Venezia Lakes Homeowners Ass'n Inc v. Precious Homes At Twin Lakes Prop. Owners Ass'n Inc, 3D09-2387.

• Decision Date: 28 April 2010
• Docket Number: No. 3D09-2387.,3D09-2387.
• Citation: 34 So.3d 755
• Parties: VENEZIA LAKES HOMEOWNERS ASSOCIATION, INC., Appellant,v.PRECIOUS HOMES AT TWIN LAKES PROPERTY OWNERS ASSOCIATION, INC., Appellee.
• Court: Florida District Court of Appeals

34 So.3d 755

VENEZIA LAKES HOMEOWNERS ASSOCIATION, INC., Appellant,v.PRECIOUS HOMES AT TWIN LAKES PROPERTY OWNERS ASSOCIATION, INC., Appellee.

No. 3D09-2387.

District Court of Appeal of Florida Third District.

April 28, 2010.

William J. Motyczka; G. David O'Leary, for appellant.

Walton Jones & Browne and Carla A. Jones and Stacy-Ann Frater, for appellee.

Before SUAREZ, LAGOA, and SALTER, JJ.

LAGOA, J.

Venezia Lakes Homeowners Association, Inc. (“Venezia”) appeals from a final summary judgment entered in favor of Precious Homes at Twin Lakes Property Owners Association, Inc. (“Precious Homes”) in Precious Homes' action for a pure bill of discovery. Because the facts of this case do not meet the narrow and limited circumstances under which a pure bill of discovery is justified, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

Venezia and Precious Homes are adjacent homeowner association communities. Venezia is the successor-in-interest to the homeowners association known as Three Lakes Owners Association, Inc. (“Three Lakes”). Venezia's property contains two lakes, East Lake and West Lake. Precious Homes' subdivision abuts the West Lake.

On October 9, 1998, Precious Homes entered into a cross easement agreement with Three Lakes (hereinafter the “agreement”). As Three Lakes' successor, Venezia acquired all of Three Lakes' rights and obligations under the agreement. Pursuant to the agreement, Precious Homes acquired an access easement for West Lake in exchange for payment, based on a calculation stated in the agreement, of thirty percent of the maintenance and security costs for the West Lake. In turn, Venezia agreed to provide to Precious Homes “[n]o later than forty-five (45) days prior to the end of each fiscal year ... the proposed ... [b]udget for the next ensuing year which shall include as a separate category, the Lake Operating Expenses.”

Each year, Venezia provides Precious Homes with the approved budget for the upcoming fiscal year. In the budget, there is a separate category entitled Lake Maintenance. Under the Lake Maintenance category, there are line items for specific maintenance services. Precious Homes believes that Venezia combines the operating expenses for the West Lake and the East Lake under the Lake Maintenance category, and that Precious Homes was, and continues to be, improperly charged thirty percent of both lakes' maintenance and security expenses, rather than thirty percent of the West Lake maintenance and security expenses. Precious Homes claims that it raised this concern to Venezia and requested copies of the service contracts related to the West Lake, and that Venezia refused to provide the contracts.

As a result, Precious Homes filed a complaint for a pure bill of discovery, alleging that it is being overcharged by Venezia for the cost of maintenance and security to the West Lake. Precious Homes sought to obtain copies of certain service contracts related to the maintenance and security expenses for the West Lake. Specifically, Precious Homes alleged:

10. Upon information and belief, VENEZIA LAKES charged Plaintiff PRECIOUS HOMES thirty (30%) percent of the cost of maintenance for both Venezia Lakes (West Lake) and Venezia Lakes (East Lake) for 2008.

11. Upon information and belief, VENEZIA LAKES has overcharged Plaintiff PRECIOUS HOMES for the cost of maintenance of the Venezia Lakes (West Lake) for previous years, possibly dating back to 2004.

12. The Plaintiff, has requested copies of the lake maintenance contracts to attempt to assess the accuracy of the subject charges in order to ensure that PRECIOUS HOMES homeowners are not, or do not continue to be overcharged by VENEZIA LAKES for maintenance. Because Plaintiff, PRECIOUS HOMES, is responsible for a portion of the expenses, it is entitled to review copies of said contracts. However, to date, Defendant, VENEZIA LAKES has refused to comply with Plaintiff's requests.

11. (sic) In order to completely assess all of the expenses of PRECIOUS HOMES to ensure that the Association's budget is prepared accurately, and homeowners are not being charged for more than their required share of the common expenses, Plaintiff requires the discovery from VENEZIA LAKES.

12. (sic) Accordingly, Plaintiff has initiated this bill of discovery against VENEZIA LAKES to obtain copies of the following:

(i) Copies of any and all contracts for lake security related to Venezia Lakes (West Lake) between VENEZIA LAKES and any company, contractor or individual engaged for the purpose of providing such services from 2004 to the present to Venezia Lakes (West Lake);

(ii) Copies of any and all lake maintenance contracts related to services provided to Venezia Lakes (West Lake), including for lawn services and any other lake maintenance between VENEZIA LAKES and any company, contractor or individual engaged for the purpose of providing such services from 2004 to the present to Venezia Lakes (West Lake) (iii) Copies of any and all other contracts related to Venezia Lakes (West Lake).

(iv) Copies of any and all contracts related to any and all alakes (sic) maintained by VENEZIA LAKES.

11. (sic) The discovery that Plaintiff seeks from VENEZIA LAKES will enable PRECIOUS HOMES to fully assess the Association's expenses in order to prepare an accurate budget, and thus, to ensure that the maintenance fees assessed to each of its homeowner members is based on an accurately prepared budget.

Venezia filed its answer and affirmative defenses, in which it denied any overcharge and stated that the requested contracts do not contain sufficient detail to permit Precious Homes to make any assessment of the charges. Venezia also asserted that the complaint “is a pointless fishing expedition in an...