Savanna Club Worship v. Savanna Club Homeowners, 0414345CV.

• Decision Date: 16 December 2005
• Docket Number: No. 0414345CV.,0414345CV.
• Citation: 456 F.Supp.2d 1223
• Parties: SAVANNA CLUB WORSHIP SERVICE, INC., Plaintiff, v. SAVANNA CLUB HOMEOWNERS' ASSOCIATION, INC., et al. Defendants.
• Court: U.S. District Court — Southern District of Florida

Page 1223

456 F.Supp.2d 1223

SAVANNA CLUB WORSHIP SERVICE, INC., Plaintiff, v. SAVANNA CLUB HOMEOWNERS' ASSOCIATION, INC., et al. Defendants.

No. 0414345CV.

United States District Court, S.D. Florida.

December 16, 2005.

David Charles Gibbs, III, Gibbs & Craze, Seminole, FL, for Plaintiff.

Danielle K. Brewer, Becker & Poliakoff, West Palm Beach, FL, Daniel S. Rosenbaum, West Palm Beach, FL, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

MIDDLEBROOKS, District Judge.

THIS CAUSE comes before the Court upon the Defendants' Motion for Summary Judgment (DE 85) and Plaintiffs Response and Cross-Motion for Summary Judgment (DE 87). The Court has reviewed the Motions, the responses thereto, and is otherwise fully informed of the premises. The Court heard oral argument on the Motion(s) on December 8, 2005 (the "Hearing").

INTRODUCTION

This suit involves the question of the relationship between a homeowners' association's right to control activities within its community and the Federal Fair Housing Act, 42 U.S.C. 301 et seq., and the Florida Fair Housing Act., 760.20 et seq. hereinafter referred to jointly as the "FHA").¹ The Savanna Club Worship Service, Inc. (the "Club") is a religious organization comprised of individual homeowners in the Savanna Club home community ("Savanna"). The gravamen of the Complaint is that the Club has historically conducted its religious services in Savanna's club house or common areas, but that the Savanna Homeowner's Association (the "Association") recently adopted a rule which disallows anyone from conducting "religious services" in any of Savanna's common areas (the "Rule"). The Club alleges that the Rule discriminates against the Club based upon religion and, therefore, violates the FHA.

LEGAL STANDARD

Summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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. Crv. P. 56(c). A material fact is one that might affect the outcome of the case. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Where the non-moving party fails to prove an essential element of its case for which it has the burden of proof t trial, summary judgment is warranted. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed2d 265 (1986); Hilburn v. Murata Elecs. North Am., Inc., 181 F.3d 1220, 1225 (11th Cir.1999). Thus, the task is to determine whether, considering the evidence in the light most favorable to the non-moving party, there is evidence on which the trier of fact could reasonably find a verdict in her favor. See Liberty Lobby, 477 U.S. at 251, 106 S.Ct. 2505; Hilburn, 181 F.3d at 1225; Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir. 1997). The facts of this case are undisputed, and the Parties agree that the issues involved herein are purely issues of law amenable to summary judgment disposition.

FACTUAL BACKGROUND

The following facts are undisputed.² The Association is a non-profit corporation organized under the laws of the State of Florida and governed by Florida's Homeowner's Association Act, Fla. Stat. 720.301, et seq. Its membership consists of individual Savanna homeowners. The Club is a non-profit Florida corporation, organized by various homeowners. Its purpose is to provide worship services for residents of the Association's community. The Club is not itself a homeowner in the community, nor a member of the Association. Until sometime in mid 2004, the Club conducted its religious services within Savanna's club house or other common areas.

The Association received numerous complaints from its non-Club members regarding the use of Savanna's common areas for religious services. One of the reasons for the complaints was that such usage was contrary to the areas' stated purpose of being "devoted to the common use, recreation and enjoyment of the members of the Association." The Declaration of Covenants and Restrictions for Savanna provides that "[t]he areas designated as [common] areas . . . shall be used for no other purpose than as open and recreational areas." After receiving the complaints, the Association conducted a straw poll of the residents, and determined that the majority of residents did not like the common areas being used for religious services. Accordingly, in July of 2004, the Association adopted the Rule being challenged here which stated that "No portion of the common areas of Savanna Club may be used for any religious service." The rule took effect on or about August 14, 2004 and has been recorded into the Public Records for St. Lucie County.³

