Florida/Georgia Personal Injury & Workers Compensation

...ty of amending counts five and six to state a cause of action. We turn now to question of standing with respect to each of these claims. At the outset we concur with the trial judge that Section 711.12(2), Florida Statutes (1975), and its successor, Section 718.111(2), Florida Statutes (1976 Supp.) *608 constitute an impermissible incursion by the legislature into the exclusive prerogative of this Court to adopt rules for "practice and procedure in all courts." Article V, Section 2(a), Florida Constitution....

...Clearly this has to do with "the machinery of the judicial process as opposed to the product thereof." See cases cited in In re Florida Rules of Criminal Procedure, supra . Accordingly, all portions of Section 711.12(2), Florida Statutes (1975), and Section 718.111(2), Florida Statutes (1976 Supp.) save and except the first two sentences of each are hereby found to be unconstitutional....

...fiduciary duty owed to the Association was breached. While the Condominium Act expressly saves "any statutory or common law right of any individual unit owner or class of unit owners to bring any action which," is available independently of the Act, Section 718.111(2), Florida Statutes (1976 Supp.), the named, individual plaintiffs in the present case did not plead any injury to themselves distinct from the injury done the Association....

...ion,’ strictly governs the relationships among the condominium unit owners and the condominium association.” Woodside Vill. Condo. Ass’n v. Jahren, 806 So.2d 452, 456 (Fla.2002). The powers of a condominium association include those set out in section 718.111, Florida Statutes (2012), and, except as expressly limited or restricted by the Condominium Act, those set forth in the declaration of condominium, the bylaws of the association, and the applicable provisions of the state corporations law. § 718.111(2), Fla....

...n, articles of incorporation, or bylaws of the association; unless prohibited by the declaration, to grant, modify, or move any easement that is part of, or crosses, the common elements or association property, without the joinder of any unit owner. § 718.111(4), (7), (9), (10) (2012); see abo 10 Fla....

...A thorough search of those portions of the Condominium Act which delineate the rights and duties of the association reveals a statutory limitation on powers to purchase real property. At the time of the contested purchase, the statute did authorize the association to purchase units in the condominium. § 718.111(8), Fla....

...ld, lease, mortgage, and convey them. [4] Petitioner contends that such limitation on the association's purchasing power would render it impossible for the association to purchase "even a typewriter." We would calm petitioner's fears by referring to section 718.111(2), Florida Statutes (1981)....

...That section provides: The association has the power to purchase any land or recreation lease upon the approval of two-thirds of the unit owners of each condominium association, unless a different number or percentage is provided in the declaration or declarations. § 718.111(12), Fla....

...Property management contracts are important for the same reason. All such records may identify individuals with pertinent knowledge so that they can be contacted during the investigation of the claim. And these records were and are required to be kept by Galeria as a matter of Florida law. See § 718.111(12), Fla....

...Bonefish Towers filed a motion to dismiss, claiming the condominium association owed no duty of disclosure to plaintiffs as prospective *514 purchasers. In granting the motion to dismiss the trial court found that the statutory duty of condominium associations to their unit owners, pursuant to section 718.111(1)(a), Florida Statutes (1985), [1] does not extend to prospective purchasers....

...of the task being performed by the attorney. 581 S.W.2d at 17. For this reason, I would reverse the dismissal of the complaint as to the attorney Dowdell. I concur in the court's opinion as to the claim against the condominium association. NOTES [1] Section 718.111(1) (a) in relevant part states: "The officers and directors of the association have a fidiciary relationship to the unit owners."

...Before SCHWARTZ, NESBITT and JORGENSON, JJ. NESBITT, Judge. Summit Chase commenced this action in its own right as a condominium unit owner and on behalf of all others similarly situated (comprising some 220 unit owners) as a class action pursuant to Section 718.111(2), Florida Statutes (1977) and Florida Rule of Civil Procedure 1.220(b)....

...This petition for writ of certiorari is to review the trial court's denial of this motion. In Avila South Condominium Association v. Kappa Corporation, 347 So.2d 599 (Fla. 1977), the Florida Supreme Court held that section 711.12(2), Florida Statutes (1975), and section 718.111(2), Florida Statutes (Supp....

...In a proceeding by or in the right of someone other than the corporation or a shareholder, recklessness or an act or omission which was committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. [1] See §§ 718.111(1)(a); 718.113(1), Fla....

...It did not address issues of contract interpretation. [3] Based upon a stipulation prepared by the parties after summary judgment using the calculations required by the summary judgment, the court entered a judgment for damages of $50,980,226.64. [4] The suit was brought before the adoption of § 718.111(3), Fla....

...bylaws, which must be included as an exhibit in the recorded declaration. § 718.112(1)(a), Fla. Stat. (1987). A condominium association has the power to make and collect assessments, and to lease, maintain, repair, and replace the common elements. § 718.111(4), Fla....

...common expense by this chapter, the declaration, the documents creating the condominium, or the bylaws." § 718.115(1), Fla. Stat. (1987). Condominium associations may also sue or be sued with respect to the exercise or non-exercise of their powers. § 718.111(3), Fla....

...tion of condominium and bylaws of the association, which are authorized by chapter 718, Florida Statutes. The unit owners elect the officers and directors of the association, and those officers and directors have a fiduciary duty to the unit owners. § 718.111(1)(a), Fla....

...inium documents must be consistent with the Condominium Act. Towerhouse Condominium, Inc. v. Millman, 475 So.2d 674, 676 (Fla. 1985); Rothenberg v. Plymouth No. 5 Condo. Ass'n, 511 So.2d 651, 651 (Fla. 4th DCA), review denied, 518 So.2d 1277 (1987); § 718.111(2), Fla....

...Thus, the trial court's focus was misplaced when it denied the injunction because there was a question as to whether the excavation and rebar work was necessary. However, in order to access Hampton's unit to perform the repairs, Hollywood Towers was obligated to show that such access was necessary. See § 718.111(5), Fla....

...er. Reversed and Remanded. FARMER and HAZOURI, JJ., concur. NOTES [1] Although the association's declaration of condominium does not restrict access to those occasions when it is necessary for maintenance, repair, or replacement of a common element, section 718.111(5) expressly limits the association's access to that which is necessary. See § 718.111(2), Fla....

...whether Lanca can act as class representative. On cross-appeal, Park Owner raises a single issue: whether the counterclaim itself is maintainable as a class action. The statute clearly is unconstitutional. This Court in Avila declared that sections 718.111(2), Florida Statutes (Supp....

...t... . § 723.079(1), Fla. Stat. (1985) (emphasis added). And the 1976 statute says: [T]he association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all unit owners concerning matters of common interest... . § 718.111(2), Fla....

...records did not contemplate furnishing every resident of every condominium a mailing list of every other person in the condominium. This appeal then followed. The sole question presented by this appeal is whether the trial court erred in construing § 718.111(7), Florida Statutes (Supp. 1976), formerly § 711.12(7), F.S., from prohibiting condominium owners from copying information contained in records kept by the condominium association. Section 718.111(7), F.S., provides in pertinent part: "The association shall maintain accounting records for each condominium it manages in the county where the condominium is located, according to good accounting practices....

...condominium), and to enact by-laws for its self-governance. See Sections 718.110 and 718.112, Florida Statutes (1979). In other words, the will of the unit owners is paramount and the directors are charged with a fiduciary duty to implement it. See Section 718.111(1), Florida Statutes (1979)....

...This case, however, is not so simple because (a) each policy contains a provision requiring that it be amended to “conform” to any conflicting statutes of. the State where the property is located; and (b) River Manor claims that Citizens’ exclusions “conflict” with section 718.111(11), Florida Statutes (2005), because that statute — and in particular subsection (ll)(b)— requires insurers that issue condominium policies to provide coverage for “[a]ll portions of the condominium property located outside the units,” and “[a]ll portions of the condominium property for which the declaration of condominium requires coverage by the association.” § 718.111(ll)(b), Fla....

...There is no doubt that River Man- or’s properties are located in Florida, and the exclusions are “terms” that the conformance clauses would require be amended if in “conflict” with the statutes of this State. The only question is whether the exclusions in fact conflict with section 718.111(ll)(b). 1 Finding that section *849 718.111(11)(b) in fact imposes a mandatory insurance obligation on carriers, and that a “conflict” therefore existed between Citizens’ policy “exclusions” and the statute, the trial court granted summary judgment — and thereafter entered...

...sed in the appraisal, less the amounts previously paid. Our review of an order granting summary judgment is also de novo. See DeLeon v. Dollar Tree Stores, Inc., 98 So.3d 96, 97 (Fla. 4th DCA 2012). Citizens’ Policy Exclusions Do Not Conflict With Section 718.111(ll)(b), Florida Statutes (2005) In matters of statutory construction it is fundamental that “legislative intent is the polestar by which the court must be guided-” State v....

...y language leads to absurd or unreasonable conclusions ... a court will look beyond the ordinary meaning of the statutory language.”) (citing Weber v. Dobbins, 616 So.2d 956 (Fla.1993)). Mindful of these principles we now turn to an examination of section 718.111(ll)(b), Florida Statutes (2005), in order to ascertain whether, as River Manor contends, it creates mandatory insurance coverage which conflicts with Citizens’ exclusions. Before reviewing the precise language of the particular subsection at issue, we first observe that section 718.111 is contained within Chapter 718, aptly titled the “Condominium Act,” the purpose of which is to give statutory recognition to the condominium form of ownership of real property and establish procedures for the creation, sale and operation of condominiums. See § 718.102, Fla. Stat. (2005). As its title suggests, the “Condominium Act” regulates condominiums — not insurance companies. Furthermore, section 718.111 is titled “The association,” and each of its subsections regulate the activities of thát “Corporate entity.” See § 718.111(1), Fla. Stat. (2005). The statute, for example, establishes how the association shall be constituted, see § 718.111(l)(a)-(c); the powers and duties of the association, see § 718.111(2)-(14), including the association’s rights to own and convey property, see § 718.111(7)(a); and the association’s right to purchase land, leases, and condominium units. See § 718.111(8)-(9). The subject matter of this statute is clearly the regulation of condominium associations, as its title suggests. The fact that section 718.111 is contained within the “Condominium Act”— which regulates only condominiums — and that section 718.111 is aimed squarely at condominium “associations,” suggests that the objective of subsection 11 is not to further regulate the business of insur- *851 anee — an industry extensively regulated elsewhere — but rather to impose certain insurance-related obligations on the association and its board....

