SUNSHINE VILLA APARTMENTS, INC., A DELAWARE CORPORATION, APPELLANT,
v.
ANN K. SNYDER, APPELLEE
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In this cooperative apartment dispute, the Fourth District Court of Appeal reversed the trial court's judgment granting occupancy rights to Snyder based merely on transfer of certificate of ownership and proprietary lease assignment. The court held that under the cooperative's bylaws, board of directors approval was required to obtain 'occupancy' or 'residency' membership, though the case became moot when the original member-transferor sold the unit to a third party whose occupancy rights were approved.
Under the cooperative's bylaws, transfer of a certificate of ownership and proprietary lease confers only 'equity' membership and does not entitle the transferee to 'occupancy' or 'residency' rights absent board of directors approval. The trial court erred in finding Snyder entitled to occupancy based solely on the transfer of these instruments.
[1] Occupancy rights in a cooperative unit are contingent upon the approval of the cooperative's Board of Directors, even when a certificate of ownership and proprietary leas…
[2] The transfer of a certificate of ownership and assignment of a proprietary lease in a cooperative apartment confers equity membership but does not automatically grant occ…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“pursuant to the bylaws of the corporate form cooperative the exchange of these instruments only conferred "equity" membership upon the appellee-Snyder and did not entitle her to "occupancy" rights or "residency" membership absent board of director approval”
Establishes the controlling legal rule that board approval is necessary for occupancy/residency membership regardless of transfer of ownership documents
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSunshine Villa Apartments, Inc. was a nonprofit corporation operating an 88-unit cooperative apartment. Appellee Snyder received a certificate of owne…
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PER CURIAM.
This appeal involves occupancy rights in a cooperative unit. Appellant, a nonprofit corporation, owned and operated an 88-unit cooperative apartment including the subject apartment. Appellee-Snyder occupied the cooperative unit in question pursuant to the transfer of a certificate of ownership made by appellee-Young. Appellant contended below that it was necessary for the Board of Directors of appellant to first approve the transferee in order for occupancy rights to be acquired.
The final judgment in favor of the appellees stated that appellees were entitled to occupy the cooperative unit in question because of the transfer of the certificate of ownership (representing membership in the corporation) and assignment of the proprietary lease.
However, pursuant to the bylaws of the corporate form cooperative the exchange of these instruments only conferred “equity” membership upon the appellee-Snyder and did not entitle her to “occupancy” rights or “residency” membership absent board of director approval which the record reflects was not granted. See Sunshine Villa Apartments, Inc. v. Haddad, 312 So. 2d 810 (Fla.App. 4th, 1975).
The final judgment which found for appellees was therefore erroneous. Whether or not Board of Director approval of appellee’s request for occupancy rights was improperly or unreasonably refused in this instance is moot in light of facts now appearing in the appellate record, i. e., appellee-Young no longer occupies the unit in question having transferred ownership to a third party whose occupancy rights appellant has approved. See 2 Fla.Jur., Appeals, § 291.
Accordingly, the final judgment is vacated and set aside and the cause remanded for such other proceedings as may be consistent herewith.
CROSS and MAGER, JJ„ and WALKER, WILLIAM L., Associate Judge, concur.
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Wolf Ridge Plastics, Inc. v. Jacksonville Elec. Auth., 388 So. 2d 1298 (Fla. 1st DCA 1980)…njunction on the grounds of mootness, since injunction ordinarily will not be ordered where it is impossible to prevent or enjoin that which has already occurred. 42 Am.Jur.2d, Injunctions, § 291, page 1089; Sunshine Villa Apartments Inc. v. Snyder, 335 So. 2d 841 (Fla. 4th DCA 1976). See also City of Coral Springs v. Florida National Properties Inc., 340 So. 2d 1271 (Fla. 4th DCA 1976), and Dick v. Drainage District No. 2, etc., 175 Kan. 267, 267 P. 2d 494 (1954). Dedmond v. Escambia County, supra, is disti…
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Burch v. Polynesian Villas Condo., Inc., 491 So. 2d 1264 (Fla. 4th DCA 1986)…of the complaint by the condominium association and the counterclaim by the unit owners because of mootness. The issue between the parties became moot when the counterclaimants ceased to be unit owners. See Sunshine Villa Apartments, Inc. v. Snyder, 335 So. 2d 841 (Fla. 4th DCA 1976) (issue, whether cooperative board’s refusal of consent to Snyder’s occupancy of cooperative unit was unlawful, mooted by Snyder’s transfer of unit to another). We affirm the trial court’s denial of attorney’s fees to appellants…
Authorities Cited
- Sunshine Villa Apts., Inc. v. Haddad, 312 So. 2d 810 (Fla. 4th DCA 1975)