CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...Four of the counts sought termination of the contracts under some specific provision of the Florida Statutes as follows: 1. In Count I on cancellation of the contract by a vote of 75% of the unit owners under the circumstances specified in Section 711.66(5)(a), Florida Statutes (now § 718.302(a)). 2. In Count II on the unreasonableness or unfairness of the management contract as permitted by Section 711.66(5)(e), Florida Statutes (now § 718.302(2)). 3. In Count IV on the inclusion of an escalation clause of the type prohibited by Section 711.231, Florida Statutes (now § 718.302(3))....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1992 WL 175096
...accountant. ATTORNEY'S FEES This court permitted the parties to file supplemental briefs on the issue of attorney's fees. As to the first issue, we agree with the trial court and hold that appellees were entitled to an award of attorney's fees under section 718.302(6)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...ned therein would run with the land only during the term of the agreement, asserts that the Thackers' "right" to pay only one monthly management fee expired when the Association and BMC terminated the agreement in 1978. The Thackers, however, citing section 718.302(1)(a), Florida Statutes (1977), contend that the decision of whether to terminate a management agreement made by an association prior to assumption of control of the association by unit owners other than the developer [1] rests solely with unit owners other than the developer, not the association's board of directors. Section 718.302(1)(a) reads in relevant part: 718.302 Agreements Entered into by the Association....
...of the units in the condominium, the cancellation shall be by concurrence *645 of the owners of not less than 75 percent of the units other than the units owned by the developer. .. . (Emphasis added) We believe that the Thackers' interpretation of section 718.302(1)(a) 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....
...The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association... . Section 3. Management Agent. The Board of Directors may employ for the Association a management agent . .. to perform such duties, services and powers as the Board shall authorize... . In sum, section 718.302(1)(a) does not preclude the board of administration of an association from terminating such a management agreement....
...Hence, they are precluded from raising it on appeal. Accordingly, the decision below is reversed in all respects. [2] REVERSED. OTT, C.J., and LEHAN, J., concur. NOTES [1] Were it not for the fact that the Association does not argue otherwise, we would question whether section 718.302(1)(a) is even applicable here since, based upon the facts before us, it appears that the original management agreement was executed after assumption of control of the condominium by unit owners other than the developer....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...ed by appellant, or was unfair or unreasonable. The trial court ruled, and we agree, that it was unnecessary for the association to prove breach of contract, or that it was unfair or unreasonable, in order to exercise the right of cancellation under Section 718.302, Florida Statutes (1981)....
...ct with the association. At the final hearing before the trial judge there was no proof of any breach of contract by appellant, nor was there any contention that the contract was not fair and reasonable. Appellee relied solely upon the provisions of Section 718.302, Florida Statutes (1981), as giving it the right to cancel the contract. The statute, in pertinent part, provides: 718.302 Agreements entered into by the association....
...w contracts by the association. The intent of the Legislature to confer upon unit owners other than the developer cancellation rights in addition to rights they would have under ordinary contract law is apparent from a reading of other provisions of Section 718.302(1)....
...and form a part of the contract as if they were expressly incorporated into it. See, State v. Coral Gables,
72 So.2d 48 (Fla. 1954); 10 Fla. Jur.2d, Constitutional Law, § 315. Any attempt to retroactively apply the cancellation rights conferred by Section
718.302 to existing contracts would, however, be constitutionally suspect....
...Appellant suggests without citation of particular constitutional provisions or case authority, that although the Legislature might have the authority to confer the right of cancellation of a contract and thus eliminate the remedy of specific performance (an interpretation of Section 718.302 urged by appellant, cf., Point East One Condominium v....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Caruso, P.A., West Palm Beach, and J. Michael Burman of Slawson, Burman & Critton, North Palm Beach, for appellees. Rehearing and/or Certification, and Rehearing En Banc Denied November 3, 1993. WARNER, Judge. This is an appeal of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to certain long term leases and Master Management Agreements entered into by condominium unit owners, thus precluding the unit owners from exercising control over the maintenance and operation of certain community services and recreational facilities....
...The appellants comprise sixteen condominium associations located in Century Village West in Boca Raton. They will be collectively referred to as the Associations. The complex contains over 5,000 residential units constructed and sold between 1979 and 1984. At the time the units were submitted to condominium ownership section 718.302(1), Florida Statutes provided: (1) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the devel...
