Romero v. Shadywood Villas Homeowners Ass'n, Inc., No. 95-238

• Court: Court of Appeal of Florida (US)
• Writing for the Court: Before SCHWARTZ; PER CURIAM
• Citation: 657 So.2d 1193
• Decision Date: 07 June 1995
• Docket Number: No. 95-238
• Parties: 20 Fla. L. Weekly D1354 Carlos A. ROMERO, Jr., Appellant, v. SHADYWOOD VILLAS HOMEOWNERS ASSOCIATION, INC., Appellee.

Page 1193

657 So.2d 1193 20 Fla. L. Weekly D1354 Carlos A. ROMERO, Jr., Appellant,
v.
SHADYWOOD VILLAS HOMEOWNERS ASSOCIATION, INC., Appellee. No. 95-238. District Court of Appeal of Florida,
Third District. June 7, 1995.
Rehearing Denied August 16, 1995.

Page 1194

Post & Romero and Robert G. Post, Coral Gables, for appellant.

David A. Kobrin, Miami, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.

PER CURIAM.

A plaintiff appeals a trial court order dismissing his Amended Complaint for injunctive relief with prejudice. We reverse.

The appellant Carlos A. Romero (hereinafter "Romero") is a homeowner in and member of the Shadywood Villas Homeowners Association. The appellee Shadywood Villas Homeowners Association (hereinafter "Shadywood") is a non-profit corporation organized to do business under Chapter 617 of the Florida Statutes. Romero filed an action for injunctive relief against Shadywood to require it to deliver a financial report to each member of the association pursuant to Florida Statute, Section 617.1605. Shadywood refused to comply with Romero's request, claiming that its financial reporting requirements were not governed by Section 617.1605, but were instead governed by Florida Statutes, Section 617.303(4)(i), a section of the Florida Not For Profit Corporation Act dealing specifically with homeowners' associations. Shadywood, therefore, moved to dismiss Romero's Complaint for failure to state a cause of action. The trial court granted Shadywood's motion and dismissed Romero's Complaint, but gave Romero thirty days to file an amended complaint. Romero filed an Amended Complaint once again seeking injunctive relief under Section 617.1605. Shadywood moved for dismissal of the Amended Complaint, and the trial court granted the motion, dismissing Romero's Amended Complaint with prejudice. ¹ Romero appeals the dismissal of his Amended Complaint.

The present appeal centers around the interpretation of two statutory provisions contained within the Florida Not For Profit Corporation Act; Florida Statutes, Section 617.1605 and Section 617.303(4). The issue is whether one or both of these sections control the reporting obligations of homeowners' associations organized to do business under Chapter 617. Romero contends that the trial court erred in dismissing the Amended Complaint because Shadywood, as a non-profit corporation organized to do business under Chapter 617, is subject to the reporting and delivery requirements of both Section 617.1605 and Section 617.303(4). Shadywood, on the other hand, maintains that since it is a homeowners' association, it is only required to comport with the reporting requirements set out in Section 617.303(4)(i). For the reasons which follow, we hold that homeowners' associations must comply with the reporting requirements set out in both Section 617.1605 and Section 617.303(4).

Within the confines of Chapter 617, are Sections 617.301 through 617.306, which specifically and exclusively regulate homeowner associations organized as non-profit corporations under Chapter 617. Within these specific sections is Florida Statute, Section 617.303(4) which delineates the record maintenance

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and inspection obligations for homeowners' associations. Section 617.303(4), which was enacted in 1992, ² provides, in pertinent part, as follows:

(4) The association shall maintain each of the following items, when applicable, which shall constitute the official records of the association:

....

(i) Accounting records for the homeowners' association and separate accounting records for each parcel, ... The accounting records shall be open to inspection by parcel owners or their authorized representatives at reasonable times. The accounting records shall include, but are not limited to:

....

1. Accurate, itemized and detailed records of all receipts and expenditures ... 3. All audits, reviews, accounting statements, and financial reports of the homeowners' association.

Sec....