.3

We find that the interpretation of the Second District is a more reasonable interpretation of the statute even without the legislature’s subsequent clarification. Accordingly, we approve the decision of the district court in this cause and disapprove the decision of the Third District Court of Appeal in Wash-Bowl.

It is so ordered.

SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur,

. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. . Section 718.3025, Florida Statutes (1985), provides:

(1)No written contract between a party contracting to provide maintenance or management services and an association which contract provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be valid or enforceable unless the contract:
(a) Specifies the services, obligations, and responsibilities of the party contracting to provide maintenance or management services to the unit owners.

(b) Specifies those costs incurred in the performance of those services, obligations, or responsibilities which are to be reimbursed by the association to the party contracting to provide maintenance or management services.

(c) Provides an indication of how often each service, obligation, or responsibility is to be performed, whether stated for each service, obligation, or responsibility or in categories thereof.

(d) Specifies a minimum number of personnel to be employed by the party contracting to provide maintenance or management services for the purpose of providing service to the association.

(e) Discloses any financial or ownership interest which the developer, if the developer is in control of the association, holds with regard to the party contracting to provide maintenance or management services.

(2) In any case in which the party contracting to provide maintenance or management services fails to provide such services in accordance with the contract, the association is authorized to procure such services from some other party and shall be entitled to collect any fees or charges paid for service performed by another party from the party contracting to provide maintenance or management services.

(3) Any services or obligations not stated on the face of the contract shall be unenforceable.

. U.S. Const, art. I, § 10.


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Citator

Cited By (11 total)

  • ….” Metro. Dade County v. Chase Fed. Housing Corp., 737 So. 2d 494, 502 (Fla.1999) (emphasis supplied) (quoting Lowry v. Parole and Probation Comm’n, 473 So. 2d 1248, 1250 (Fla.1985)); see also Palma Del Mar Condo. v. Commercial Laundries of W. Fla., 586 So. 2d 315, 317 (Fla.1991) (holding that courts may properly consider subsequent legislation to determine the intent of a previously enacted statute, particularly after “a judicial interpretation [of] the original enactment ... which the legislature believed w…
  • Ira FOX v. McCAW Cellular Commc'ns OF Fla., Inc., 745 So. 2d 330 (Fla. 4th DCA 1998)
    …be applied is the one that least restricts the right to contract. This is necessary in order to give proper recognition to the constitutional prohibition against the impairment of contracts. Palma Del Mar Condominium Ass’n v. Commercial Laundries, 586 So. 2d 315, 317 (Fla.1991). Applying the rationale of Pal-ma Del Mar to the present case, I would interpret good faith to exclude nominal offers, because that interpretation would be most favorable to the constitutional right of access to the courts.…
  • State v. Brigham, 694 So. 2d 793 (Fla. 2d DCA 1997)

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