Lemon v. Golf Terrace Owners Ass'n

• Decision Date: 23 October 1992
• Citation: 611 So.2d 263
• Parties: Thomas R. LEMON v. GOLF TERRACE OWNERS ASSOCIATION. 1910821.
• Court: Alabama Supreme Court

Page 263

611 So.2d 263

Thomas R. LEMON v. GOLF TERRACE OWNERS ASSOCIATION.

1910821.

Supreme Court of Alabama.

Oct. 23, 1992.

Rehearing Denied Dec. 11, 1992.

John W. Parker, Mobile, for appellant.

Orrin K. Ames III of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellee.

HOUSTON, Justice.

Dr. Thomas R. Lemon sued Golf Terrace Owners Association, Inc. ("the Association"), for breach of contract, alleging that the Association had failed to timely repair or replace the roof on his condominium. The trial court, after hearing ore tenus evidence, entered a judgment for the Association. Lemon appealed. We affirm. ¹

Lemon purchased a condominium at Golf Terrace, a condominium complex in Baldwin County. As a result of this purchase, Lemon became a member of the Association. The Association, whose membership was composed of the various owners of the condominiums within the complex, was created for the purpose of operating and administering the complex. Pursuant to the terms of the "Declaration of Condominium of Golf Terrace" ("the Declaration"), which determines the rights of the parties in this case, the Association was responsible for maintaining the common areas within the complex, including the roof on Lemon's condominium, at its expense. The Declaration was silent, however, as to the time the Association had in which to repair or replace a defective roof. The gravamen of Lemon's complaint was that the Association had failed to repair or replace his roof within a reasonable time after being notified that the roof leaked.

Two well-established principles of law control this case. First, where a contractual obligation to perform exists, and no time is prescribed in the contract for performance, the law requires the obligated party to perform within a "reasonable time." What is a reasonable time depends on the nature of the act to be done and all of the circumstances relating to that act. This, necessarily, is a question to be determined by the trier of fact. Hendrix, Mohr & Yardley, Inc. v. City of Daphne, 359 So.2d 792 (Ala.1978). Second, where a trial court has heard ore tenus evidence, its judgment based on that evidence is presumed correct and will be reversed only if, after considering the evidence and all reasonable inferences to be drawn therefrom, the appellate court finds the judgment to be plainly and palpably wrong. Furthermore, where a trial court does not make specific findings of fact concerning an issue, this Court will assume that the trial court made those findings necessary to support its judgment, unless such findings would be clearly erroneous. Knox Kershaw, Inc. v. Kershaw, 552 So.2d 126 (Ala.1989).

After carefully reviewing the record and the briefs of the parties, we conclude that although the trial court made no specific findings of fact, it could have reasonably inferred from the evidence that the Association acted within a reasonable time to eliminate the leak in Lemon's roof. The evidence showed, in pertinent part, that the roofs on a number of the buildings in the complex, including the roof on Lemon's condominium, were leaking to some extent. These roofs, which were approximately 16 years old and defectively designed, were not subject to permanent repair. Faced with a growing problem, the Association appointed a committee to develop a plan to deal with the leaking roofs. After studying the problem, the committee recommended a complete change in the design and construction of the roofs. However, the Association, which agreed with the committee's recommendation, was restricted by the Declaration from making such extensive alterations without the approval of at least a majority of the condominium owners. To get the necessary approval, the Association had to secure the services of an architect, settle...