...s to the unit owners. It provided a mechanism for the owners to take back control of their condominiums when the developer had sold over 75% of its units. The developers of Century Village West were aware of and took into consideration the impact of 718.302 in writing its documents....
...n and management of the recreational facilities by the lessor under the long term lease. Additionally, the associations sued to cancel the MMA claiming that 75% of the members of each Association had voted to cancel the agreements in accordance with section 718.302(1)(d), Florida Statutes....
...The developer and its subsidiaries refused to honor the cancellation. On motion for summary judgment the trial court determined that since each unit owner was a direct signatory to the lease agreement and management agreement, the cancellation procedures of section 718.302 did not apply, as the statute only applied to contracts between the association and a third party....
...onducted by the condominium association. Sections
718.103(18);
718.111(1)(a), Fla. Stat. The act further provides for transfer of control of the association from the developer to the unit owners, and in order to promote autonomy for the unit owners, section
718.302, Florida Statutes, provides that grants, reservations, and contracts entered into by the Association providing for the operation and maintenance of the condominium property or property serving the unit owners of a condominium may be cancelled by a 75% vote of the Association members....
...ely the developer. It provides in its terms for the complete operation and maintenance of these facilities by the lessor. Thus, contrary to the finding of the trial court the operation and maintenance provisions of the lease come within the ambit of section 718.302(1) and are subject to the cancellation provision of section (d)....
...of the §
718.111(1)(a), Florida Statutes (1991). Therefore, a reservation in the declaration that provides for the operation of the condominium association or property serving the condominium, which the MMA clearly does, is *232 within the ambit of section
718.302, Florida Statutes as it is a "grant or reservation made by a declaration ... that provides for operation, maintenance or management of a condominium association or property serving the unit owners." Section
718.302(1)....
...versely affect the purpose of the provision. Section
718.303(2), Fla. Stat. The scheme created by the developer and his subsidiary corporations to contract individually with each owner appears directly tailored to avoid the cancellation rights under
718.302(1)(d)....
...act binding the owner to this form of management of their community and that contract principles govern. However, as in Tri-Properties v. Moonspinner Condominium Association,
447 So.2d 965 (Fla. 1st DCA 1984), the First District said with respect to section
718.302: The intent of the Legislature to confer upon unit owners other than the developer, cancellation rights in addition to rights they would have under ordinary contract law is apparent... . The developer/lessor and Master Management Firm entered into the leases and agreements with full knowledge of the cancellation provisions of
718.302 and the anti-waiver provisions of
718.303(2)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...We are aware of the fact that MAS is not a federally regulated public utility, but the evidence shows that MAS holds a county license to operate as a cable TV utility. However, the Association effectively exercised its statutory rights to terminate any of its agreements with MAS pursuant to Section 718.302, Florida Statutes (1983)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 135530
...tion and the management company at a time when the developer held a controlling interest in the association. Appellant alleged that the management company breached the management contract, that the contract was not fair and reasonable as required by Section 718.302(4), Florida Statutes (1987), and that the terms of the contract conflicted with the powers and duties of the association and the rights of the unit owners in violation of Section 718.302(3), Florida Statutes (1987). Count II sought damages for breach of contract against the management company. This count also contained allegations that the contract violated sections 718.302(4) and 718.302(3)....
...Count III sought the appointment of a receiver, because appellant's assets were allegedly being wasted and improperly managed as a result of the aforesaid breach and statutory violations. Count IV, which was upheld by the trial court and which is not a subject in this appeal, was brought under the authority contained in Section
718.302(6), Florida Statutes (1987), to compel the developer to comply with the provisions of Section
718.301, Florida Statutes (1987)....
...Initially, we affirm the dismissal with prejudice of both Counts III and V, because adequate remedies at law exist, as explained below. We affirm the dismissal of Count I with prejudice. Neither the terms of the contract relied upon by appellant [2] nor section *276 718.302 [3] provide appellant with a cause of action for termination of the management contract....
...nce on the part of the Contractor" so that it may safely terminate the contract under its express terms, [4] or in the alternative, to determine whether the contract is unfair and unreasonable so that it may safely terminate the contract pursuant to section 718.302....
...inium, and the breach of those duties. As such, the allegations represent a prima facie case of breach of contract. Although the count also contains some superfluous allegations (including that the contract is unfair and unreasonable in violation of section 718.302(4) and that it is in conflict with the unit owners' rights in violation of section 718.302(3)), the pleading is nonetheless sufficient....
