Kittel-Glass v. Oceans Four Condominium Ass'n

Decision Date06 January 1995
Docket NumberNo. 94-470,KITTEL-GLAS,A,94-470
Citation648 So.2d 827
Parties20 Fla. L. Weekly D173 Beateppellant, v. OCEANS FOUR CONDOMINIUM ASSOCIATION, Appellee.
CourtFlorida District Court of Appeals

Peter L. Niles, Daytona Beach, for appellant.

James Patrick Curry of Curry, Taylor & Carls, P.A., Orlando, for appellee.

COBB, Judge.

This appeal by Beate Kittel-Glass challenges a final judgment awarding injunctive relief and monetary damages against her. We reverse.

Kittel-Glass is the owner of a unit in the Oceans Four Condominium located in Daytona Beach Shores. In January, 1992, she filed a complaint against the Oceans Four Condominium Association seeking damages for trespass. Ultimately, the Association filed a counterclaim in March, 1993, seeking injunctive relief and alleging that Kittel-Glass had breached the declaration of condominium by engaging in multiple acts of assaultive, disruptive and indecent behavior on the condominium premises, was consistently intoxicated thereon, and had been arrested on the premises for such behavior on a number of occasions. A second count of the condominium's complaint sought money damages against Kittel-Glass based on the Association's by-laws authorizing it to levy fines against unit owners for violations of the covenants, restrictions, rules and regulations of the condominium. The Association alleged it had imposed fines totaling $3,950 against Kittel-Glass for 79 separate violations of the covenants and restrictions.

Kittel-Glass denied the essential allegations of the counterclaim, and the Association moved for and obtained a temporary injunction on May 24, 1993 enjoining Kittel-Glass from any violent, assaultive, dangerous, harassing and threatening behavior on the property or against Association officers and employees and other unit owners. Kittel-Glass was likewise forbidden from being intoxicated, or possessing a firearm of any kind, on condominium common elements. Prior to trial, Kittel-Glass's second amended complaint was dismissed and the cause proceeded to trial solely on the Association's counterclaim.

The evidence at trial established that Kittel-Glass, between 1986 and 1994, committed a multiplicity of disorderly acts on the condominium premises that included: indecent exposure, public intoxication, reckless display of a firearm, and assault and battery. Twenty-two police reports were presented detailing Kittel-Glass's misconduct. Evidence was also introduced that an Association subcommittee had found that Kittel-Glass violated 79 condominium rules and had assessed her a total fine of $3,950, calculated at $50 per violation. Kittel-Glass presented no witnesses at trial.

Final judgment was entered on the counterclaim for the Association in the sum of $3,950, plus prejudgment interest. Kittel-Glass, her agents and guests were permanently enjoined from occupying or entering upon any part of the condominium premises based in part on the court's finding that Kittel-Glass's misbehavior continued during the existence of the temporary injunction. The court found the Association to be the prevailing party and ruled that it would be awarded its court costs and attorney's fees "upon written motion and a duly noticed hearing." A notice of appeal was filed addressed to this final judgment. 1

We find no merit in Kittel-Glass's first point relating to a necessity for arbitration pursuant to section 718.1255, Florida Statutes, which became effective April 1, 1992. The instant...

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3 books & journal articles
    • United States
    • Colorado Bar Association Colorado Community Association Law: Condominiums; Cooperatives; and Homeowners Associations (CBA) Chapter 13 Cooperatives
    • Invalid date
    ...value should be available to associations to control composition of their community).[395] Kittel-Glass v. Oceans Four Condo. Ass'n, 648 So.2d 827 (Fla. 5th DCA 1995) (where association obtained injunction against owner prohibiting rule violations, remedies for violation of that injunction ......
  • 2.05 Other Provisions for the Master Deed
    • United States
    • South Carolina Community Association Law: Condominiums and Homeowners Associations (SCBar) Chapter Two Creating the Condominium
    • Invalid date take action to abate condition clearly contrary to intent and meaning of bylaws).[148] Kittel-Glass v. Oceans Four Condominium Ass'n, 648 So.2d 827 (Fla. 5th DCA 1995). See also 40 West 67th Street Corporation v. Pullman, 760 N.Y.S.2d 745, 100 N.Y.2d 147, 790 N.E.2d 1174 (2003) (cooperat......
  • 8.05 Members of Incorporated Association
    • United States
    • South Carolina Community Association Law: Condominiums and Homeowners Associations (SCBar) Chapter Eight Homeowners Associations
    • Invalid date
    ...common areas violated documents and granting association's request that unit be sold); Kittel-Glass v. Oceans Four Condominium Ass'n, 648 So.2d 827 (Fla. 5th DCA 1995) (condominium association could obtain injunction against unit owner prohibiting rule violations, but not forced sale or lea......

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