MARGATE VILLAGE CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
WILFRED, INC., A FLORIDA CORPORATION, APPELLEE
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The court affirmed a final judgment for plaintiffs, ordering the defendant condominium association to provide a purchaser or buy the plaintiffs' apartment after the association rejected a prospective buyer based on an age restriction.
The court affirmed the trial court's order for specific performance, compelling the defendant condominium association to provide a purchaser or buy the plaintiffs' apartment.
[1] A condominium association has standing to bring suit against a developer-lessor to test the validity of a recreation lease.
[2] A unit owner is subject to the same assessments as other unit owners, regardless of whether the unit owner is also the developer-lessor.
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Join FLexlaw to unlock all legal intelligencePlaintiffs attempted to sell their condominium apartment, but the defendant association rejected the prospective buyer's application due to a rule res…
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PER CURIAM.
These are consolidated appeals taken by the appellant from orders granting a temporary injunction and denying motions to dismiss and for summary judgment. The appellee, Wilfred, Inc., brought the action below seeking a temporary and permanent injunction against the appellant, Margate Village Condominium Association, Inc., from imposing assessments against Wilfred, as a unit owner, for the purpose of financing any legal actions brought against Wilfred, as the owner and developer. We reverse.
The complaint alleged that the association, through its board of directors, adopted a resolution levying an assessment against unit owners to defray the expense of bringing a lawsuit against the developer-lessor, Wilfred; that the association lacks standing to bring such a suit; and that Wilfred has no adequate remedy at law and will be irreparably harmed if the assessments are allowed to stand.
The complaint specifically alleged that a condominium association lacks standing to bring suit against a developer-lessor to test the validity of a recreation lease. The law is to the contrary.1 As a unit owner, Wilfred is subject to the same assessments as other unit owners.2 And the legality of those assessments is subject to no extra challenge because the unit owner happens, as a matter of coincidence, to be the developer-lessor. There is some suggestion on appeal that the assessments are illegal because of the manner in which they were passed. However, there are no specific allegations in the complaint supporting such a claim. Moreover, the time to challenge the legality of the assessments is when the assessments are sought to be enforced. We do not think the complaint stated a cause of action for injunctive relief, and the motion to dismiss should have been granted.
Accordingly, this cause is hereby reversed and remanded for further proceedings consistent herewith.
ANSTEAD, DAUKSCH and LETTS, JJ., concur. . Avila South Condominium Association, Inc. v. Kappa Corporation, Florida Supreme Court, 347 So. 2d 599, Opinion issued March 31, 1977; Imperial Towers Condominium v. Brown, 338 So. 2d 1081 (Fla. 4th DCA 1976).
. Century 21 Commodore Plaza, Inc. v. Commodore Plaza at Century 21 Condominium Association, 340 So. 2d 945 (Fla. 3d DCA 1976).
Cases With Similar Vibessemantic neighbors from the corpus
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Dorset House Ass'n, Inc. v. Dorset, Inc., 371 So. 2d 541 (Fla. 3d DCA 1979)…711.15 Florida Statutes (1965), provided: “(1) A unit owner, regardless of how title is acquired, . . . shall be liable for all assessments coming due while he is the owner of a unit.” See Margate Village Condominium Assoc. Inc. v. Wilfred, Inc., 350 So. 2d 16 (Fla. 4th DCA 1977); Century 21 Commodore Plaza, Inc. v. Commodore Plaza at Century 21 Condominium Assoc., Inc., 340 So. 2d 945 (Fla. 3d DCA 1977), cert. denied, 354 So. 2d 979 (Fla.1978). In my view, the contractual exemption is invalid and unenfor…
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Brooks v. Palm BAY Towers Condo. Ass'n, Inc., 375 So. 2d 348 (Fla. 3d DCA 1979)…ause. We cannot agree, and must reverse the order of summary judgment, as a matter of law. Case law authority supports -our line of reasoning in interpreting the applicable statute. In Margate Village Condominium Association, Inc. v. Wilfred, Inc., 350 So. 2d 16 (Fla. 4th DCA 1977), where the court reversed an injunction granted a developer contesting assessments (which included the expenses of litigation brought by the association against the developer), it was held that the developer-lessor, as a unit own…
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Brickell Biscayne Corp. v. The Palace Condo. Ass'n, 526 So. 2d 982 (Fla. 3d DCA 1988)…after remand, 466 So. 2d 1071 (Fla. 3d DCA 1984); Century 21 Commodore Plaza, Inc. v. Commodore Plaza at Century 21 Condominium Association, Inc., 340 So. 2d 945 (Fla. 3d DCA 1977); and Margate Village Condominium Association, Inc. v. Wilfred, Inc., 350 So. 2d 16 (Fla. 4th DCA 1977). These cases clearly establish that a developer who owns condominium units is required to pay assessments levied by the condominium association as is any other unit owner, even when the purpose of the assessment is to finance leg…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Avila S. Condo. Ass'n v. Kappa Corp., 347 So. 2d 599 (Fla. 1976)
- Imperial Towers Condo., Inc. v. Brown, 338 So. 2d 1081 (Fla. 4th DCA 1976)
- Woulard v. State, 340 So. 2d 945 (Fla. 4th DCA 1976)