...2 The statute, read as a “cohesive whole,” reflects a purpose of governing condominium associations, not insurers. See Harris, 772 So.2d at 1287 . This contextual interpretation is reinforced by a textual examination of the particular subsection at issue. Subsection (ll)(a) of section 718.111 requires that a unit-owner controlled association, such as River Manor, use its “best efforts to obtain and maintain adequate insurance to protect the association, the association property, the common elements, and the condominium �...

..., if the original plans and specifications are not available, as they existed at the time the unit was initially conveyed; and 3. All portions of the condominium property for which the declaration of condominium requires coverage by the association. § 718.111(ll)(b), Fla. Stat. (2005). This delineation of required coverage is “intended to establish the property or casualty insuring responsibilities of the association and those of the individual unit owner_” § 718.111(ll)(b)3., Fla....

...21, 2011) (rejecting a claim that condominium association’s board breached its fiduciary duty by failing to use its “best efforts” to obtain insurance for marina and boat slips, as no evidence suggested that such coverage “was available for purchase in the marketplace” at the relevant time). We appreciate that section 718.111(ll)(b) does say that “every hazard insurance policy issued or renewed on or after January 1, 2004 ......

...it says, and says what it means. If an insurance carrier wants to issue a condominium policy in this State, it must provide all the specified coverage, end of story. We are convinced, however, that such a literal reading of one isolated sentence in section 718.111(ll)(b) does not reflect the intent of the statute when consideration is given to “the language used, the subject matter, the purpose designed to be accomplished, and all other relevant and proper matters.” Badaraco, 676 So.2d at 503 . We therefore hold that when considered as a cohesive whole, section 718.111(11), Florida Statutes (2005), is intended to regulate the insurance obligation of condominium associations by: (a) specifying the items that the association is responsible for covering versus the items that the unit owners are respons...

...of the appraisers. 5 *855 Finally, we reject Citizens’ claim that it properly removed amounts from the appraisal award that represent loss to property the unit owners — as opposed to the River Manor — were responsible for insuring pursuant to section 718.111(11), Florida Statutes....

...These are issues that clearly could have — and should have — -been presented to the appraisers via a motion to clarify and/or amend the award. . We assume Citizens advanced this particular argument in the alternative to its claim that its policies — and not § 718.111(11)- — dictate the terms of coverage, and that it was not attempting to have it both ways.

...dual capacity, absent fraud, criminal activity or self-dealing/unjust enrichment. Florida condominium associations are just one classification of Florida corporations and are governed by several chapters of the Florida Statutes. The Condominium Act, Section 718.111(2), Florida Statutes (1995), provides that "[t]he powers and duties of the [condominium] association include those set forth in this section......

...The court reasoned that pursuant to the definitions in sections 718.103(10) & (11), Florida Statutes (1991), condominium unit owners own an undivided share in the common elements and therefore must be real parties in interest under Florida Rule of Civil Procedure 1.210(a). Moreover, section 718.111(3), which conferred on a condominium association certain powers to sue, preserved the unit owner's statutory and common law right to bring any action without participation by the condominium association....

...Any damages caused to the common elements necessarily affects Carlandia's property interest. Nonetheless, Flagler and Rogers & Ford argue that the Legislature effectively denied Carlandia standing by transferring the right to sue over the common elements from unit owners to the condominium association in section 718.111(3), [4] thereby designating the *1353 condominium association as the only real party in interest, hence the only party with standing, in suits concerning the common areas or common elements. We disagree. The plain language of section 718.111(3) says nothing about designating the condominium association as the exclusive holder of the right to sue over the common elements....

...e. Id. Additionally, the statute contains an express reservation of rights clause that reserves to the unit owners the "statutory or common-law right ... to bring any action without participation by the association which may otherwise be available." § 718.111(3), Fla....

...ervene); Breslerman v. Dorten, Inc., 362 So.2d 37 (Fla. 3d DCA 1978) (unit owner may bring class action on behalf of similarly situated unit owners even where condominium association is not a party). This scheme of condominium law, as implemented in section 718.111(3) and rules 1.221 and 1.210(a), remains largely unchanged today....

...uilding code violations under sections 553.73 and 553.84, Florida Statutes. Carlandia charged Rogers with breach of statutory warranty implied in chapter 713, negligent construction, and building code violations under sections 553.73 and 553.84. [4] Section 718.111(3), Florida Statutes (1991), provides: (3) POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT, SUE, AND BE SUED....

...1977), which involved the disgorging of profits secured through self-dealing by the directors at the expense of the association, and B & J Holding Corp. v. Weiss, 353 So.2d 141 (Fla. 3d DCA 1977), in which the directors failed to comply with the duty to collect assessments imposed by the condominium law, Section 718.111(6), Florida Statutes (1981) are decisively distinguishable from this case, in which no cognizable breach of a common law, statutory, or contractual duty is alleged....

...is unrealistic in light of the fact that the Association, through its Board of Directors, is vested with the power under other relevant statutes and pertinent by-laws of the condominium to deal with matters relating to management of the condominium. Section 718.111(4), Florida Statutes (1977), provides in whole: The powers and duties of the association include those set forth in this section and those set forth in the declaration and bylaws, if not inconsistent with this chapter. Sections 718.111(1) and (2) read in pertinent part: (1) The operation of the condominium shall be by the association......

...rguments which were made by the appellee in the trial court. We briefly consider the same points. First, the power to manage condominium property and to sue with respect to the exercise of such power is expressly granted a condominium association by section 718.111(3), Florida Statutes (1985), and Florida Rule of Civil Procedure 1.221, which provide in identical language: [T]he association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all unit owners con...

...rporation. Therefore since the declaration, including the articles of incorporation, provides that article II cannot be amended without the unanimous approval of the then members of the corporation, the action of Beau Monde cannot be sustained under section 718.111(12), Florida Statutes (1979), as advocated by the appellants....

...ns. See Lanca Homeowners, Inc. v. Lantana Cascade of Palm Beach, Ltd., 541 So.2d 1121 (Fla. 1988), cert. denied, 493 U.S. 964, 110 S.Ct. 405, 107 L.Ed.2d 371 (1989); Avila South Condominium Ass'n v. Kappa Corp., 347 So.2d 599 (Fla. 1977); see also §§ 718.111, .112, .113, .114,.116, Fla....

...Washington State Apple Advertising Comm'n, 432 U.S. 333, 343, 97 S.Ct. 2434, 2441, 53 L.Ed.2d 383 (1977). [5] Washingtonian Apartment Hotel Co. v. Schneider, 75 So.2d 907 (Fla. 1954); Moore v. Stevens, 90 Fla. 879, 106 So. 901 (1925). [6] § 711.12(2), Fla. Stat. (1975); § 718.111(2), Fla....

...tion against a condominium association as representative of the class of unit owners. However, in light of The Florida Bar, 353 So.2d 95 (Fla. 1977), it is clear that the Supreme Court has recognized and acknowledged that by enacting Florida Statute section 718.111(2) (Supp....

...The Florida Bar case was a petition filed by The Florida Bar acting through its Civil Procedure Rules Committee to modify Fla.R.Civ.P. 1.220(b) (presently Fla.R.Civ.P. 1.221). In denying the petition, the Supreme Court disagreed with the petitioner's assertion that in view of the enactment of section 718.111(2), the rule was unnecessary....

...Dome seeks a declaratory judgment as to six points, namely that (1) the Insurance Contract is valid and enforceable; (2) pursuant to the terms and conditions of the Insurance Contract, Dome has a valid and enforceable right to coverage; (3) pursuant to the Insurance Contract and section 718.111(11) of Florida Statutes, Dome has a right to coverage for damages to Dome's windows and sliding-glass doors; (4) determines the total amount of loss and damages caused by Hurricane Wilma; (5) Dome be awarded supplemental relief to ful...

...As noted in the statute, the right to exercise this implied warranty belongs to the unit purchaser, i.e., the unit owner. A separate statutory section within the same chapter specifically grants to condominium associations the power to file lawsuits on behalf of the unit owners in matters of common interest: 718.111 The association....

...If the association has the authority to maintain a class action, the association may be joined in an action as representative of that class with reference to litigation and disputes involving the matters for which the association could bring a class action. § 718.111(3), Fla. Stat. (1987) (emphasis added). See also Fla.R.Civ.P. 1.221. Section 718.111's grant of power to associations to sue on behalf of unit owners is plainly and broadly worded and we see no reason to give this provision a cramped reading....

...In fact, this Court has rejected the argument that "an association is identical to and standing in the place of the unit owner." Century Village, Inc. v. Wellington, E, F, K, L, H, J, M, & G, Condominium Ass'n, 361 So.2d 128, 133 (Fla. 1978). So although section 718.111(3) provides, as emphasized by the majority, that "the association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all unit owners concerning matters of common interest," it neither accords to th...

