Point Management, Inc. v. Department of Business Regulation, Div. of Florida Land Sales and Condominiums, 83-758

• Citation: 449 So.2d 306
• Decision Date: 14 March 1984
• Docket Number: No. 83-758,83-758
• Parties: POINT MANAGEMENT, INC., Appellant, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, Appellee.
• Court: Court of Appeal of Florida (US)

Page 306

449 So.2d 306

POINT MANAGEMENT, INC., Appellant, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, Appellee.

No. 83-758.

District Court of Appeal of Florida,

Fourth District.

March 14, 1984.

Rehearing Denied May 21, 1984.

W. Jay Hunston, Jr., of DeSantis, Cook, Gaskill & Silverman, P.A., North Palm Beach, for appellant.

David M. Maloney, Dept. of Business Regulation, Tallahassee, for appellee.

Peter S. Sachs of Sachs & Weiss, P.A., Boca Raton, amicus curiae for Kings Point Community Ass'n, Inc.

BERANEK, Judge.

This is a condominium controversy of major proportions in that it involves approximately 15,000 residents of a large South Florida multi-condominium residential development. The appellant, Point Management, Inc., is the managing agent for the various separate condominium associations, which now operate this multi-condominium development. For the purposes of this opinion, appellant, Point Management, Inc., will be referred to as the "Associations." The appellee is the Florida Department of Business Regulation, Division of Florida Land Sales and Condominiums, an administrative agency charged with enforcing the Condominium Statute of this state. Appellee will be referred to as the "Department."

At issue is an administrative order issued by the Division on March 29, 1983. This order rejected a contrary finding by an administrative hearing officer, and held the Associations in violation of Section 718.115(2), Florida Statutes (1981), by paying the expenses of two golf courses from greens fees collected from residents and nonresidents who actually played golf on the courses. Unit owners who did not use the courses paid nothing for their maintenance unless the greens fees failed to cover these expenses. The Division found the golf course expenses to be "common expenses" under the condominium documents and Section 718.115, Florida Statutes (1981), and ordered the Associations to assess each unit owner his proportionate share of these expenses and to cease collecting greens fees from unit owners.

The Associations appeal urging numerous errors. The primary argument is based upon Peck Plaza Condominium v. Division of Land Sales and Condominiums, 371 So.2d 152 (Fla. 1st DCA 1979), to the effect that the Division exceeded its jurisdiction because it interpreted various contracts between the parties. Appellant asserts the Division has merely interpreted the various condominium documents and enforced its own interpretation of those documents against the contracting parties. We agree and reverse based upon the Peck decision.

Several years before the...