MARIA T. THORNHILL, APPELLANT,
v.
ADMIRAL FARRAGUT CONDOMINIUM APARTMENTS ASSOC., INC., ET AL., APPELLEES
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A condominium unit owner appealed a judgment upholding the condominium association's authority to manage dock rental facilities. The court affirmed, holding that the condominium declaration expressly authorized dock rentals and that upon expiration of the initial manager's contract, the association could assume management responsibilities without requiring a new vote by unit owners.
The condominium declaration expressly authorizes the rental of docking facilities. While the declaration conferred initial management rights on Robert Madison Company, Inc., upon expiration of that company's rights, the association was free to assume responsibility for managing those rentals without requiring a further vote of unit owners.
[1] A condominium declaration may expressly authorize the rental of docking facilities as a common element.
[2] Upon the expiration of a designated entity's management rights for dock rentals, a condominium association may assume responsibility for managing those rentals.
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Join FLexlaw to unlock all legal intelligence“the condominium declaration expressly authorizes the rental of the docking facilities”
States the core holding that the declaration permits dock rentals
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Join FLexlaw to unlock all legal intelligenceThe condominium declaration granted Robert Madison Company, Inc. the sole right and responsibility to assign docking facilities in common elements and…
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PER CURIAM.
This is an appeal of a partial final judgment in an action for declaratory and other relief brought by the appellant owner of a condominium unit against the appellee condominium association and other defendants. Assuming for purposes of diseussion that there is no bar of res judicata or collateral estoppel against the appellant’s claim, we conclude that the condominium declaration expressly authorizes the rental of the docking facilities. As we view the matter, the condominium declaration conferred the right on Robert Madison Company, Inc. to be the initial manager of dock rentals, but upon expiration of that company’s management rights, the association was free to take over responsibility for management of those rentals itself. See Rosso v. Golden Surf Towers Condo. Assoc., 651 So. 2d 787 (Fla. 4th DCA 1995). We reject appellant’s claim that there was any infirmity in the condominium declaration or any requirement-that upon the expiration of the rights of Robert Madison Company, Inc., that there be a further vote of the unit owners.
Affirmed.*
*
The parties agree that the docking facilities are a common element. The condominium declaration states, in part:
b. It shall be the sole right and responsibility of Robert Madison Company, Inc., its successors or assigns to assign docking facilities in the common elements and common areas to such apartment owners as said corporation may in its discretion provide. Said docking facilities shall be rented to such apartment owners at a rental price not to exceed $1.50 per foot per month and all of the proceeds of such rentals shall be payable to the condominium association for its own use and benefit.
c. The Association shall employ Robert Madison Company, Inc. for the term of ten (10) years with option to renew said employment for the purpose of managing and maintaining the common elements and areas as heretofore provided in this paragraph 5.3.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rosso v. Golden Surf Towers Condo. Ass'n & Max Garlin, 651 So. 2d 787 (Fla. 4th DCA 1995)