...The trial court granted the Association's amended motion for summary judgment and concluded that although the Association had the power to prevent the flower shop from utilizing the parking spaces for its cooler, it did not have the duty to do so. [1] The trial court further concluded that section 718.111(4), Florida Statutes (1999), gave the Association the authority to lease a portion of the common element parking spaces for the exclusive use of a unit owner....

...Articles of Incorporation, and these Bylaws. It is clear that the Association had the authority to lease a portion of the common element parking spaces. The declaration of condominium expressly provides the Association with such authority. Moreover, section 718.111(4), Florida Statutes (1999), provides in pertinent part that "[t]he association has the power to make and collect assessments and to lease, maintain, and replace the common elements...." See also Juno by the Sea N....

...ng the matters for which the association could bring a class action. Nothing herein limits any statutory or common-law right of any individual unit owner or class of unit owners to bring any action which may otherwise be available. [Emphasis added.] § 718.111(2), Fla....

...That case makes it clear that a class action is proper where discrimination against the class is alleged. On the basis of this "common interest" it can be inferred that in such a case the condominium association would be a permissible plaintiff pursuant to Section 718.111(2), Florida Statutes (1981) and Rule 1.221, Florida Rules of Civil Procedure....

...tters affecting the condominium. The Association must purchase insurance "for the benefit of the Association, the Unit Owners and their respective mortgagees, as their interest may appear...." Declaration of Condominium ¶ 14.1 (emphasis added); see § 718.111(11), Fla.Stat....

...nses. However, the Association can only exercise those powers granted in its declaration of condominium and by-laws which are not inconsistent with the Condominium Act. See Towerhouse Condominium, Inc. v. Millman, 475 So.2d 674 *652 (Fla. 1985); and Section 718.111(4), Florida Statues (1983)....

...rred by the association for the condominium. Section 718.103(7), Florida Statutes (1983). A condominium association may incur only those expenses which directly relate to the operation, maintenance, repair or replacement of the condominium property. Section 718.111, Florida Statutes (1983)....

...e interests in recreational facilities. Section 718.114, Florida Statutes (1983). In the instant case, the bus transportation service is not condominium property nor is it a recreational facility. As such, it does not fall within the realm of either section 718.111 or section 718.114, Florida Statutes (1983), and therefore, the Association does not have the power to assess the cost for this service as a common expense against the unit owners....

...We also affirm on two of the three issues raised by the Hobbses in the appeal. We reverse, however, on the third issue in the appeal which relates to the Hobbses' claim in count VI of their complaint that Grenelefe failed to comply with the requirements of section 718.111(12)(a)(11)(b), Florida Statutes (2001), concerning Grenelefe's accounting records....

...accounting records be maintained "for each unit." We conclude that the trial court erred in granting an involuntary dismissal—pursuant to Florida Rule of Civil Procedure 1.420(b)—of this claim after the presentation of the Hobbses' case at trial. Section 718.111(12) sets forth requirements concerning the maintenance of the official records of condominium associations....

...Among the required records are: "A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid upon the account, and the balance due." § 718.111(12)(a)(11)(b) (emphasis added)....

...Grenelefe and the directors took the position—which apparently was accepted by the trial court—that although Grenelefe did "not maintain an individual account for each unit," the summary accounting records were sufficient to comply with the requirements of section 718.111(12)(a)(11)(b)....

...Grenelefe's position is, however, inconsistent with the plain language of the statute which requires that account information be maintained " for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid upon the account, and the balance due." § 718.111(12)(a)(11)(b)....

...(Lennar), appeals a declaratory statement issued by the Department of Business and Professional Regulation, Division of Land Sales, Condominiums and Mobile Homes (Division), ruling that a mandatory arbitration provision in a condominium purchase and sale agreement is prohibited by sections 718.111(3), 718.303 and 718.506, Florida Statutes (2002), and that the arbitration language in Lennar's agreement is void as against public policy....

...sion requiring that disputes between Lennar and a condominium purchaser be resolved by binding arbitration. [1] Pursuant to section *52 120.565(1), Lennar filed a petition for declaratory statement seeking the opinion of the Division as to whether §§ 718.111(3), 718.303, and 718.506, Florida Statutes, or any other provision of Chapter 718, Florida Statutes, prohibit a mandatory and binding arbitration provision requiring mandatory and binding mediation and arbitration of disputes between a pur...

...The Division found that such an arbitration provision is prohibited. After reviewing the disputed binding arbitration language in Lennar's purchase contract, the Division ruled that it exceeded and contradicted the prescribed statutory remedies and was void as against public policy. Generally, sections 718.111(3), 718.303 and 718.506 grant a condominium purchaser causes of action for rescission or damages against a developer for the publication of false and misleading disclosures in any sales materials, authorize the condominium association or unit...

...I cannot agree with either of these conclusions, and therefore dissent. As to the first of the two reasons given for reversal, the majority, in my judgment, mischaracterizes the Division's dispositive ruling, which addressed only the developer's petition asking for an interpretation of whether sections 718.111(3), 718.303, and 718.506, Florida Statutes (2002), prohibit certain provisions in its proposed contract requiring mandatory mediation and binding arbitration of disputes between a purchaser of a condominium unit and the developer....

...nd conclusions of law, it is DECLARED that Lennar's proposed declaration of condominium or purchaser contract may not contain the proposed mandatory mediation and binding arbitration provisions because these provisions are inconsistent with sections 718.111(3), 718.303 and 718.506, Florida Statutes, and therefore, prohibited by section 718.104(4)(m), Florida Statutes....

...ct. Although nothing in chapter 718 expressly prohibits arbitration, nothing in the three statutes, which the Division examined for a determination of consistency with Lennar's documents, expressly states that arbitration is authorized. For example, section 718.111(3), relating to the powers of condominium associations, provides in part that an association "may ......

...[5] The parties do not argue, and therefore we do not address, whether under the 1996 and 1999 amendments to Florida's Administrative Procedure Act regarding the scope of agency rulemaking authority, see sections 120.52(8) and 120.536(1), sections 718.111(3), 718.303 and 718.566 provide the Division with the rule-making authority to prohibit arbitration....

...Bramson, 446 So.2d 164 (Fla. 2d DCA), rev. denied, 453 So.2d 43 (Fla. 1984), and Towerhouse Condominium, Inc. v. Millman, 410 So.2d 926 (Fla. 3rd DCA 1981). Defendants argue that these cases were overruled on October 1, 1984, when Florida Statutes Section 718.111(7) went into effect....

...With respect to the condominium buildings, its responsibility is limited to the exterior maintenance, and unlike a condominium association, it does not have the irrevocable right of access to each unit for repair or protection of the common elements, § 718.111(5); it does not have the power to lease the common elements, or to maintain or make repairs to the common elements beyond the exterior surfaces of the buildings, § 718.111(6); it does not have the power to purchase units in any condominium and hold, convey, lease or mortgage them, § 718.111(8); it is not required to maintain any insurance to protect the common elements of any of the condominiums, § 718.111(9); and it does not have the power to purchase the recreation lease to which all residents of the project are bound. § 718.111(12)....

...eding from disclosing communications made during such proceeding. There is nothing in the statute that precludes parties from disclosing such communications to other parties, whether they were present at the mediation proceeding or absent therefrom. Section 718.111(3), Florida Statutes (2001) authorizes condominium associations *919 to institute and resolve various lawsuits on behalf of all unit owners....

...per to have disclosed mutually privileged mediation communications to the co-holders of the privilege, the real parties in interest, i.e., the unit owners. As a result we reverse the trial court's order imposing sanctions on the developer. NOTES [1] Section 718.111(3) makes it clear that a unit owner may opt out of such litigation and bring her/his own lawsuit....

...atute only applied to contracts between the association and a third party. We disagree. The condominium statute contemplates that the operation and management of the condominium will be conducted by the condominium association. Sections 718.103(18); 718.111(1)(a), Fla....

...First, the purpose of the agreement is to provide essential services to the condominium, as the declaration itself states. To the extent that the MMF provides services necessary to the operation of the condominium it supplants the authority of the Associations to operate the condominium, contrary to the provisions of the § 718.111(1)(a), Florida Statutes (1991)....

...[e.s.] The right to access to a condominium unit for the purpose of maintaining or repairing common elements or for making emergency repairs necessary to prevent damage to the common elements or to another unit or units is granted to condominium associations pursuant to Section 718.111(5)....

...of Chapter 718." The Division counters that although a constituency test may be employed, as it was in Raines, to defeat condominium association status, it does not confer such status. The litmus test, they argue, relying on Sections 718.103 [5] and 718.111, [6] is not a constituency test but a function test, i.e., whether the entity operates a condominium or has sufficient powers that constitute condominium operation....

...(11) "Condominium property" means the lands, leaseholds, and personal property that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium. [6] Section 718.111, which defines the powers and duties of a condominium association, states in pertinent part: (1) The operation of the condominium shall be by the association, which must be a corporation for profit or a corporation not for profit......

...iation has been doing. It is undisputed that Unit 101 is a living unit, title to which is, and has been, vested in the association, subject to a purchase money mortgage. Thus, Unit 101 is clearly not a part of the common elements of the association. Section 718.111(9), Florida Statutes, authorizes an association to purchase units within the condominium and to mortgage them unless prohibited in either the declaration, articles of incorporation or by-laws....

...Golden Surf Towers Condominium, 623 So.2d 507 (Fla. 4th DCA 1993). Rosso maintains that he properly refused to pay any monthly fee because no fee for the use of common elements was permitted under the Condominium Act. Ch. 718, Fla. Stat. (1993). We disagree. Subsection 718.111(4), entitled Assessments; Management of Common Elements, expressly provides: The association has the power to make and collect assessments and to lease, maintain, repair, and replace the common elements; however, the association may n...

