Florida/Georgia Personal Injury & Workers Compensation

...at is, not arbitrary, capricious, or in bad faith. In the instant case, there was no dispute that the association had the authority *788 to repair the concrete on Hampton's balcony, which is a common element under the declaration of condominium. See § 718.113(1), Fla....

...of the apartment building; further, no owner shall in any manner change the appearance of any portion of the apartment building not wholly within the boundaries of his apartment. [3] § 5, Declaration of Condominium for the Sea Oats Condominium. [4] § 718.113(2) & (3), Fla....

...the *886 First Amendment as incorporated in the Fourteenth Amendment simply do not apply. Before launching into an examination of the merits of defendant's argument, this Court sua sponte points out that the Florida Legislature's recent enactment of § 718.113(4) clearly eviscerates Defendant's chances of prevailing on its motion. Florida Statutes § 718.113(4) states in its entirety Any [condominium] unit owner may display one portable, removable United States flag in a respectful way regardless of any declaration rules or requirements dealing with flags or decorations....

...his constitutional right to burn old glory. But to proudly display the United States Flag Mr. Gerber was forced to commence a federal lawsuit at his own expense. The legislature of the state of Florida has, through the enactment of Florida Statutes § 718.113(4), recognized that the right of each condominium owner to display the United States Flag is fundamental....

...d by the white stars in a blue field on our nation's flag. This Court will not countenance such treading upon the rights of those who would respectfully display the flag in front of their own home. IV. Defendant in its brief addressing the impact of § 718.113 raises several points. Most noteworthy is its assertion that the statute impairs existing contracts in violation of both the Federal and Florida Constitutions. This Court disagrees. Section 718.113 merely recognizes by state statute a right that this Court determines to have already existed to display the American flag....

...the state. This action acted to deprive the Plaintiff of his rights, privileges and immunities secured by the First and Fourteenth Amendments to the United States Constitution within the meaning of 42 U.S.C. § 1983. [3] Defendant *888 also violated § 718.113, Florida Statutes, for the time period subsequent to its effective date....

...pendent jurisdiction. Accordingly, it is now ORDERED (1) That Plaintiff's motion for Summary Judgment be, and the same is, GRANTED. (2) That Defendant be ENJOINED from interfering with Plaintiff's display of the Flag in compliance with the terms of § 718.113, Florida Statutes....

...Appellant walked across the wet parking deck accompanied by his friend, a unit owner. He slipped and fell but got up and immediately proceeded to his car and drove away. There were no signs of injury until substantially later. Plaintiff asserted liability against the condominium association on the basis of Section 718.113(1), Florida Statutes (1977), which imposes upon condominium associations the duty to maintain the common elements....

...l claims of lien. The trial court concluded that the special assessment for replacing the mansard shingles was not valid because changing from wood to terracotta was a material alteration which required the vote of the entire Association pursuant to section 718.113(2), Florida Statutes (2000)....

...d. Nor is there any evidence that the developer or the unit owners ever bought the system, or paid for the cost of repairs and maintenance of the system. Were the system a common element, these costs would have been the Association's responsibility. § 718.113, Fla....

...common elements which is inconsistent with the bylaws and the condominium law in effect at the time of purchase. The exercise of the general power to amend the Declaration of Condominium which occurred in this case is contrary to the requirements of section 718.113(2) and section 718.110(4), Florida Statutes (1989), the law in effect when the condominium documents were recorded. Section 718.113(2) provided: There shall be no material alteration or substantial additions to the common elements except in a manner provided in the declaration....

...urring long after the declaration is recorded satisfies the legislative condition precedent that any amendment authorizing the alteration of common elements must appear in the declaration as originally recorded. This argument is contrary to sections 718.113(2) and 718.110(4), Florida Statutes (1989)....

...er leaks *364 from plumbing pipes located within the interior boundary walls of units 201 and 501. Cali is the owner of unit 201. Cali alleges that Meadowbrook owed him a duty pursuant to Article XXI of the Declaration of Condominium and pursuant to section 718.113(1), Florida Statutes (2009), as well a duty of reasonable care to him and other unit owners....

...ary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units. 1 *365 Section 718.113(1) on “Maintenance” provides: (1) Maintenance of the common elements is the responsibility of the association....

...owner or owners of the UNIT or UNITS exclusively or substantially exclusively benefitted. . . . Debtor argues that because the Declaration of Condominium is silent in regard to approval of material alterations to the common elements, Florida Statute § 718.113(2)(a) establishes a default rule: [t]here shall be no material alteration or substantial additions to common elements or real property, except in a manner provided in the declaration. If the declaration does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association *874 must approve the alterations or additions. F.S.A. § 718.113(2)(a)(2006). Based on these provisions, Debtor maintains that the elevator is a common element and that the change proposed by Coletta would constitute a material alteration as that term is used in Florida Statute § 718.113(2)(a) and defined under Florida case law....

