ALL SEASONS CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
EDUARDO BUSCA AND FLOR D. BUSCA, HIS WIFE, APPELLEES
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Florida appellate court reversed the trial court's appointment of a receiver for a condominium association in a maintenance dispute, holding that receivership is not an available remedy absent fraud, self-dealing, or waste of a secured asset.
A receiver cannot be appointed for a condominium association in a suit for damages arising from alleged failure to maintain common elements absent fraud, self-dealing, or waste of a secured asset.
[1] A receiver may not be appointed for a condominium association in a suit for damages for alleged failure to maintain common elements absent fraud, self-dealing, or waste o…
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Join FLexlaw to unlock all legal intelligenceUnit owners sued the condominium association for money damages based on the association's alleged failure to properly maintain and repair common eleme…
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In a suit by the owners of condominium units against the association for money damages arising out of the latter’s alleged failure properly to maintain and repair the common elements, see All Seasons Condo. Ass’n v. Busca, 985 So.2d 1143 (Fla. 3d DCA 2008)(reversing summary judgment for plaintiffs), the trial court appointed a receiver for the association, apparently in order to conduct that process more efficiently. See also Busca v. All Seasons Condo. Ass’n, 983 So.2d 1212 (Fla. 3d DCA 2008)(affirming denial of motion for receiver). The association appeals and we reverse with directions to vacate the order because there is simply no cognizable basis for such an appointment in such a case. Akers v. Corbett, 138 Fla. 730, 190 So. 28 (1939)(appointment of receiver must be pursuant and subsidiary to primary claim); County Nat'l Bank of N. Miami Beach v. Stern, 287 So.2d 106 (Fla. 3d DCA 1973)(same); Apalachicola N. R.R. Co. v. Sommers, 79 Fla. 816, 85 So. 361 (1920)(appointment of a receiver improper in absence of fraud, self dealing, or waste of secured asset); McAllister Hotel v. Schatzberg, 40 So.2d 201 (Fla.1949) (same); Conlee Constr. Co. v. Krause, 192 So.2d 330 (Fla. 3d DCA 1966) (same).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Metro-Dade Invs. v. Granada Lakes Villas Condo., Inc., 74 So. 3d 593 (Fla. 2d DCA 2011)…sections 617.1432, 718.117, and 718.1124 specifically limit when a receiver can be appointed for a nonprofit condominium association like GLVCA. Granada Lakes also argues that the Third District’s decision in All Seasons Condominium Ass’n v. Busca, 8 So. 3d 434 (Fla. 3d DCA 2009), which involved an action brought by the owners of condominium units against a condominium associa [*595] tion for money damages arising out of the association’s failure to properly maintain and repair common elements, is analogou…
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Granada Lakes Villas Condo. Ass'n, Inc. v. Metro-Dade Invs. Co., 125 So. 3d 756 (Fla. 2013)…d. POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur. . We have jurisdiction based on express and direct conflict with the Third District Court of Appeal's decision in All Seasons Condominium Ass’n, Inc. v. Busca, 8 So. 3d 434 (Fla. 3d DCA 2009). See art. V, § 3(b)(3), Fla. Const. . We review pure questions of law de novo. S. Baptist Hosp. of Fla., Inc. v. Welker, 908 So. 2d 317, 319 (Fla.2005).…
Authorities Cited
- Storey Mountain, LLC v. Freestone Enter., LLC (Fla. 1st DCA 2023)
- Apalachicola N. R.R. Co. v. Sommers, 79 Fla. 816 (Fla. 1920)
- Anne Mattison Akers v. Corbett, 138 Fla. 730 (Fla. 1939)
- Busca v. ALL Seasons Condo. Ass'n, Inc., 983 So. 2d 1212 (Fla. 3d DCA 2008)
- McGEE v. State, 983 So. 2d 1212 (Fla. 5th DCA 2008)
- Conlee Constr. Co. v. Sylvan B. Krause, 192 So. 2d 330 (Fla. 3d DCA 1966)
- Cnty. Nat'l Bank OF N. Miami Beach v. Edythe L. Stern, 287 So. 2d 106 (Fla. 3d DCA 1973)
- ALL Seasons Condo. Ass'n, Inc. v. Busca, 985 So. 2d 1143 (Fla. 3d DCA 2008)
- Yali Golan v. Puleo, 985 So. 2d 1143 (Fla. 3d DCA 2008)