...usive use of the common elements or association property. We reject Rosso's contention that this section applies only to limited common elements. See § 718.103(16), Fla. Stat. (1993). Both parties agree the dock was a common element. Pursuant to subsection 718.111(4), the association had the power to lease its common elements and to charge a fee for the exclusive use....

...fee charged related to expenses incurred. Although Rosso challenged the legality of the association assessing any fee, he is correct only to the extent that no fee could be legally assessed unless the association complied with the requirement of subsection 718.111(4) and its own bylaws....

...f the dock space was related to "expenses incurred by an owner having exclusive use of the common elements or association property." Accordingly, an issue of material fact remains as to whether the association's use fee satisfies the requirements of section 718.111(4), precluding the entry of summary judgment on the claim for unpaid license fees....

...In addition, although the association was entitled to charge a fee for the exclusive use of the dock space by the Rossos, the method employed in charging the fee must also comply with the association's own bylaws. The association's 1989 bylaws provide, in pertinent part: As provided in Section 718.111(4) (1987) of the [Condominium] Act which states, no fee shall be charged for temporary use of such docks by an owner....

...Our conclusion is further supported by the fact that the Legislature has enacted an almost identical provision for condominium associations which requires condominium associations to mail or personally deliver copies of financial reports to each of its unit owners. See § 718.111(13), Fla....

...the fiscal or calendar year or annually ... the board of administration of the association shall mail or furnish by personal delivery to each unit owner ... a complete financial report of actual receipts and expenditures for the previous 12 months. § 718.111(13), Fla....

...Id. at 5. In answering the certified question in the affirmative, the Florida Supreme Court noted that "unit owners elect the officers and directors of the association, and those officers and directors have a fiduciary duty to the unit owners (citing § 718.111(1)(a), Fla.Stat....

...veloper unit owners, as the Division director suggests in his final order. For example, until the non-developer unit owners control the association, the association may not institute, maintain, settle or appeal actions in its name on its behalf. See section 718.111(3), Florida Statutes....

...cer's recommended order), where "developer" includes original developer and transfer cannot occur if the original developer still owns units, transfer of control could never occur under sections 718.301(1)(a), (b), (c) and (d). Also, we note that in section 718.111(3) the statute provides that until the unit owners other than the developer obtain the control of the association, they cannot pursue *163 legal action against the developers for misrepresentations....

...of the unit owners and of the association which is held or controlled by the developer, including, but not limited to, the following items, if applicable, as to each condominium operated by the association: (emphasis supplied). [3] In pertinent part Section 718.111(3) Florida Statutes (1985) provides: (3) POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT, SUE, AND BE SUED — The association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers....

...n granted the motion to dismiss with prejudice. [1] From that order, this appeal ensued. *85 The appellant condominium association maintains that it is entitled to bring this action on its own without joining individual condominium owners based upon section 718.111(3), Florida Statutes (Supp. 1986), which empowers a condominium association, among other things, to "protest[] ad valorem taxes on commonly used facilities and on units." BCA further claims that, according to the language of section 718.111(3), a condominium association is entitled to maintain a suit contesting tax assessments on individual units that it does not own....

...The relevant portion of that section states: "Statutes that relate to the same person or thing, to the same class of persons or things, or to the same or a closely allied subject or object, are regarded as in pari materia. Such enactments should be construed together and compared to each other." Here, the language of section 718.111(3) to be construed concerns the bringing of suits contesting ad valorem tax assessments....

...payers as party plaintiffs when their tax assessments are challenged and at issue. See Department of Revenue v. Florida Mun. Power Agency, 473 So.2d 1348, 1350 (Fla. 1st DCA 1985), review denied, 482 So.2d 347 (Fla. 1986). Nothing in the language of section 718.111(3) negates the application of section 194.181. In fact, section 718.111(3) states that "[n]othing herein limits any statutory or common-law right of any individual unit owner or class of unit owners to bring any action which may otherwise be available." Thus, it is necessary to read section 718.111(3) as it applies to the condominium association's power to contract, sue and be sued, in pari materia with section 194.181 and its requirement that any taxpayer whose assessment is contested be joined as a party....

...The second issue to be determined is whether the legislature intended that a condominium association could be a plaintiff in ad valorem tax suits which contest assessments on individual units. The appellant condominium association contends that it may maintain the action and points to the language of section 718.111(3) which grants the association power to: "protest[] ad valorem taxes on commonly used facilities and on units." [2] In addition to the *86 statutory language, Bal Harbour 101, 502 So.2d at 1312 and Greens of Inverrary Condominium Ass'n v....

...While neither case directly addressed the issue, the condominium associations were not denied standing in either case. Thus, according to the clear language of the statute and the granting of standing to the condominium associations in the cited cases, section 718.111(3) permits a condominium association to be a party to such suits. Nevertheless, the condominium association's right to standing in ad valorem tax suits contesting assessments on individual units not owned by the association is limited by other language of section 718.111(3)....

...e, maintain, settle, or appeal actions or hearings in its name on behalf of all unit owners concerning matters of common interest (emphasis added), included but not limited to ... protesting ad valorem taxes on commonly used facilities and on units. § 718.111(3), Fla....

...rs pursuant to section 194.181(1)(a) and as a defendant, the executive director of the Florida Department of Revenue, pursuant to section 194.181(5). BCA also erred by its failure to allege a common interest of all plaintiffs as required pursuant to section 718.111(3)....

...ry taxes had been paid. We also note that the defendant Dade County officials did not discuss this issue in their brief. We find it unnecessary to reach this issue in arriving at our decision. [2] It is interesting to note the legislative history of section 718.111(3) as it pertains to the addition of the words "and on units." In the 1984 edition of Laws of Florida, the words "and units" are added as new language....

...Count three likewise broadly mentions the association without specifying the wrong committed by each defendant. Count one improperly alleged the association breached a fiduciary duty to its unit owners even though as a corporate entity, it does not have a duty to its unit owners. See § 718.111(1), Fla....

...high-rise. The complex is operated, managed, and maintained by the association. The association is a nonprofit corporation. The owners of each individual unit of the complex are, as required by statute, shareholders of the corporate association. See § 718.111(1)(a), Fla....

...tion," strictly governs the relationships among the condominium unit owners and the condominium association.' Woodside Vill. Condo. Ass'n v. Jahren, 806 So. 2d 452, 456 (Fla. 2002). The powers of a condominium association include those set out in section 718.111, Florida Statutes (2012), and, except as expressly limited or restricted by the Condominium Act, those set forth in the declaration of condominium, the bylaws of the association, and the applicable provisions of the state corporations law. § 718.111(2), Fla....

...Apts. § 122 (2012)."). A condominium association may sue "with respect to the exercise or nonexercise of its powers," which "include, but are not limited to, the maintenance, management, and operation of the condominium property." § 718.111(3); see also 10 -6- Fla....

...And "[a]fter control of the association is obtained by unit owners other than the developer, the association may institute . . . actions or hearings in its [own] name on behalf of all unit owners concerning matters of common interest to most or all unit owners." § 718.111(3). "At the time that unit owners other than the developer elect a majority of the members of the board of administration of an association, the developer shall relinquish control of the association, and the unit owners shall accept control." § 718.301(4)....

...4th DCA 1992) (affirming final judgment in favor of association and against condominium developer where developer breached the bylaws while in control of the association). The Association could have been a party to the original litigation based on the language of section 718.111 or through the filing of the lawsuit on behalf of the Association by the Developer, but it was not....

...oration Act,” is generally subject to its laws. § 617.1703, Fla. Stat. The members of these associations are the condominium unit owners, and the officers and directors of the associations owe these members certain fiduciary responsibilities. See § 718.111, Fla....

...Id. Since Avila, many unit owners alleging injuries common to others have found success in court, but these suits largely fall into two categories: those seeking equitable relief and those brought in a representative capacity. 3 We note that although both sections 718.111 and 718.303 have been repeatedly amended since 1976, there have been no changes relevant to the issues before us, and Iezzi does not contend otherwise. 5  Many courts have permitted condominium unit owne...

...Instead, it summarily argued that the damage to this property was caused by a CGCC and thus must be covered. In fact, Florida law makes it clear that property insurance issued to a condominium complex does not cover property within individual units. Section 718.111(11)(f) of the Florida Statutes covers insurance for condominium associations....

...imilar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit . Such property and any insurance thereupon is the responsibility of the unit owner . Fla. Stat. § 718.111 (11)(f) (emphasis added)....

...Before SCHWARTZ, C.J., HUBBART, J., and SHARP, WINIFRED J., Associate Judge. SHARP, WINIFRED J., Associate Judge. Tall Trees Condominium Association, Inc. appeals from a final order of the Division of Florida Land Sales and Condominiums ("Division"), finding that appellant violated section 718.111(7), Florida Statutes (1983), and assessing a civil penalty of $5,000.00....

...w the complainant to inspect the financial records. Indeed, the record affirmatively shows otherwise. Appellant responded quickly to the complainant's initial request, opened the receipts and expenditures records (those records specifically named in § 718.111[7]) for his inspection, and was in the process of responding to the complainant's request for additional records when the Division decided to proceed against appellant for its denial of the complainant's request to inspect....

...ithin seven days, stating as its reason for doing so that on June 8, 1983, complainant had asked to see "all financial records not in the possession of the court." In fact, complainant's June 8th letter asked to see "all of the records authorized by § 718.111(7)." These records were given to and inspected by the complainant.

...(d) The property and installations required for the furnishing of utilities and other services to more than one unit or to the common elements. (2) The declaration may designate other parts of the condominium property as common elements. (Emphasis added). Under section 718.111, titled “The association,” subsection (4) provides: (4) ASSESSMENTS; MANAGEMENT OF COMMON ELEMENTS....

