Lawrence v. Courtyards at Deerwood Ass'n, Inc.
| Citation | 318 F.Supp.2d 1133 |
| Decision Date | 11 May 2004 |
| Docket Number | No. 03-21614-CIVHUCK.,03-21614-CIVHUCK. |
| Parties | Shirleen LAWRENCE and Jimmie Lawrence, Plaintiffs, v. COURTYARDS AT DEERWOOD ASSOCIATION, INC., Miami Management, Inc., and Gisella Novillo, Defendants. |
| Court | U.S. District Court — Southern District of Florida |
Amy R. Mosel, Gary Khutorsky, Robert M. Klein, Stephens, Lynn, Klein, LaCava, Hoffman & Puya, P.A., for Defendants, Courtyards at Deerwood Association, Inc., and Miami Management, Inc.
Cornelius Shiver, Law Offices of Cornelius Shiver, P.A., Coconut Grove, FL, for Plaintiffs.
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND DISMISSING CLAIMS AND COUNTERCLAIMS
THIS CAUSE is before the Court upon the Amended Motion for Summary Judgment [DE# 66] filed by The Courtyards at Deerwood Association, Inc. and Miami Management, Inc (collectively "Defendants") on March 22, 2004. The Defendants are entitled to summary judgment because the material facts are undisputed and the claims brought pursuant to the Federal Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq., and the Civil Rights Act ("CRA"), 42 U.S.C. § 1982, fail as a matter of law for several reasons.
The Courtyards is a private, residential development, consisting of a combination of town homes, single family homes and condominiums. The Courtyards at Deerwood Association, Inc. ("Association") is the homeowner association responsible for administering, managing and maintaining the community, including the common area property. The Association's powers derive from articles of incorporation and by-laws recorded in the public records of Miami-Dade County, Florida. The Association acts through an elected Board of Directors ("Board"), which typically consists of five members. The Association contracted with Miami Management, Inc. ("Property Manager") to conduct the daily management and maintenance of The Courtyards.
The Plaintiffs, Jimmie and Shirleen Lawrence, are an African American couple who purchased a home at Courtyard 14 in July of 2000. Courtyard 14 is an ethnically diverse community consisting of thirteen town homes built in a u-shaped formation around a common courtyard. Other residents of Courtyard 14 included people of Eastern Indian, African American, Hispanic, and Caucasian descent. As property owners, the Lawrences became members of the Association, were obligated to pay monthly maintenance fees to the Association, and therefore rightly expected the Association to maintain the common areas.
The purchase and closing on the Lawrence home transpired smoothly. Shortly after moving in, however, they began experiencing problems with their next door neighbor, Gisella Novillo, whom the Lawrences contend started a racially based campaign to drive them out of the neighborhood. Over the next couple of years, the Lawrences and Novillo complained about each other on numerous occasions to the Property Manager and the Board. The Lawrences complained to the Property Manager that Novillo had left derogatory messages on the their car and fence, which were located in common areas; allowed her cats to roam freely on their private property; verbally assaulted them with reprehensible racial epithets and statements; and cut their television cable line. Some of the derogatory comments were made in the presence of the Lawrences' seven year old daughter. A mask similar to the one in the movie "Scream" was left on the hood of their vehicle. Dead rats appeared on their front steps and back patio.
The problem was not one sided, however. Novillo complained the Lawrences illegally parked in the handicapped spot, trespassed on her property, took pictures of her house, and threatened and harassed her.
One of the Property Manager's duties was to respond to complaints from residents. Usually, a complaint was addressed by sending a letter to the violating party. In response to the Lawrences' complaints, the Property Manager sent letters telling Novillo to stop posting personal signs and letters on common property and to keep her cats from roaming freely in the community. The Lawrences continually wrote to the Property Manager and attended Board meetings to complain about Novillo. They wanted the Association to stop Novillo's racial harassment, particularly that which occurred in the common areas of the community. Novillo also wrote letters, called, and stopped by the Property Manager's office to complain about the Lawrences. The Board and the Property Manager always responded the same to both parties — they would not become involved in a personal dispute between neighbors.
