Springsted Holdings, Inc. v. Del Prado Mall Prof'l Condo. Ass'n, Inc.

• Decision Date: 21 October 2022
• Docket Number: 2D21-1875
• Citation: 349 So.3d 939
• Parties: SPRINGSTED HOLDINGS, INC., Appellant, v. DEL PRADO MALL PROFESSIONAL CONDOMINIUM ASSOCIATION, INC., Appellee.
• Court: Florida District Court of Appeals

349 So.3d 939

SPRINGSTED HOLDINGS, INC., Appellant,

v.DEL PRADO MALL PROFESSIONAL CONDOMINIUM ASSOCIATION, INC., Appellee.

No. 2D21-1875

District Court of Appeal of Florida, Second District.

October 21, 2022

Kristie P. Mace and Peter J. Cambs of Goede, DeBoest & Cross, PLLC, Naples, for Appellant.

Trisha L. Ryan of Lusk, Drasites & Tolisano, P.A., Cape Coral, for Appellee.

SMITH, Judge.

Commercial tenant, Springsted Holdings, Inc. (SHI), appeals from a final judgment rendered in favor of Del Prado Mall Professional Condominium Association, Inc. (the Association), after SHI sued the Association for breach of contract, tortious interference with an advantageous business relationship, and injunctive relief following the Association's placement of a dumpster structure in the common area parking lot. Because the Association's construction of a dumpster structure eliminated six communal parking spots, in violation of SHI's clear legal right to the vehicular and traffic easement and parking facilities located in the common elements, injunctive relief was appropriate. Accordingly, while we affirm the judgment in part, we reverse that portion denying injunctive relief and remand with instructions.¹

SHI owns a commercial unit in a strip mall that consists of nineteen condominium units and is governed by the Association's Amended and Restated Condominium Declaration of Del Prado Mall Professional Condominium and the Amended and Restated Bylaws of Del Prado Mall Professional Condominium (collectively the governing documents). Each condominium unit owns a percentage of the common elements of the strip mall, one of which includes the parking lot behind the strip mall. SHI has been a member of the Association since 2003, operating High Tech Laundry—a coin laundry business. Its business is located closest to the common area parking lot behind the strip mall. SHI alleged in its amended complaint that its customers would often use the common area parking lot because the parking spots were close to SHI's unit and allowed them to easily carry large loads of laundry to the laundromat.

In 2016, SHI sued the Association for breach of contract alleging that the Association failed to maintain and clean the condominium property as required by the condominium's governing documents. One of the allegations in the 2016 litigation was that the Association was not maintaining a dumpster and the area around the dumpster, which was then located in a grassy area of the condominium property. The trial court found in favor of SHI on its breach of contract claim, and with regard to the dumpster, the trial court ordered the Association to construct an enclosure around the dumpster and to "otherwise fully comply with all applicable codes."

In response to the final judgment, the Association began to construct a concrete pad in the common area parking lot directly behind SHI's unit, with plans to move the dumpster from the grassy area to the common area parking lot. The new concrete pad and block enclosure were built to accommodate two dumpsters, thereby eliminating six of the seven existing parking spots² —all of which are within the vehicular and traffic easement and parking facilities located in the common elements according to the governing documents. SHI filed a motion for preliminary injunction in the 2016 case, arguing the location of the dumpster was chosen in retaliation for SHI's suing the Association and that SHI's laundry business was being damaged by the Association's actions in constructing the dumpster structure in the parking lot of the common elements. SHI did not raise any issues related to the governing documents or the easements and common elements provided therein.

The trial court denied SHI's motion for preliminary injunction.

Thereafter, SHI commenced the action seeking, among other claims, injunctive relief to remove the dumpster structure. The amended complaint generally alleges that the dumpster structure was wrongfully constructed on essential parking spots in violation of the governing documents, which SHI attached to the amended complaint. The Association does not dispute that the dumpster and enclosure "encroach[es] over six (6) parking spaces," which are located within the easement and parking facilities of the common elements.

It is also undisputed that certain designated easements are set forth in section IV.A. of the Amended Declaration, which provides in relevant part:

Easements

Each of the following easements is a covenant running with the land of the condominium and notwithstanding any of the other provisions of this Declaration, may not be amended or revoked and shall survive the termination of the Condominium and the exclusion of any of the lands of the Condominium from the Condominium.

....