...reparable harm if Defendants are not enjoined from continuing to sell timeshares using their current methods and if Defendants are not enjoined from continuing to impose inflated management and maintenance fees. Count II alleges that Florida Statute § 718.111(1)(a) provides that officers and directors of condominium associations have a fiduciary relationship to owners and that FairShare has breached its fiduciary duties to Plaintiffs....

...stinct from insurance. See State Farm Mut. Auto. Ins. Co. v. Universal Atlas Cement Co., 406 So.2d 1184, 1186 (Fla. 1st DCA 1981) (self-insurance does not fall within definition of insurance). Self-insurance is regulated by statute, e.g., Fla. Stat. § 718.111(11)(a)(2), and by the Florida Department of Insurance....

...“The powers and duties of the association include those set forth in this section and, except as expressly limited or restricted in this Chapter [Chapter 718], those set forth in the declaration and bylaws and chapters 607 and 617, as applicable.” § 718.111(2), Fla....

...Review of the complaint as refiled discloses that plaintiffs state a valid cause of action for a class action. Port Royal, Inc. v. Conboy, 154 So.2d 734 (Fla. 2d DCA 1963); Costin v. Hargraves, 283 So.2d 375 (Fla. 4th DCA 1973). Further, we hold that Section 718.111, Florida Statutes (1977), does not prohibit a condominium unit owner from bringing a class action on behalf of all unit owners of the condominium similarly situated....

...Ridge Groves Condominium Association appeals a final judgment adjudicating various claims and counterclaims between itself and Association member Michael Misserville. Misserville sued the Association, alleging among other things that it violated section 718.111(12)(c), Florida Statutes (2009), by failing to provide requested records....

...I will call you for the appointment time in the next 5 days." Misserville signed and submitted the request but never called for the appointment. Nevertheless, Misserville maintained that the Association violated the statute because it did not deliver the requested documents to him. Section 718.111(12)(c) grants condominium association members a general right to inspect and copy any association record not expressly excluded by the statute. See § 718.111(12)(c)(1)-(4). An association's failure to provide records within ten working days of a written request creates a rebuttable presumption that the association willfully failed to comply with section 718.111(12)(c). Under the statute, a member who is "denied access" to association records may recover damages for the association's willful failure to comply. § 718.111(12)(c)....

...The trial court's conclusion that the Association failed to comply with Misserville's records request was unsupported by evidence or law. -3-  We reverse that portion of the final judgment wherein the trial court ruled that the Association violated section 718.111(12)(c)....

...An issue is not genuine if it is unsupported by evidence, or if it is created by evidence that is "merely colorable" or is "not significantly probative." Anderson, 477 U.S. at 249-50. I. Extending elevator access to the eleventh floor does not constitute maintenance of the common elements Pursuant to Florida Statute § 718.111, a Florida condominium association has a statutory duty to "maintain the common elements." [4] Based on this duty to maintain the common elements, the underpinning of Coletta's prayer for damages and equitable relief is that extension of the elevator to the eleventh floor constitutes such maintenance....

...Accordingly, Debtor is entitled to summary judgment on Coletta's maintenance claim. Extension of the elevator does not fall within the Debtor's duty to maintain the common elements. It follows then that Coletta's claim for damages under Florida Statute § 718.111 fails as a matter of law....

...[3] Although an amusing read with possible late-night cable movie potential, the Affidavit of Horace Anthony Fonseca, attached as Exhibit "8" to the Response and Cross Motion for Summary Judgment, has little relevance to this matter. [4] Florida Statute § 718.111 provides that "[t]he association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers. For these purposes, the powers of the association include, but are not limited to, the maintenance, management, and operation of the condominium property." F.S.A. § 718.111(3)(2006)....

...Rule 1.222 was modeled on rule 1.221, which permits similar actions by condominium associations. There is, however, a considerable difference between a condominium association and the typical mobile homeowners' association. All condominium owners are members of the association. See § 718.111(1)(a), Fla. Stat. (2003). A condominium association usually has significant assets and powers. See § 718.111, Fla. Stat. (2003). The condominium association generally has insurance to protect itself from claims. See § 718.111(11), Fla....

...2 Benedetto Dimitri owns six commercial condominium units located in one of the sub-associations. On March 30, 2015, Dimitri sent the master association a letter requesting the inspection and production of specific documents pursuant to section 718.111(12).1 Months later, Dimitri filed the operative complaint seeking declaratory and injunctive relief (counts one and two) and damages (count three). Dimitri alleged that the master association violated section 718.111(12) when it refused to respond to his request for association documents. He requested the trial court enter an order determining that the master association was subject to chapter 718 – the state’s condominium association statute – and requiring it to “cease and desist from further acts of violation of Section 718.111(12).” In response, the master association asserted that it was not a condominium association subject to the disclosure requirements of chapter 718. Both parties filed motions for summary judgment with the trial court. After a hearing, the trial court reached two conclusions: (1) the current definition of condominium “association,” which was last amended in 1991, did not apply retroactively; and (2) based on the definition that applied when the master 1 Section 718.111(12) provides, in part, that an association maintain its official records and that the records be available for inspection or copying by an association member....

...Access to the records must be provided within ten working days of receipt of the request and “[a] unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply.” § 718.111(12)(c), Fla....

...Similarly we interpret the amendment to overrule the third district's holding in Bonavista Condominium Ass'n v. Bystrom, 520 So.2d 84 (Fla. 3d DCA 1988), in which the third district held the taxpayers/individual unit owners to be indispensable parties as a result of a pari materia reading of sections 194.181 and 718.111(3), Florida Statutes (Supp. 1986). Section 718.111(3) permits, yet limits, a condominium association's right to standing in ad valorem tax suits....

...tative class members after institution of the suit is not inconsistent with rule 1.221. The Florida Bar, 353 So.2d 95, 97 (Fla. 1977) (denying Civil Procedure Rules Committee's petition that rule 1.220(b), now rule 1.221, was unnecessary in light of section 718.111(2), Florida Statutes)....

...nding machines, management and the like. Id. Moreover, under the facts here presented, an easement granted to anyone other than a unit owner cannot be cancelled without the consent or approval of those third parties to whom the easement was granted. Section 718.111(10), Florida Statutes (1985)....

insured by the association,” as required under section 718.111, Florida Statutes (1999). Even assuming the

...inium. In Count I of his complaint, Rose challenged the appointment of two directors to the association’s board of directors because neither held a valid record title interest, and he sought a declaration from the court that this was improper. See § 718.111(l)(a), Fla.Stat....

...Johnston sued, requesting that the court issue an injunction prohibiting Islander from denying Johnston immediate access to the proxies. After an evidentiary hearing on the matter, the trial court issued the injunction which directed Islander to permit Johnston to open and inspect the voting proxies as they were received. Section 718.111(12) provides in pertinent part: (12) OFFICIAL RECORDS.— (a) From the inception of the association, the association shall maintain each of the following items, when applicable, which shall constitute the official records of the association: 12....

...4th DCA 2014) (quoting Fredrick v. N. Palm Beach Cnty. Improvement Dist., 971 So. 2d 974, 978 (Fla. 4th DCA 2008)). LEGAL ANALYSIS Under Florida law, “[t]he powers and duties of the association include those set forth in [section 718.111, Florida Statutes,] and, except as expressly limited or restricted in [the Condominium Act], those set forth in the declaration and bylaws and part I of [the Florida Business Corporation Act] and [Florida Not For Profit Corporation Act], as applicable.” § 718.111(2), Fla....

...("fenestrations") is GRANTED. Thus, Defendant's Motion for Summary Judgment on its First Affirmative Defense is DENIED. This Court agrees With Magistrate Judge Goodman that the insurance policy provides coverage over sliding windows and glass doors. Section 718.111(11), Florida Statutes (2003), allocates responsibility for insuring sliding windows and glass doors to the association....

...However, the Court finds no need to allow Royal Bahamian the opportunity to file a sur-response on this distinction. This is because the Court rejects this particular argument for the same reasons it concludes in § III.D.1 below (i.e., that the declaration incorporates section 718.111(11), Florida Statutes (2003)), that *1354 Royal Bahamian was obligated to insure windows and sliding glass doors....

...g glass doors were not among these exceptions. Id. at *6. Royal Bahamian's declaration contains no such exclusion, however. Therefore, I cannot adopt that reasoning because the key document being analyzed is different. Second, Judge Hurley relied on section 718.111(11), [6] Florida Statutes (2003), which allocated insurance responsibilities between condominium associations and individual unit owners....

...Judge Hurley noted that this statute contains a list of items specifically excluded from an association's insurance obligations and that windows and sliding glass doors were not among these exclusions. Though it does not exclude windows and glass sliding doors, Section 718.111(11) likewise does not explicitly identify an association as the party responsible *1360 for insuring these items....

...costs of buildings, the components of building structures, which includes the windows, doors, screens, and sliding glass doors that were initially installed when the building was built even where these are designated as inside the unit's boundaries. § 718.111(11)(a)-(c)....

...without limitation. . . screens, windows, entrance door(s), and all other doors," the association was obligated to insure and pay for repair and replacement of these items due to hurricane damage. DS 2006-028 at ¶¶ 15, 70. The Division stated that section 718.111(11) "controls over any provision to the contrary in a declaration of condominium" and is "deemed to apply to every residential condominium in the state, regardless of the date of its declaration." Id....

...clude an obligation to insure windows and glass sliding doors against hurricane damage. [7] Judge Hurley's conclusion involved a similar lack of an explicit exclusion of this coverage in a similar declaration and the lack of an explicit exclusion in section 718.111(11)....

...Judge Hurley rejected this and instead determined that the ownership provision modified and limited only personal property. From there, Judge Hurley noted that windows and sliding glass doors were not specifically excluded from the association's insurance obligations under its declaration or excluded by section 718.111 (as were several other items)....