Clearly, both the Property Manager and the Board were aware of the conflict. In fact, the record indicates neither the Property Manager, nor the Board had ever encountered a neighbor-to-neighbor conflict of such magnitude. After consulting with attorney Carlos Triay, the Board and the Property Manager determined that neither entity had jurisdiction to control the neighbor-to-neighbor dispute between the Lawrences and Novillo. The Property Manager and two Board members testified there was simply nothing the Property Manager or the Association could do to resolve the conflict raging between the Lawrences and Novillo.
In February of 2003, after receiving complaints from the Lawrences and Novillo for approximately two years, the Board called a special meeting to address the problems. Attorney Triay attended the meeting. The Lawrences were told that, according to the by-laws, neither the Association nor the Property Manager could intervene in a dispute that did not affect the entire community. Jimmie Lawrence responded that he would produce a petition from other residents stating that Novillo was a nuisance to Courtyard 14, but he never did.
In a further effort to investigate the problem, the Property Manager and Triay conducted a walk through and randomly interviewed some residents in Courtyard 14. The results of these interviews were inconclusive. Although most residents were aware of the problem between the Lawrences and Novillo, it was impossible to determine who was right. Moreover, and contrary to the Lawrences' representation, the residents interviewed did not believe Novillo was a nuisance to Courtyard 14. Thus, the conflict began and remained completely personal between the Lawrences and Novillo.
After the Board met in February 2003, at least three letters were sent to the Lawrences requesting all documentation they claimed would support their various contentions against Novillo. The documentation was requested so Triay could render a legal opinion on the matter. By the time the Lawrences received these letters, however, they had engaged counsel of their own and did not produce any documents. Instead, they filed this lawsuit in October of 2003.
On December 23, 2003, Novillo barraged Jimmie Lawrence with derogatory statements as he arrived home, only this time she also threatened to kill him. Fearing for their personal safety, the Lawrences moved out of Courtyard 14 before the end of the month. Ironically, Novillo moved to Washington D.C. since the inception of this lawsuit.
In Counts I and II of the Amended Complaint, the Lawrences claim the Association and the Property Manager allowed Novilla to create a racially hostile housing environment, which the Defendants then tolerated and ratified, in violation of §§ 3604 and 3617 of the FHA, and the CRA, 42 U.S.C. § 1982.1 The complaint alleges the Association addressed the complaints and problems of white homeowners, but refused to protect the Lawrences' right to the quiet enjoyment of their property because they are African American. They seek monetary damages and a declaration that the Defendants had an obligation to stop the racial harassment. The Association and the Property Manager filed a motion for summary judgment, which is fully briefed.2
A summary judgment is proper only if the record before the court shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). The purpose of summary judgment is "to pierce the pleadings and assess the proof in order to see whether there is a genuine need for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (). In Celotex Corp. v. Catrett the Court held that summary judgment should be entered only against
a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be `no genuine issue as to any material fact,' since a complete failure of proof concerning an essential element of the non-moving party's case necessarily renders all other facts immaterial. The moving party is `entitled to judgment as a matter of law' because the non-moving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.
Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
To prevail, the moving party must do one of two things: (1) show that the non-moving party has no evidence to support its case, or (2) present "affirmative evidence demonstrating that the non-moving party will be unable to prove its case at trial." United States v. Four Parcels of Real Property, 941 F.2d 1428, 1437-38 (11th Cir.1991) (en banc); Young v. City of Augusta, Ga., 59 F.3d 1160, 1170 (11th Cir.1995). In making this determination, the court should consider all of the evidence in the light most favorable to the nonmoving party, with all reasonable inferences drawn in favor of that party. Dibrell Bros. Intern., S.A. v. Banca Nazionale Del Lavoro, 38 F.3d 1571, 1578 (11th Cir.1994).
If the movant successfully discharges this initial burden,...
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