Prior to enacting the Rule, the Association had permitted the Club to hold its meetings in various Savanna common areas for the specific purpose of conducting religious services. After Association enacted the Rule, the Club continued to schedule and hold its meetings in the community's common areas⁴ Savanna filed a Petition for Mandatory Mediation before the state of Florida Land Sales, Condominiums and Mobile Homes in November of 2004.⁵ Mediation was held. The Club subsequently stopped holding its religious services in the common areas. It is undisputed that the Association has uniformly and equally applied this Rule to all religious groups. It is also undisputed that the Club is not a member of the Association, nor a homeowner within Savanna.

Analysis

Both Parties agree that the only issue before the Court is whether or not the Rule, which is equally enforced against all religions, violates the FHA. Specifically, does Savanna's religion-based prohibition violate 42 U.S.C. 3604(b), which provides, in pertinent part, that it is unlawful "[t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin?"

The Court notes that the Club, in its response to Defendants' Motion for Summary Judgment raises a claim under 42 U.S.C. 3604(c) for the first time, which provides, in pertinent part, that it is illegal for anyone to "make print, or publish . . . any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on . . . religion." The Court notes that the Club failed to seek leave to amend the original complaint to include a 3604(c) claim. Additionally, the Club untimely filed its Cross—Motion after the deadline for filing pre-trial diapositive motions previously set by the Court had passed, and without seeking leave of Court to do so. Accordingly, the Court declines to address the merits of the untimely claim.⁶

The Complaint originally asserted five counts:(I) Violation of the Federal Fair Housing Act; (II) Violation of the Florida Fair Housing Act; (III) Violation of the Savanna Club Bylaws; (IV) Breach of Contract; and (V) Declaratory Relief. The Parties have agreed to dismissal of Counts III and IV, leaving claims I, II and V. In its Motion for Summary Judgment, the Association asserts that dismissal is proper because the Club has no standing to sue as an "aggrieved person" under the FHA⁷ The Club counter's that it has standing both on its own and under the concept of associational standing because it represents the interests of its members, many of them Savanna homeowners and members of the Association.

An "Aggrieved Person," under the FHA, includes any person who claims to have been injured by a discriminatory housing practice, or believes that such person will be injured by a discriminatory housing practice that is about to occur. In order to establish that a plaintiff is an "Aggrieved Person," it must demonstrate that it has suffered a concrete injury in fact or one that is actual and imminent; that such injury is fairly traceable to Defendants' allegedly illegal actions; and that it is likely that such injury will be redressed by a favorable decision. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992); Jackson v. Okaloosa County, Fla., 21 F.3d 1531, 1537 (11th Cir.1994); Trafficante v. Metropolitan Life Insurance Co., 409 U.S. 205, 93 S.Ct.364 34 L.Ed.2d 415 (1972).

Defendant asserts that because the Club is not a member of the Association it is not entitled to holding any meeting in Savanna's common areas at all, and that this means that it cannot be an "aggrieved person" as contemplated by the FHA. In response, the Club alleges that the Association's Rule has denied it and its members the right to hold meetings solely based upon the religious aspects of its meetings. It further alleges that the Association permits other groups to meet freely, and that a favorable decision by this Court would benefit it directly. The Court can dispose of this issue quickly. It is well established that standing under the FHA is as broad as the Constitution's minimum case or controversy requirements. See Gladstone Realtors v. Village of Bellwood, 441 U.S. 91, 99 S.Ct. 1601, 60 L.Ed.2d 66 (1979); Baytree of Inverrary Partners v. City of Lauderhill 873 F.2d 1407, 1409 (11th Cir. 1989). Accordingly, the Court finds that Plaintiffs have established FHA standing under these facts.

Finding that the Club has standing to sue as an aggrieved person, the Court turns to Defendant's next assertion in support of summary judgment. That assertion is that the FHA does not reach the challenged Rule because a homeowner's association's restrictions regulating the use of its common areas are not a "provision of service" in connection to the sale or rental of a dwelling as contemplated by the FHA. Specifically, Defendant's assert that the Rule is a general regulation prohibiting all religious...