...agraph. However, I conclude that an ordinary man would understand "[a]ny other portion of the condominium property" to include windows and sliding glass doors. Similarly, an ordinary man would also understand that these items are insurable. See also § 718.111, Fla....

...However, both in 2003 and today, there existed no such numbered statutory section. Instead, chapter 716 deals with the escheatment of unclaimed money. Moreover, a review of the quoted statutory language in the opinion clearly reveals that the opinion was analyzing section 718.111(11)....

...appurtenant to the unit.” There can be no question but that each unit owner OWNS an undivided share in the common elements and, as such, is a “real party in interest” and “may sue in his own name.” Fla.R.Civ.P. 1.210(a). We also note that section 718.111(3), Florida Statutes (1991), which authorizes a condominium association to sue on behalf of all unit owners, concludes in its ultimate sentence: “Nothing herein limits any statutory or common law right of any individual unit owner ......

and initial management of the Association. See § 718.111, Fla. Stat. In December 2008, Arlington Pebble

...accordance with their fractional shares. In addition, Plaintiffs claim that Defendants Cantor and Slevin breached their fiduciary duty to the unit owners in executing the document entitling them to damages and attorney's fees. YARMOUTH contends that Section 718.111(10) Florida Statutes ( 1983 ) is the controlling law and cites to the court as authority Sun Tide [Suntide] Condominium, Inc....

...gulation, 463 So.2d 314 (Fla. 1st DCA 1984). The Sun Tide case at page 317 states, "the law in existence on the date of recording the Declaration is as controlling as if engrafted into the documents." The Defendants claim that the controlling law is Section 718.111(10) Florida Statutes (1985), which became effective October 1, 1984, eight months prior to the execution of the document at issue....

...any other except those created in the same year. This could not possibly be the intent of the legislature or the Courts of this state. On the testimony and evidence presented, the Court makes the following findings of fact and conclusions of law: 1. Section 718.111(10) Fla. Stat. (1985) is the controlling law as it applies in this case. 2. Section 718.111(2) Fla....

...rocedure 1.221 - 13 -  The Condominium Act provides that an association may institute an action “in its name on behalf of all unit owners concerning matters of common interest to most or all unit owners.” § 718.111(3), Fla....

...rchase of the recreation lease from the developer. The basis of his complaint concerned alleged technical improprieties in the proxies secured from other owners; and the lack of a properly conducted meeting of the association to ratify the contract. Section 718.111(12), Florida Statutes (1981), however, requires only the “approval” of two-thirds of the unit owners to purchase a recreation lease....

...Lakes Association may operate the following listed condominiums as a single condominium for the purposes of financial matters, including budgets, assessments, accounting, record keeping, and similar matters, pursuant to the authority of Chapter 718.111(6) of the Florida Statutes ....

...4th DCA 1995). It is well-settled law that “[a] condominium association has the power to make and collect assessments, and to lease, maintain, repair, and replace 6 the common elements.” Ocean Trail Unit Owners Ass’n, Inc. v. Mead, 650 So. 2d 4, 7 (Fla. 1994) (citing § 718.111(4), Fla....

...and association property, [and the] costs of carrying out the powers and duties of the association.” § 718.115(1)(a), Fla. Stat. Property insurance deductibles and damages in excess of available insurance coverage also constitute common expenses. § 718.111(11)(j), Fla. Stat. In this regard, section 718.111(11), Florida Statutes, entitled “Insurance,” reads: In order to protect the safety, health, and welfare of the people of the State of Florida and to ensure consistency in the provision of insurance coverage to c...

...common expense. . . . All property insurance deductibles and other damages in excess of property insurance coverage under the property insurance policies maintained by the association are a common expense of the condominium . . . . § 718.111(11)(j), Fla....

...entitled to specially assess those expenses necessary to restore “the common elements and association property.” § 718.115(1)(a), Fla. Stat. Such expenses necessarily involve the “maintenance, repair, replacement, or protection” of the elements and property. Id.; see § 718.111(11)(j), Fla. Stat. Appellants rely upon a discrete provision in the Building 12 Declaration for the proposition that such expenses are properly levied only upon unit owners in the damaged building....

...common expenses directly attributable to the operation of that condominium,” there is an exception applicable to certain condominiums created prior to 1977. 10 Fla. Jur. 2d Condominiums § 76 (2022). In 1998, the Florida Legislature amended section 718.111(6), Florida Statutes, to permit the consolidated financial operations of two or more residential condominiums created before January 1, 1977. Expressly included among the authorized consolidated operations are “budgets, assessments, 9 accounting, recordkeeping, and similar matters.” § 718.111(6), Fla....

...that an association may, at times, prioritize the former over the latter. In such circumstances, an insurable event encumbers an association with the duty to assess any excess restoration costs as common expenses. See §§ 10 718.111(4), (11)(j), Fla....

...residence. The company based its claim on a unit owner’s responsibility “for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused” by the unit owner’s negligence. § 718.111(11)(j)1., Fla....

...f condominium. 8 In short, a review of the declaration of condominium, site plan, and other attachments is necessary to determine the existence and status of common elements. Property in a common area is not necessarily a common element. Pursuant to section 718.111 (4), Florida Statutes (1998 Supplement), a condominium association has "the power to make and collect assessments and to lease, maintain, repair, and replace the common elements[.]" 9 When a condominium unit is transferred, the statut...

not an indispensable party to this action. Section 718.111(3), Florida Statutes (Supp.1986), does not

assessments imposed by the condominium law, Section 718.111(6), Florida Statutes (1981)....” Mat 1039.

...Augustine Ocean & Racquet Club Condominium Association, Inc. [“the Association”] appeals a declaratory statement issued by the Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums, and Mobile Homes [“the Division”]. The Association contends that section 718.111(12)(a)13., Florida Statutes, is unconstitutional. The Division issued a Declaratory Statement in which it concluded “that pursuant to section 718.111(12), Florida Statutes *795 (Supp.1998), the St....

...We treat the cases as appeals from non-final orders determining “whether to certify a class,”1 and affirm the orders below. The interplay between (a) the condominium statute authorizing a condominium association to sue and be sued “on behalf of all unit owners concerning matters of common interest,” section 718.111(3), Florida Statutes (2016), and (b) the statute requiring the “taxpayer” to be the party defendant in a circuit court action brought by a county property appraiser to appeal an administrative determination of the county’s va...

...ents, are assessed in the name of the individual owners—not their Association. In response, the Associations argue that those statutes are contrary to the specific rights of collective representation given to them in the condominium law, section 718.111(3), and in Rule 1.221, Florida Rules of Civil Procedure. We disagree. 5 It is undisputed that the Appraiser had a right to appeal the VAB decision pursuant to section 194.036(1), Florida Statutes (2016). 5  Section 718.111(3) provides, in pertinent part: The association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers....

...uld bring a class action if they were appealing a decision of the VAB as plaintiff, the Associations “may be joined in an action as a representative of that class with reference to litigation,” namely the actions brought by the Appraiser. But section 718.111(3), with its lack of precise application to the Appraiser’s lawsuits against the unit owners, is no match for the precise requirement imposed by the ad valorem litigation provision, section 194.181(2), that when the Appraiser is the plaintiff seeking circuit court review of the VAB decision, “the taxpayer shall be the party defendant.” (Emphasis provided). Rule 1.221 essentially repeats the language in 718.111(3) in its enumeration of the circumstances in which an association may act on behalf of “association members.” The defense of a circuit court ad valorem tax suit brought by a county property appraiser is not specifically mentioned in t...

...ax appeals brought by a county property tax appraiser against condominium unit owners does not dilute or qualify the continued amenability of other types of lawsuits to the common representation of unit owners by their association as permitted by section 718.111(3) and Rule 1.221. Conclusion Although we appreciate the Associations’ arguments that judicial efficiency would be better served by allowing the Associations to represent the 140 (Central Carillon) or 180 (2201 Coll...

petitioner presented to the Agency was whether under § 718.111(2) and § 718.115 a Property Owners Association

...Ruiz De Gamboa (“Unit Owner”) and a cross-appeal filed by Unit Owner’s condominium association, Newth Gardens Condominium Association, Inc (“the association”). Both appeals relate to Unit Owner’s condominium records requests and the association’s alleged willful noncompliance with section 718.111, Florida Statutes (2018), in responding to those requests. Regarding the June 2018 records requests—which are the subject of the association’s cross-appeal—we affirm the trial court’s final judgment without discussion. As to the April 2018 records request—which is the subject of Unit Owner’s appeal—we determine that the association violated section 718.111 and, accordingly, reverse that portion of the trial court’s final judgment. Background In April 2018, Unit Owner requested his condominium association make certain records available for inspection....

...re-arbitration notice via certified mail, placing the association on notice that it was twenty-four working days past its deadline to comply with Unit Owner’s request, and that “no record has been made available for inspection” in violation of section 718.111(12)(b), Florida Statutes (2018)....

...find any willfulness on the part of the 2 association to deny access to the records or not supply the records, pursuant to the request.” With this, the trial court did not apply a presumption of the association’s willful failure to comply with section 718.111. Unit Owner moved for rehearing and the trial court subsequently denied that motion....

...conclusions are reviewed de novo. See Buyer’s Choice Auto Sales, LLC v. Palm Beach Motors, LLC, 391 So. 3d 463, 467 (Fla. 4th DCA 2024). Unit Owner contends the trial court erred in failing to apply a rebuttable presumption of willful noncompliance pursuant to section 718.111(12)(b) and (c), Florida Statutes (2018)....

