Circle Villas Condo. v. Circle Prop. Owners

• Decision Date: 18 April 2007
• Docket Number: No. 4D06-3412.,4D06-3412.
• Citation: 957 So.2d 1207
• Parties: The CIRCLE VILLAS CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, Appellant, v. The CIRCLE PROPERTY OWNERS' ASSOCIATION, INC., Appellee.
• Court: Florida District Court of Appeals

957 So.2d 1207

The CIRCLE VILLAS CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, Appellant, v. The CIRCLE PROPERTY OWNERS' ASSOCIATION, INC., Appellee.

No. 4D06-3412.

District Court of Appeal of Florida, Fourth District.

April 18, 2007.

Kenneth E. Zeilberger of Katzman & Korr, P.A., Fort Lauderdale, for appellant.

David J. Schottenfeld of David J. Schottenfeld, P.A., Plantation, for appellee.

PER CURIAM.

Appellant, The Circle Villas Condominium Association, Inc. (Condominium), timely appeals the trial court's final order of dismissal, dismissing its action against The Circle Property Owners' Association, Inc. (Association). We reverse and remand.

"The Circle" is a planned condominium unit development comprised of several individual associations, which are condominium associations, including Condominium. Association is a homeowners association responsible for the maintenance of various common areas located within The Circle, including a recreational parcel. Association's maintenance responsibility is defined in Article III of the Declaration of Covenants and Restrictions governing The Circle (Declaration), recorded in Broward County's official records. Condominium and owners of units in Condominium are members of Association and pay maintenance assessments to Association. Association also serves as a master association.

Condominium brought a complaint against Association, "in its name on behalf of its individual homeowners and members concerning matters of common interest to its homeowners and members." Condominium alleged that Association breached the terms of Article III of the Declaration, and "failed and refused to maintain the common areas/elements and the recreational parcel, and has allowed same to fall into a state of disrepair." Article III of the Declaration provides that Association shall own and maintain the common elements. Condominium sought damages and an accounting.

Association filed a motion to dismiss Condominium's complaint. In its motion Association alleged dismissal was appropriate because Condominium did not have standing to bring the action. Specifically, Association argued that dismissal was proper because Condominium was not a member of Association, as defined in the Declaration. Association also claimed mediation was appropriate pursuant to section 720.311, Florida Statutes.

The trial court referred the matter to a General Magistrate, who heard oral argument on Association's motion to dismiss. In her report, the Magistrate determined that pursuant to Article IX of the Declaration, only individual owners could file a complaint, and therefore, Condominium lacked standing to bring the action. Article IX provides:

MEMBERSHIP IN ASSOCIATION: APPURTENANCE: VOTING

Membership in ASSOCIATION shall be as provided in the ARTICLES and BY-LAWS. Membership in ASSOCIATION shall be established and terminated at all times as an appurtenance to ownership of UNITS and an appurtenance to ownership of Eligible Property as provided in said ARTICLES and BY-LAWS, and herein. Voting rights of members and elections and/or designation of directors of ASSOCIATION shall be as determined and provided in the ARTICLES and BY-LAWS.

The Magistrate recommended the complaint be dismissed.

Condominium filed exceptions to the Magistrate's report. Condominium claimed that the Magistrate failed to apply Florida Rule of Civil Procedure 1.221, that Condominium argued, "expressly grants [Condominium] the authority and standing to bring this action against [Association]." Rule 1.221 provides in pertinent part:

After control of a condominium association is obtained by unit owners other than the developer, the association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all unit owners concerning matters of common interest, including, but not limited to, the common elements; the roof and structural components of a building or other improvements; mechanical, electrical, and plumbing elements serving an improvement or a building; representations of the developer pertaining to any existing or proposed commonly used facilities; and protesting ad valorem taxes on commonly used facilities.

Fla. R. Civ. P. 1.221.

Because Condominium alleged further that its claims against Association were based upon Association's failure to maintain the common recreational facilities, Condominium argued it had the standing to bring the action. The trial court entered an order overruling the Condominium's exceptions and accepting the Magistrate's report, dismissing the action. Condominium appeals the dismissal.

Condominium contends on appeal that it had standing to bring this action against Association because Rule 1.221 expressly provides that a condominium association may institute and maintain actions in its name on behalf of all unit owners concerning matters of common interest. We agree.

"Whether a party has standing to bring an action is a question of law to be reviewed de novo." Wexler v. Lepore, 878 So.2d 1276, 1280 (Fla. 4th DCA 2004). As Condominium...