Reibel v. Rolling Green Condominium A, Inc., 74--1531
| Decision Date | 15 April 1975 |
| Docket Number | No. 74--1531,74--1531 |
| Parties | Albert REIBEL et al., Appellants, v. ROLLING GREEN CONDOMINIUM A, INC., et al., Appellees. |
| Court | Florida District Court of Appeals |
McCarthy, Steel, Hector & Davis, Miami, for appellant.
Weissenborn, Burr & Hyman, and Gary M. Carman, miami, for appellees.
Before PEARSON, HAVERFIELD and NATHAN, JJ.
Defendant-appellants by way of this interlocutory appeal seek review of the trial court's order denying their motion to dismiss the complaint of plaintiff-appellees.
Defendant-appellants are the fee simple owners and the record title holders of certain real property which was leased to the developer of the Rolling Green Condominium complex for a term of 99 years. The developer constructed on this property the recreational facilities to be used by the condominium unit owners and then assigned the leasehold interest in the subject realty to the condominium associations. Each condominium unit owner joined in and ratified the lease and became obligated to pay the prescribed rents for the use of the subject property thereby vesting in the unit owners the leasehold interest as lessees. Thereafter, the condominium associations, appellees herein, filed the instant suit against the defendants. Appellee associations claimed that the fee simple title to the subject realty is vested in the associations as common elements of the condominium complex. On the basis thereof, the plaintiff-appellees sought declaratory relief invalidating the 99 year lease and a money judgment for all rents paid in accordance therewith. In response thereto, defendants moved to dismiss the complaint and as one of the grounds therefor alleged that the plaintiff associations lacked standing to bring this suit. The trial court denied this motion and the defendants appeal therefrom. We reverse.
It is now established that the common elements of a condominium are owned by the condominium unit owners as an undivided share appurtenant to the condominium and, therefore, the plaintiff condominium associations have no standing as the real parties in interest to bring a suit to quiet title to the common elements of a condominium complex. Commodore Plaza At Century 21 Condominium Association, Inc. V. Saul J., Morgan Enterprises, Inc., Fla.App.1974, 301 So.2d 783. Turning to the case at bar in light of the above principle of law, we note that although the complainants are seeking a declaratory judgment, the basis therefor is the claim of the plaintiff associations that the fee simple title to the subject real property is vested in the associations as common elements of the condominium complex. This claim on its face is contrary to law. See §§ 711.03(8), 711.06, Fla.Stat. Plaintiffs very clearly are not the real parties in interest as to the subject realty and thus lack the requisite standing.
Nevertheless, plaintiff-appellees argue that they have standing to bring the instant action pursuant to § 711.12(2), Fla.Stat. (...
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