...He further claims that the association failed to rebut the presumption because the association did not present competent and substantial evidence that the letter had been mailed. In response, the association insists the trial court correctly applied section 718.111 and appropriately found the association had sufficiently responded to Unit Owner’s April 2018 records request and made the records available for copying and inspection. At the time of Unit Owner’s records request, section 718.111(12)(b) stated, “[t]he records of the association shall be made available to a unit owner . . . within 5 working days after receipt of a written request by the board or its designee.” Section 718.111(12)(c)1....

...that the association willfully failed to comply with this paragraph. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply . . . § 718.111(12)(c)1., Fla....

...association had mailed the scheduling letter. Instead, as the Unit Owner credibly testified to nonreceipt of a scheduling letter, the trial court should have begun its analysis with a presumption of the association’s willful failure to comply with section 718.111(12)(c)....

...2d DCA 2016) to argue that, in making the copies available in its office for inspection, it had furnished Unit Owner a reasonable opportunity to inspect the records and thus, this was a sufficient act to satisfy the plain meaning of “provide” within section 718.111....

...The condominium association made copies of the records available for inspection in anticipation of the unit owner’s call, but the unit owner failed to call. Id. The trial court held that the condominium association did not willfully fail to comply with section 718.111 because the association had made the records available, and the 4 unit owner had failed to call for the appointment....

...Nor did the association “anticipat[e]” such a follow-up, as the president had drafted, and intended to send, a letter setting the inspection date and time. Thus, the association failed to produce sufficient evidence that it had provided Unit Owner’s requested records within section 718.111’s required timeframe. Conclusion Here, we have a situation in which a unit owner requested to inspect association records and did not receive a response....

...201, 202–03 (1928))). The association’s failure to provide the requested records for inspection within ten working days after receipt of Unit Owner’s April 2018 written request created a rebuttable presumption that the association willfully failed to comply with section 718.111....

...ccess to a condominium unit for the purpose of maintaining or repairing common elements or for making emergency repairs necessary to prevent damage to the common elements or to another unit or units is granted to condominium associations pursuant to Section 718.111(5)....

...of Chapter 718.” The Division counters that although a constituency test may be employed, as it was in Raines, to defeat condominium association status, it does not confer such status. The litmus test, they argue, relying on Sections 718.103 5 and 718.111, 6 is not a constituency test but a function test, i.e., whether the entity operates a condominium or has sufficient powers that constitute condominium operation....

...(11) "Condominium property” means the lands, leaseholds, and personal property that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium. . Section 718.111, which defines the powers and duties of a condominium association, states in pertinent part: (1) The operation of the condominium shall be by the association, which must be a corporation for profit or a corporation not for profit.......

...minium Act," (Doc. 1-5 at 43) (quoting Towerhouse Condo. v. Millman, 475 So.2d 674, 676 (Fla.1985)), but, as the bankruptcy court acknowledged, Florida's Condominium Act empowers the Association to maintain and repair the common elements. Fla. Stat. § 718.111 (authorizing a condominium association to enter into contracts and collect assessments to maintain and repair common elements); see also sec....

PER CURIAM. Affirmed. See § 718.111(6), Fla.Stat....

...and Mobile Homes, held that items, such as Jacuzzis, trellises, and elaborate screen enclosures, which were purchased, installed, may be removed, and are usable only by individual unit owners are nevertheless “condominium property,” which under section 718.111(11), Florida Statutes (2006), 1 must be insured by the *736 association, merely because they are located on the patio outside, rather than inside, the individual unit....

...Gelfand, The Plaza East Trilogy: Not a Nursery Rhyme, But Scary Warfare, 82 Fla. Bar J., 38 (April 2008). Those cases, *737 and not the one before us, were correctly decided. In sum, it is bad enough to compare apples and oranges; it is much worse to find that apples are oranges. The ruling below is Reversed. .Section 718.111(11) provides, in part: (a) A unit-owner controlled association shall use its best efforts to obtain and maintain adequate insurance to protect the association, the association property, the common elements, and the condominium property required to be insured by the association pursuant to paragraph (b)....

...reafter, any excess to be distributed as provided by law. “2. The proceeds of the sale described hereinabove in (1) are to be distributed to El Conquistador Condominium Association, Inc. as the representative of the class of unit owners under F.S. § 718.111 which shall place same in a separate account and not distribute said funds pro rata to the members of the class....

...not allege fraud, self-dealing, or unjust enrichment, it does allege that Bushoy and Tieno improperly allowed a third party to use a debit card issued in the name of the Association for payment of Association expenses. This claim is predicated on section 718.111(15), Florida Statutes, which provides in its entirety: (a) An association and its officers, directors, employees, and agents may not use a debit card issued in the name of the association, or billed directly to the...

...ociation's obligations to the unit owners, and how those obligations are measured. Florida law requires that every condominium must be operated by an association which association must be either a for-profit or not-for-profit corporation. Fla. Stat. § 718.111(1)(a)....

...617.0830, an officer, director, or agent shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the association." Fla. Stat. § 718.111(1)(d)....

...The common elements are the portions of the real property not included in the units. Fla. Stat. § 718.103(8). [3] References to the transcript of the evidentiary hearing are denoted as "T. ___." [4] A condominium association is authorized by statute to make and collect assessments. Fla. Stat. § 718.111(4)....

...an adversary proceeding, in which unit owners would have a more meaningful opportunity to intervene or otherwise participate. The Association commenced such a proceeding, partly in its capacity as representative of unit owners pursuant to Fla. Stat. § 718.111(3), shortly after the conclusion of the evidentiary hearing on the Rejection Motion....

...open or removed because an open secondary door is no different than a removed secondary door. 9  In addition, a condominium “unit owner is entitled to the exclusive possession of his or her unit, subject [only] to the provisions of s. 718.111(5).” § 718.106(3), Fla. Stat. (2020) (emphasis added). While section 718.111(5) does provide a condominium association with an “irrevocable right of access to each unit,” the statute specifies that such access is only available “during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements . . . or as necessary to prevent damage to the common elements or to a unit.” § 718.111(5)(a), Fla....

...either her consent or proper notice to enter at “reasonable hours.” In fact, absent an emergency, a condominium association cannot even access an abandoned unit without written notice of no less than “2 days” to the owner of record for that unit. See § 718.111(5)(b)2., Fla....

condominium association include those described in section 718.111, Florida Statutes, and "except as expressly

...the bank failed to prove the essential elements that would have entitled it to a temporary injunction. We agree and reverse the order granting the temporary injunction. A condominium association is a corporation with unit owners as shareholders. See § 718.111(l)(a), Florida Statutes, Supp....

condominium operated. See Fla.Admin.Code 7D-23.004; Fla.Stat. 718.111(12)(a)ll (1984 Supp.) (1991). Pursuant to

...ion Law Committee of The Florida Bar (respondent). Florida Rules of Civil Procedure 1.220(b) was promulgated by this Court as an emergency rule in connection with its review of the constitutionality of Section 711.12(2), Florida Statutes (1975), and Section 718.111(2), Florida Statutes (Supp.1976), in Avila....

...We have jurisdiction pursuant to Article V, Section 2, Florida Constitution. The competing positions of petitioner and respondent can be characterized as follows: (i) Petitioner maintains that Rule 1.220(b) is unnecessary in view of the repeal in 1976 of Section 711.12(2), Florida Statutes (1975), and enactment of Section 718.111(2), Florida Statutes (Supp.1976); (ii) respondent asserts that not only is the rule necessary, but it is essential to foster the public policy enunciated in both the 1975 and 1976 legislative enactments once this Court invalidated portions of each statute which dealt with practice and procedure. Petitioner suggests that although Section 711.12(2), Florida Statutes (1975), and to a lesser degree, Section 718.111(2), Florida Statutes (Supp.1976), represented an unconstitutional incursion by the legislature into the Court’s rule-making prerogative, nevertheless the Court in Avila intruded the realm of the legislature by invalidating all but the first two sentences of each section and enacting Rule 1.220(b). It is contended that “capacity” to sue is a matter of substantive right which is the prerogative of the legislature and that, at least, Section 718.111(2), ■Florida Statutes (Supp.1976), went no further than to create capacity in condominium associations. Petitioner concedes that even the 1976 enactment of the legislature requires some delicate surgical excision to reach this constitutional result. Having laid this predicate petitioner then argues that the postoperative version of Section 718.111(2), Florida Statutes (Supp.1976), creates capacity in favor of condominium associations avoiding the impediment created by the decisions in Wittington Condominium Apartments, Inc....

...ttlement of disputes affecting condominium owners concerning matters of common interest.” Id. at 608 . Petitioner is quite correct in its assertion that the legislature granted the substantive right of “capacity” to sue and be sued by enacting Section 718.111(2), Florida Statutes (Supp.1976), but the legislature had no constitutional power to also create a procedural vehicle for condominium associations to maintain or defend such suits as a class action, this being a matter of practice and procedure....

...Trust failed to intervene in the receivership action within thirty days of the recording of notice of lis pendens. The issue for our consideration on appeal is whether a receiver appointed at the request of a condominium association pursuant to section 718.111(5), Florida Statutes (2020), is subject to the safe harbor provision of section 718.116(1)(b)(1), which limits liability for past due condominium assessments....

...“When the language of 2 a statute is clear and unambiguous, a court may not resort to the rules of statutory construction.” Id. This case presents an issue of the interplay between section 718.116(1)(b)(1), which limits the liability for past due assessments, and section 718.111(5), which permits recovery for the expenses incurred by a receiver....

...is filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee. Id. (emphasis added). In 2014, the Florida Legislature enacted section 718.111(5), which allows a condominium association to petition a court to appoint a receiver to lease out an abandoned unit and permits recovery of expenses incurred by the receiver. Ch. 2014-133, Laws of Fla. Section 718.111(5)(b), Florida Statutes (2020), states, in relevant part: 3....

