HELEN WOODS AND JAMES WOODS, APPELLANTS,
v.
CARPET RESTORATIONS, INC., A FLORIDA CORPORATION, AND NEWPORT AT LAUDERHILL ASSOCIATION, INC., A FLORIDA CORPORATION, APPELLEES
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A condominium association performing statutory duties is not a statutory employer immune from suit by an injured contractor's employee.
[1] A condominium association is not a statutory employer under section 440.10(1)(b), Florida Statutes, when it contracts with a professional company to perform duties mandat…
[2] A party cannot be a "contractor" and thus a statutory employer under section 440.10(1), Florida Statutes, unless that party has a contractual obligation, a portion of whi…
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Join FLexlaw to unlock all legal intelligenceAn employee of a company hired to manage a condominium was injured while working. The employee sued the condominium association, which claimed statuto…
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OWEN, WILLIAM C., Jr., Senior Judge.
We hold in this case that a condominium association which, in performing its statutory duty to manage and maintain the condominium property, enters into a contract with a professional company to perform certain of those duties, is not a statutory employer under section 440.10(l)(b), Florida Statutes (1991), such as to confer upon the condominium association immunity from suit by an injured employee of the contrac tor. We therefore reverse the summary judgment in favor of appellee-condominium association which so held.
The appellee-condominium association contracted with Sunvest Management Company to manage the condominium property. Appellant, Helen Woods, an employee of Sunvest assigned to work at the condominium, was injured while using a vacuum cleaner owned by the association. She and her husband brought this action against the association (and others). The trial court held the association was Mrs. Wood’s statutory employer and therefore immune from civil liability by virtue of section 440.11 Florida Statutes.
The concept of statutory employer, for worker’s compensation purposes, is that a contractor who sublets all or any part of its contract work is the employer not only of its own employees but also of the employees of any subcontractor to whom all or any part of the principal contract has been sublet. § 440.10(1), Fla. Stat. (1991). It is absolutely basic, therefore, that one cannot be a “contractor” (and thus a statutory employer) within the meaning of this statute unless the “contractor” has a contractual obligation, a portion of which is sublet to another. Jones v. Florida Power Corp., 72 So. 2d 285 (Fla. 1954).
The obligation of appellee-condomin-ium association to manage and maintain the condominium property does not arise out of a contract. Its duty is purely statutory, not contractual. While the trial court recognized that distinction in its well prepared order, it concluded that the case of Gator Freightways, Inc. v. Roberts, 550 So. 2d 1117 (Fla.1989), approving Roberts v. Gator Freightways, Inc., 538 So. 2d 55 (Fla. 1st DCA 1989) eliminated the requirement that the primary obligation of the “contractor” arise out of contract. We think that is not a proper construction of the holding in Gator Freightways, Inc. Rather, we think that case reemphasized the need for there to be an obligation to perform a contract. The holding in that case simply made clear that an entity which has a contract to perform, all or part of which is sublet to another, is not exempt from being a statutory employer under section 440.10 Florida Statutes merely because the service which it had contracted to furnish is regulated to some extent by statute. Here, unlike the factual situation in the cited case, there is no contract between the condominium owners and the condominium association which places on the association contractual obligations, the performance of which is regulated by statute. Instead, we have a statutory entity (the condominium association) created purely and simply to do for the owners what the owners may not do for themselves. The association fulfills its purpose, not because it has contracted to do so, but because by statute it is obligated to do so.
Appellee argues that Gator Freightways, Inc. v. Roberts, recognizes that the legislative purpose of section 440.10 is “to insure that a particular industry will be financially responsible for injuries to those employees working in it ...” and as thus applied to the instant case, condominium associations should be viewed as a part of the “property management industry” and consequently obligated to secure workers compensation not only to its own employees, but to the employees of every professional service group with which such association may contract to perform part of its duties. Without discussing all of the reasons why we find this argument untenable, we reject it first and foremost because we do not perceive statutorily created condominium associations as being a part of the “property management industry”, however that term might be otherwise defined. It boggles the mind to think of the ramifications of a condominium association becoming the statutory employer of every employee of the various organizations with which it might contract under section 718.-3025, Florida Statutes (1991) for operation, maintenance or management of the condominium.
The summary judgment for appellee-eon-dominium association finding it to be the statutory employer of appellant and thus immune under section 440.11 from civil action, is reversed and this cause remanded for further proceedings consistent hereof.
Reversed and remanded.
GLICKSTEIN, C.J., and DELL, J., concur.
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Citator
Cited By (17 total)
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The Miami Herald Publ'g v. Hatch, 617 So. 2d 380 (Fla. 1st DCA 1993)…“To be a contractor under this statute, one must have a contractual obligation to perform some work for another.” Acme Oil v. Vasatka, 465 So. 2d 1314, 1317 (Fla. 1st DCA 1985). See Motchkavitz, 407 So. 2d at 914; Woods v. Carpet Restorations, Inc., 611 So. 2d 1303 (Fla. 4th DCA 1992) (condomini [*383] um association’s management and maintenance obligation was “purely statutory” and not contractual, so that its contract with a property management company to perform certain of those statutory duties did not mak…
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Rabon v. INN OF Lake City, Inc., 693 So. 2d 1126 (Fla. 1st DCA 1997)…r section 440.10(l)(b), the statute requires that the contractor must sublet an obligation that is a part of a contract, express or implied in fact, and not an obligation purely imposed by statutory or common law. Woods v. Carpet Restorations, Inc., 611 So. 2d 1303 (Fla. 4th DCA 1992). Although neither party has directed us to a Florida case directly addressing the issue raised here, we read the language of section 440.10(l)(b) as an expression of legislative intent that the sublet work must be an obligation i…
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Antinarelli v. Ocean Suite Hotel & Nation Wide Ins. Co., 642 So. 2d 661 (Fla. 1st DCA 1994)…ion to a third party, a part of which obligation the entity has delegated or sublet to a subcontractor whose employee is injured.” Miami Herald Publishing v. Hatch, 617 So. 2d 380, 381 (Fla. 1st DCA 1993); Woods v. Carpet Restora [*663] tions, Inc., 611 So. 2d 1303 (Fla. 4th DCA 1992). For an entity such as Hotel to be regarded as a contractor, its “primary obligation in performing a job or providing a service must arise out of a contract.” Roberts v. Gator Freightways, Inc., 538 So. 2d 55, 57 (Fla. 1st DCA),…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jones v. Fla. Power Corp., 72 So. 2d 285 (Fla. 1954)
- Gator Freightways, Inc. v. Roberts, 550 So. 2d 1117 (Fla. 1989)
- Roberts v. Gator Freightways, Inc., 538 So. 2d 55 (Fla. 1st DCA 1989)