2. PEDESTRIAN AND VEHICULAR TRAFFIC. Easements for pedestrian traffic over, through and across sidewalks, paths, walks and lanes, as the same may from time to time exist, upon the common elements; and for vehicular traffic over, through and across such portions of the common elements as may be from time to time paved and intended for such purposes.

(Emphasis added.)

The Amended Declaration defines common elements as:

A. COMMON ELEMENTS

All of the real property heretofore described, less and excepting therefrom the units hereinabove referred to, is described and referred to herein as the "common elements" which definition shall include the structures and the property on which they are located and specifically includes but is not limited to the land, roof, main walls, slabs, stairways, walkways, gardens, pumps, generators, water tanks trees and shrubs, utility lines, parking facilities, elevator and storage areas.

(Emphasis added.)

As provided under section X., titled Use Restrictions, these common elements

shall be used only for the purposes for which they are intended in the furnishing of services and facilities for the use of and access to the units. Common walks, elevators, stairways, and other common areas shall not be obstructed, littered, defaced or misused in any manner.

(Emphasis added.)

Prior to trial, the parties filed their Agreed Uniform Pretrial Conference/Trial Order setting forth the agreed statement of the case, including:

SHI's claim is that a dumpster pad and enclosure was wrongfully installed on the common area in the Association and as such must be removed. [The Association] defends on the ground that a previous Lee County, Florida case (16-CA-1139) ordered the installation of the dumpster pad and enclosure and contends that the [c]ourt in the prior case has previously ruled in the other case regarding the placement of the dumpster.

(Emphasis added.) Seven of the seventeen issues to be tried pursuant to the agreed trial order concerned whether the location of the new dumpster structure violates the governing documents and whether an injunction is the appropriate vehicle to remove the structure.³

The parties also filed a stipulation of facts and evidence stipulating to the admissibility of the governing documents, as well as the following relevant facts:

21. [The Association's President] failed to post proper notice for a Board or Member's meeting to obtain approval for the construction of the dumpster pad and enclosure.

22. [The Association's President] failed to conduct a Board or Member's meeting to obtain approval for the construction of the dumpster pad and enclosure.

....

31. The dumpster pad and enclosure at issue in this matter encroached over six (6) parking spaces once it was fully constructed.

....

33. The gates on the dumpster enclosure were installed to allow the gates to slide horizontally on a track that extended several feet from the enclosure on each side. Additionally[,] bollards were placed on both sides of the dumpster in the two additional parking spaces that were taken on each side of the dumpster.

At the bench trial, the Association's President testified, without objection, that the dumpster pad and enclosure were constructed within the easement and parking facilities of the common elements that allow for ingress and egress to the strip mall area. But the Association's President disagreed that the dumpster structure "is a barrier and interferes with this easement," reasoning that

this is a – – uncommon problems when we have for a condo association. And we have to react to save the condo association and protect the condo association. In this case, with the dumpster, that's why – – and in case of protecting the condo association, we have to compromise and amend the [governing documents].

But the Association's President conceded that no amendments were made to the governing documents to allow for the dumpster structure to be built upon the common area parking facility.

Despite the undisputed evidence presented at trial, the trial court disagreed that SHI was entitled to injunctive relief and entered a final judgment finding, in relevant part, that SHI failed to establish an irreparable harm or lack of an adequate remedy at law or that public interest would be served by the injunction.⁴

I.

We review de novo the trial court's construction of the Amended Declaration. See SHM Cape Harbour, LLC v. Realmark META, LLC , 335 So. 3d 754, 759 (Fla. 2d DCA 2022) ; Morgan v. Herff Jones, Inc. , 883 So. 2d 309, 313 (Fla. 2d DCA 2004). To the extent that the injunction rests on factual findings, we review for an abuse of discretion. Fla. Dep't of Transp. v. Tropical Trailer Leasing, LLC , 308 So. 3d 242, 246 (Fla. 1st DCA 2020) ; Duvallon v. Duvallon , 409 So. 2d 1162, 1163 (Fla. 3d DCA 1982) (noting that because trial courts have wide discretion in granting, denying, and modifying injunctions, unless there is a clear abuse of that discretion, an appellate court will not interfere).

II.

We first consider the merits of SHI's claim for a mandatory injunction requiring the Association to remove the dumpster structure from the parking facilities located within the common elements due to a violation of the governing documents.

"A...