...The safe harbor provision expressly limited Christiana Trust’s liability for “unpaid assessments.” § 718.116(1)(b)(1), Fla. Stat. The receivership statute provides that receivership expenses incurred by an association are “enforceable as an assessment.” § 718.111(5)(b)(3), Fla....

...at 968. 4  Like in JKM Services, here the safe harbor provision applies. Additionally, Christiana Trust did not move for the receiver’s appointment and was not a party to the receivership lawsuit. Although the receiver in JKM Services was appointed before the enactment of section 718.111(5), that is a distinction without any legal significance. Nothing in section 718.111(5) alters the analysis of JKM Services. The trial court relied on section 48.23(1)(d), Florida Statutes (2020), and U.S....

the total common expenses of the project. Section 718.-111(12) (a) (11), Florida Statutes (1985), provides

...TAYLOR, J. Universal Property & Casualty Company (“Universal”) appeals a final summary judgment in its subrogation action against the owners of a condominium unit. Universal’s complaint sought to hold the owners of the unit vicariously liable under section 718.111(11)(j), Florida Statutes, for their tenants’ alleged negligence in causing water damage to a downstairs unit owned by Universal’s insureds. Because the trial court correctly concluded that section 718.111(11)(j) does not provide a condominium unit owner with a private right of action against another unit owner for the tortious conduct of the latter’s tenants, we affirm. By way of background, Universal provided homeowners’ insurance for a condominium unit owned by the insureds....

...unit, plus the $500 deductible that the insureds had paid toward the loss. Count I asserted a claim against the tenants for negligence. Count II asserted a claim against the landlords on the theory that the landlords were vicariously liable for their tenants’ negligence under section 718.111(11)(j), Florida Statutes. Following some discovery, the landlords moved for summary judgment. The landlords argued that: (1) section 718.111(11)(j) does not provide Universal with a private cause of action against a condominium unit owner for the alleged negligence of the unit’s tenants; and (2) the landlords were not liable for negligence because neither they nor their tenants breached any duty of care in maintaining the property. The trial court granted the landlords’ motion and entered final summary judgment, ruling that section 718.111(11)(j) did not make the landlords vicariously liable to Universal for the negligence of their tenants. The trial court did not reach the issue of whether the tenants were not negligent as a matter of law. 1 On appeal, Universal argues that 718.111(11)(j) permits its subrogation claim against the landlords in this case because the statute makes condominium unit owners responsible for the cost to repair or replace a fellow unit owner’s property that has been damaged by the negligence of the former’s tenants. By contrast, the landlords contend that the trial court correctly interpreted section 718.111(11)(j) as not providing a private right of action by a condominium unit owner against another unit owner for the latter’s tenants’ negligence. An issue of statutory interpretation is reviewed de novo....

...of individuals” and concluding “that a cause of action arose when a class member was injured by a breach of that duty.” Id. at 985. With this backdrop in mind, we turn to the relevant statutory provisions. 3  Section 718.111(11), Florida Statutes (2014), which is part of Florida’s “Condominium Act,” contains the insurance coverage provisions applicable to condominium associations and their unit owners. 2 Section 718.111(11)(f) requires that every property insurance policy obtained by the condominium association must provide coverage for “all portions of the condominium property as originally installed or replacement of like kind and quality,” as well as all approved alterations or additions made to the condominium property, but must exclude coverage for the unit owners’ personal property and the unit interiors, which the unit owners are responsible for insuring. § 718.111(11)(f)1.–3., Fla. Stat. (2014). In simplified terms, section 718.111(11)(f) requires that all condominium property outside of an individual unit must be insured by the condominium association, but any property within the boundaries of an individual unit and any insurance thereupon is the responsibility of the unit owner. Section 718.111(11)(j), which is the focus of this appeal, addresses when repair and replacement costs for property damaged by an insurable event are to be paid by the condominium association as a common expense and when such costs are the responsibi...

...inium property also apply to the costs of repair or replacement of personal property of other unit owners or the association, as well as other property, whether real or personal, which the unit owners are required to insure. § 718.111(11)(j), Fla. Stat. (2014) (emphasis added). Additionally, section 718.111(11)(g) states in relevant part: 1....

...y insurance, or for which the unit owner is responsible under paragraph (j), and the cost of any such reconstruction work undertaken by the association is chargeable to the unit owner and enforceable as an assessment . . . . § 718.111(11)(g), Fla. Stat. (2014). Here, the trial court correctly ruled that section 718.111(11)(j) does not provide a condominium unit owner with a private right of action against another unit owner for the “intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association” by the latter’s tenants or other occupants. Nothing in the language of this statute or in the statutory structure indicates that a private cause of action between unit owners was contemplated by the legislature in enacting this statute. Section 718.111(11)(j) simply defines when repair and replacement costs for property damaged by an insurable event are to be paid by the condominium association as a common expense, and when they are the responsibility of a unit owner. As noted above, section 718.111(11)(j) 5 essentially creates a general rule that all damages in excess of the association’s property insurance coverage are a common expense of the association. Subparagraphs 1 and 2, in turn, set forth exceptions to this general rule....

...ork to be undertaken by the association and states that the cost of reconstruction work undertaken by the association “for which the unit owner is responsible under paragraph (j)” is chargeable to the unit owner and enforceable as an assessment. § 718.111(11)(g), Fla....

...undertakes the reconstruction work, the existence of a statutory enforcement mechanism undermines Universal’s argument that we should infer a legislative intent to create a private cause of action. This is not a case where the statutory provisions of section 718.111(11)(j) would serve no useful purpose in the absence of an implied right of action. Subparagraphs 1 and 2 cannot be read in isolation to create statutory 6 causes of action between unit owners...

...common expense. Universal’s argument is also problematic in that a unit owner’s responsibility for damage caused by the negligent or intentional acts of the owner’s tenants or occupants is limited to the costs “not paid by insurance proceeds.” See § 718.111(11)(j)1., Fla. Stat. (2014). Universal argues that although the landlords’ liability to Universal’s insureds might be limited under section 718.111(11)(j) to the $500 “not paid by insurance proceeds,” the landlords are nonetheless liable to Universal for the entire $25,128.27 sought by Universal. However, in putting forth this argument, Universal ignores the plain language of the statute. Even if section 718.111(11)(j) were interpreted as creating a private right of action, nothing in section 718.111(11)(j) states that a unit owner is responsible for the entirety of damages caused by the negligent or intentional acts of the unit owner’s tenants or occupants. Section 718.111(11)(j) imposes responsibility on a unit owner for damage caused by the negligent or intentional acts of the unit owner’s tenants and other occupants, but this responsibility is limited to “the costs of repair or replacement ....

...unit owner whose property was damaged. Instead, this language merely prevents tenants or other occupants from arguing, as a defense to a subrogation action, that the statute relieves them of responsibility for their own tortious acts. We emphasize that nothing in section 718.111(11)(j) compromises an insurer’s right to bring a common law subrogation action alleging that a tortfeasor is directly liable for the full amount of damages to an insured unit owner’s property caused by the tortfeasor’s own negligence or intentional conduct....

...compromises a unit owner’s right to bring a common law tort action alleging that a tortfeasor is directly liable for any uncovered damages to the owner’s property caused by the tortfeasor’s own negligence or intentional conduct. We merely hold that section 718.111(11)(j) was not intended to create a statutory right of action whereby condominium unit owners (or their insurers) may hold other unit owners vicariously liable for property damage caused by the tortious acts of the latter’s tenants...

...e association without specifying the wrong committed by each defendant. Count one improperly alleged the association breached a fiduciary duty to its unit owners even though as a corporate entity, it does not have a duty to its unit owners. See § 718.111(1), Fla....

...The trial court agreed and dismissed the breach of fiduciary duty claim with prejudice. This appeal timely followed. Analysis Dobal argues that he alleged facts sufficient to overcome the Board Members’ personal immunity. We agree. Section 718.111(1)(d) establishes immunity from suit for board members of condominiums but creates three exceptions....

...directly or indirectly; or [3] constitutes recklessness or an act or omission that was in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. § 718.111(1)(d), Fla....

...y a board member’s “recklessness or [ ] act or omission that was in bad faith, with malicious purpose, or in a 4 manner exhibiting wanton and willful disregard of human rights, safety, or property.” § 718.111(1)(d), Fla....

...Heritage contends, however, that because the words “books and records” are undefined in the policy and the insured operates under a statutory duty to preserve meeting minutes, the policy provision implies such minutes must be produced as a precondition to coverage. In support of its position, it relies upon section 718.111(12)(a)(6), Florida Statutes, which requires a condominium association to maintain “[a] 5 book or books that contain the minutes of all meetings” as part of its official records within t...

...f contract, injunctive relief, and a request to uphold the arbitrator’s award. The owner answered the counterclaim and pled lack of authority, waiver, and estoppel as affirmative defenses. The association moved for summary judgment. It argued that section 718.111(5), Florida Statutes, and the association’s declaration provided the association with a legal right to enter all units for necessary maintenance....

..., that doubt must be resolved against the moving party and summary judgment must be denied.’ ” Roach v. Totalbank, 85 So.3d 574, 578 (Fla. 4th DCA 2012) (quoting Doe v. N. Okaloosa Med. Ctr., Inc., 802 So.2d 1202, 1203 (Fla. 1st DCA 2002)). *578 Section 718.111(5), Florida Statutes (2009), provides: Right of access to units....

...egitimate need for access to her unit, and that it had failed to demonstrate the “requisite conditions” to gain that access. The association argued that common sense dictated that routine pest control is part of “necessary maintenance” under section 718.111(5)....

PER CURIAM. Affirmed. See § 718.301(1)(a, c), (2), (4), Fla.Stat. (1989); § 718.111(12)(c), Fla.Stat....