...Resolving this issue is not necessary here because under either scenario, Coletta's claim fails. If the extension is a material alteration, Coletta's claim fails since it is without dispute that the improvement was not approved by a vote under Florida Statute § 718.113(2)(a)....

the condominium property as common elements. Section 718.113(2), provides: There shall be no material alteration

...to use the limited 7 common elements or that the association shall provide the maintenance, either as a common expense or with the cost shared only by those entitled to use the limited common elements.” § 718.113(1), Fla....

...1 In our view, the cause was, within the meaning of the statute, clearly an “[action] for damages or for injunctive relief, or both, for failure to comply with [those] provisions” of the condominium law and declaration which require the association properly to maintain the common elements. See § 718.113, Fla.Stat....

...He alleges his unit suffered severe water damage due to a failing roof assembly. After the Association allegedly ignored his complaints about the failing roof, Lindzon sued the Association for violation of the Declaration of Condominium and under section 718.113(1) for failing to maintain the common elements at Grove Isle. 1 Florida Rule of Appellate Procedure 9.130 authorizes interlocutory appeals of certain enumerated nonfinal orders....

...e ability to avoid any resulting prejudice and considerations relating to the orderly administration of justice.”) (quoting Deutsche Bank Nat’l Tr. Co. ex rel. LSF MRA Pass-Through Tr. v. Perez, 180 So. 3d 1186, 1189 (Fla. 3d DCA 2015)). 2 See § 718.113(1), Fla....

...Owners, in which case such cost and expense shall be paid solely by such Unit Owners. (Emphasis supplied) Likewise, the Condominium Act provides that “[m]aintenance of the common elements is the responsibility of the association.” § 718.113(1), Fla....

...asonable amount of time. Thus, appellants alleged damage to the common elements, and injury from the association’s failure to remediate that damage. The complaint also properly alleged duty and the breach thereof, causing damage. Additionally, section 718.113(1), Florida Statutes (2021), clearly and unambiguously provides that “[m]aintenance of the common elements is the responsibility of the association.” “When the language of [a] statute is clear and unambiguous and conveys a clear and definite meaning, ....

...material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein.” § 718.113(2)(a), Fla....

...In response, Appellant filed a petition for arbitration attempting to overturn the Board’s decision. Appellant argued that because the Declaration did not include a separate provision detailing the procedure for approving “material” alterations, section 718.113(2)(a), Florida Statutes (2016) precluded the Association from unilaterally making this material alteration. Section 718.113(2)(a) provides that if a declaration “does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additio...

...‘the goal is to arrive at a reasonable interpretation of the text of the entire agreement to accomplish its stated meaning and purpose.’” Murley v. Wiedamann, 25 So. 3d 27, 29 (Fla. 2d DCA 2009) (quoting Taylor v. Taylor, 1 So. 3d 348, 350 (Fla. 1st DCA 2009)). Section 718.113(2)(a) states that “there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein.” Id....

...It is undisputed that the lobby is a common element of the condominium, and that replacing the flooring as proposed was a material alteration. The issue before us is whether Article XIX of the Declaration “specif[ies] [a] procedure” the Association must follow to make “material” alterations to the common property. § 718.113(2)(a), Fla....

...um units should be assessed their proportionate or fractional share of the benefit each receives from a "limited" common element. Sincerely, Bill McCollum Attorney General BM/tals 1 Section 718.103 (8), Fla. Stat. 2 Section 718.108 (2), Fla. Stat. 3 Section 718.113 (1), Florida Statutes, addresses responsibility for the maintenance of common elements as follows: "Maintenance of the common elements is the responsibility of the association....

...The parties' dispute is entirely familiar to this statutory scheme (and entirely alien to bankruptcy law). "The Condominium Act expressly provides that the Association is responsible for the maintenance and repair of the common elements." 5 Boyer, Florida Real Estate Transactions, § 190.20[2][c] (2010); see Fla. Stat. § 718.113(1)....

...riment of a minority of the members. (Ex. 13 Art. 15.3); cf. Boyer, supra, § 190[7][e][iii]. The Condominium Act requires that "no material alteration ... to the common elements [occur] except in a manner provided in the declaration...." Fla. Stat. § 718.113(2)(a)....

...Affirmed in part, reversed in part, and remanded for further proceedings. SUAREZ, C.J., concurs. . Escadote's claim against the Association (Count IV of the Second Amended Complaint) alleged a breach of the Association’s duty to maintain and repair common elements under section 718.113, Florida Statutes (2007)....