COMMODORE PLAZA AT CENTURY 21 CONDOMINIUM ASSOCIATION, INC., A NON-PROFIT CORPORATION, APPELLANT,
v.
SAUL J. MORGAN ENTERPRISES, INC., ET AL., APPELLEES
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A condominium association appealed the dismissal of its multi-count complaint against the developer and its officers, alleging improper acts including illegal sales/rentals of common elements and breaches of fiduciary duty. The court affirmed the dismissals, holding that the association lacked standing to bring a quiet title action regarding common elements owned by unit owners, and that other counts were properly dismissed for failure to state a claim or join an indispensable party.
The court held that the condominium association lacked standing to bring a quiet title action because the common elements are owned by the individual unit owners as undivided shares appurtenant to their units, not by the association. The dismissals of counts 8-18 for breach of fiduciary duty were proper under applicable precedent, and the dismissal of count 19 was proper due to failure to join an indispensable party.
[1] A condominium association lacks standing to bring a suit to quiet title to the common elements of the condominium project.
[2] The common elements of a condominium are owned by the condominium unit owners as an undivided share appurtenant to the condominium units.
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Join FLexlaw to unlock all legal intelligence“A proper party to a suit to quiet title is one who claims to be the real or beneficial owner of the property.”
Establishes the requirement for standing in quiet title actions and forms the basis for finding the association lacked standing.
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Join FLexlaw to unlock all legal intelligenceCommodore Plaza at Century 21 Condominium Association, a non-profit corporation formed under Florida law, filed a complaint against Saul J. Morgan Ent…
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PER CURIAM.
Plaintiff-appellant seeks review of an order dismissing the first seven counts of its amended complaint with prejudice and the remaining counts without prejudice.
Plaintiff-appellant is a condominium association formed pursuant to Chapter 711, Florida Statutes. The corporate appellee Saul J. Morgan Enterprises, Inc., is the developer and seller of the subject condominium complex. The individual appellees Saul Morgan, David Morgan and Norman Cohen are officers, stockholders and directors of the defendant corporation and by virtue thereof were made the initial officers of the condominium association. The plaintiff-appellant filed a multi-count amended complaint against the appellees and alleged therein that certain acts of the corporate and individual appellees were improper. Upon motion of the appellees, counts 1-7 of the complaint were dismissed with prejudice and the remaining counts 8-19 were dismissed without prejudice. This appeal is from that order. Counts 1-7 of the amended complaint, which were dismissed with prejudice, sought relief for the alleged illegal sale and/or rental of alleged portions of the common elements of the condominium project. The trial judge found that the plaintiff condominium association lacked standing to bring this type of action.
We agree. In essence the plaintiff in these first seven counts is seeking to quiet title to the subject property. A proper party to a suit to quiet title is one who claims to be the real or beneficial owner of the property. See Chapter 65, Florida Statutes. The common elements of a condominium are owned by the condominium unit owners as an undivided share appurtenant to the condominium units. See §§ 711.03(7), 711.04, Fla.Stat., F.S.A.
Thus, we find that the trial judge was correct in his determination that the plaintiff condominium association has no standing either in a representative capacity or as the real party in interest to bring a suit to quiet title to the common elements of the condominium project. Cf. Hendler v. Rogers House Condominium, Inc., Fla.App.1970, 234 So. 2d 128.
Counts 8-18 of the amended complaint, which were dismissed without prejudice, basically allege that the individual defendants occupied fiduciary relationships with the condominium association as its officers and that they breached that fiduciary relationship by failing to act in good faith with respect to the execution of a 99 year lease of the recreation area at the condominium wherein the plaintiff is the lessee. The dismissal of these counts was proper under the authority of Fountainview Association, Inc. v. Bell, Fla.App.1967, 203 So. 2d 657.
Last, we are in accord with the dismissal of count 19 of the complaint by the trial judge for failure to join 39 Cortland Associates, Inc. which is an indispensable party to the action.
Accordingly, the order of dismissal herein appealed is affirmed.
Affirmed.
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Wittington Condo. Apts., Inc. v. Braemar Corp., 313 So. 2d 463 (Fla. 4th DCA 1975)…ion had standing to assert the cause of action pleaded in the complaint. Rubenstein v. Burleigh House, Inc., Fla.App. [*470] 1974, 305 So. 2d 311; Commodore Plaza At Century 21 Condominium Association, Inc. v. Morgan Enterprises, Inc., Fla.App.1974, 301 So. 2d 783; Hendler v. Rogers House Condominium, Inc., Fla.App. 1970, 234 So. 2d 128. I also believe that on remand it would seem appropriate to eliminate the asserted class action by appellant Victor Matthews since the condominium association will be represe…1 / 2
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Burleigh House Condo., Inc. v. Buchwald, 368 So. 2d 1316 (Fla. 3d DCA 1979)…Court of Appeal in Wechsler v. Goldman, supra, Plaza del Prado Condominium Association, Inc. v. GAC Properties, Inc., 295 So. 2d 718 (Fla. 3d DCA 1974); Commodore Plaza at Century 21 Condominium Association, Inc. v. Saul J. Morgan Enterprises, Inc., 301 So. 2d 783 (Fla. 3d DCA 1974). In the instant case, by denying defendants’ motion to dismiss, the trial court recognized that the complaint stated a cause of action. The holding of the trial court that such cause of action presented by the complaint, for dama…
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Rubenstein v. Burleigh House, Inc., 305 So. 2d 311 (Fla. 3d DCA 1974)…ouse Condominium, Inc., Fla.App.1970, 234 So. 2d 128; Gable v. Silver, Fla.App.1972, 258 So. 2d 11, cert. discharged, Fla.1972, 264 So. 2d 418; Commodore Plaza at Century 21 Condominium Ass’n, Inc. v. Saul J. Morgan, Enterprises, Inc., Fla.App.1974, 301 So. 2d 783. The trial court granted the motion, but permitted the plaintiff twenty (20) days in which to file an amended complaint. Thereafter, the amended complaint now at issue was filed, re-alleging the same material legal claims, but adding as a party pl…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Freddy J. Hendler v. The Rogers House Condo., 234 So. 2d 128 (Fla. 4th DCA 1970)
- Fountainview Ass'n, Inc. v. Bell, 203 So. 2d 657 (Fla. 3d DCA 1967)