SHARON FOWLER, APPELLANT,
v.
PARADISE LAKES CONDOMINIUM ASSOCIATION, INC., APPELLEE
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Sharon Fowler, a visually impaired tenant with a service dog, sued her condominium association for violating fair housing laws when it demanded she remove her Labrador Retriever service animal or vacate the unit. The trial court dismissed her complaint with prejudice, but the appellate court reversed, holding that dismissal with prejudice was improper without allowing amendment.
The court reversed the dismissal with prejudice, holding that although the trial court could grant the motion to dismiss based on the bare allegations in the complaint, it lacked discretion to dismiss with prejudice because this was Ms. Fowler's first complaint and she had not yet had an opportunity to amend it.
[1] A condominium association may violate the Fair Housing Act by demanding proof of a tenant's disability and need for a service animal beyond what is reasonably necessary.
[2] A trial court may not dismiss a complaint with prejudice when it is the plaintiff's first complaint and the defendant has only filed a motion to dismiss.
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Join FLexlaw to unlock all legal intelligence“The trial court did not have discretion to dismiss the action with prejudice.”
Establishes the core holding that dismissal with prejudice was improper under the circumstances.
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Join FLexlaw to unlock all legal intelligenceMs. Fowler, who is visually impaired, rented a condominium unit at Paradise Lakes in August 2012 with her Labrador Retriever service animal obtained t…
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Sharon Fowler appeals the trial court’s order dismissing her complaint against Paradise Lakes Condominium Association, Inc. We reverse.
According to the complaint, Ms. Fowler is visually impaired. She has a Labrador Retriever as a service animal. She rented a condominium unit at Paradise Lakes in August 2012. Her landlord was the unit owner, and he is not a party to this action.
After Ms. Fowler occupied the unit, the Association sent a letter to her landlord, as a unit owner, notifying him that the Labrador was an oversized pet in violation of the Association’s rules and regulations. The Association told him to “address this issue immediately.” Allegedly, the landlord informed Ms. Fowler that she must either give up the service dog or move from the unit.
In response, she provided documentation to her landlord, which she believes he gave to the Association. The documentation included her agreement with Southeastern Guide Dogs, Inc., by which she obtained possession of the Labrador. About two weeks later, Ms. Fowler checked with the Association’s manager who demanded further proof of her disability and need for a service animal. Ms. Fowler apparently provided no additional *577proof, and the Association did not withdraw its notice that the landlord was in violation of the regulations.
At this point of stalemate, Ms. Fowler filed her complaint. In her complaint, she claims that the Association has violated the Federal Fair Housing Act, 42 U.S.C. § 3604, and section 413.08, Florida Statutes (2012) (defining the “[r]ights of an individual with a disability; use of a service animal; discrimination in public employment or housing accommodations; penalties”). She seeks declaratory relief as well as monetary damages. The Association responded with a motion to dismiss, claiming that the complaint failed to state a cause of action because it failed to allege certain facts and because the Association never notified Ms. Fowler that she could not reside in the unit.
The trial court granted the motion to dismiss. In view of the bare allegations of the complaint, the order properly granted a dismissal. However, this complaint was Ms. Fowler’s first complaint, and the Association had only filed a motion to dismiss. The trial court did not have discretion to dismiss the action with prejudice. See Williams v. Gaffin Indus. Servs., Inc., 88 So.3d 1027, 1030 (Fla. 2d DCA 2012) (“[A] trial court does not have discretion to deny leave to amend on the basis that the complaint is not amendable until (1) the defendant has filed an answer or (2) the plaintiff has already exercised the right to amend once.”). Accordingly, we reverse to give Ms. Fowler the option to file an amended complaint.
Reversed and remanded.
LaROSE and MORRIS, JJ., Concur.
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Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014)…Amend Lastly, we address the trial court’s denial of the Association’s motion for leave to amend its Complaint. We find that the trial court did not have discretion to deny the Association leave to amend. See Fowler v. Paradise Lakes Condo. Ass’n, 133 So. 3d 576 (Fla. 2d DCA 2014) (reversing dismissal of complaint with prejudice; “[A] trial court does not have discretion to deny leave to amend on the basis that the complaint is not amendable until (1) the defendant has filed an answer or (2) the plaintiff h…
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