...uilding or buildings of THE BREAKERS voting in person at a regular or special meeting called for that purpose by the Association. (2) Because of proven circumstances involving negligence, misfeasance or malfeasance on the part of the Contractor. [3] Section 718.302, Florida Statutes (1987), provides in part: (1) [A]ny contract made by an association prior to assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management o...
...[4] Generally speaking, parties competent to enter into a contract can as validly agree to terminate or discharge it as they could agree to make it originally. 11 Fla.Jur. 2d Contracts § 161 (1979). Here the express provisions of the contract dictate how a party may terminate the contract. [5] The purpose of section 718.302 is to provide a means by which unit owners may terminate contracts when the board of directors of an association refuses or neglects to terminate such an agreement....
...Beach, Inc. v. Thacker,
431 So.2d 641, 645 (Fla. 2d DCA), review dismissed,
438 So.2d 834 (Fla. 1983). It is unnecessary to prove breach of contract or that the contract is unfair and unreasonable in order to exercise the right of termination under section
718.302....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1980 Fla. App. LEXIS 15528
...No doubt the Holiday Out decision explains why the lot owners did not allege an unreasonable restraint on alienation in this case. Thus there is no occasion for us to revisit Holiday Out for that issue is not now before us. Nor do the affirmative defenses suggest the provision is unconscionable under Section 718.302(2), Florida Statutes (1977)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 1215, 1990 WL 17494
...The lease was entered into in 1983, prior to assumption of control of the condominium association by the unit owners. In February, 1988 control of the condominium association was turned over to the unit owners. Later that year, Waterside terminated the lease. See § 718.302, Fla....
...As the matter was properly before the circuit court, it follows that the appeal lies in this court and that the appellate division was correct in transferring the appeal to our court. With regard to the merits, first, we agree with the trial court that an action under section
718.302, Florida Statutes (1987), is an action for possession of real property within the meaning of subsection
34.011(2), Florida Statutes (1987), which is within the county court jurisdiction....
...ners. At the time the A-One contract was entered into, the two bankruptcy trustees comprised a majority of the board of directors. A-One argues that the board of directors had passed beyond the control of the developer, and therefore the remedies of section 718.302 are unavailable. We disagree. The bankruptcy trustees had simply stepped into the shoes of the developer for purposes of section 718.302....
...as stated herein [seven years] or, if not enforceable, the maximum term permitted under applicable law at the time of commencement, or as subsequently amended, whichever is the greater. Entire Agreement subject to provision [sic] of Florida Statute 718.302... . (Emphasis added). By virtue of the quoted language, the parties incorporated into the contract the provisions of section 718.302, Florida Statutes (1983). Insofar as applicable here, paragraph 718.302(1)(a) set forth a general rule which allowed the termination of a contract once the association was turned over to the unit owners. To this rule there was an exception, for leases *593 of "vending equipment to be used in common by unit owners ... at the condominium property." If the vending equipment lease met the criteria set forth in paragraph 718.302(1)(e), then the lease would be enforceable for a term of four years, and could only be cancelled after expiration of the four years....
...the condominium act), cert. denied,
466 U.S. 927,
104 S.Ct. 1710,
80 L.Ed.2d 183 (1984). Here, the parties agreed to be bound by future amendments to the extent that the future amendments made the term of enforceability longer than that permitted by section
718.302(1)(e), Florida Statutes (1983). As a procedural matter, Waterside terminated the lease and brought the action for eviction. In order to escape the general termination provision of paragraph
718.302(1)(a), Fla. Stat. (Supp. 1984), it was incumbent on A-One to plead, as an affirmative defense, the applicability of the vending machine exception, paragraph
718.302(1)(e)....
...Mercy Hospital,
386 So.2d 42 (Fla. 3d DCA 1980) (affirmative defenses not appearing on face of complaint must be pled in an answer). This A-One did. At trial, after Waterside had made its prima facie case, the burden was on A-One to prove the elements of paragraph
718.302(1)(e) as its affirmative defense....
...er of the vending equipment is obligated to make periodic inspections (not less frequently than monthly) and to ensure that all of the same remain in good working order"; and that the "agreement contains the entire understanding of the parties... ." § 718.302(1)(e)1 a-f, Fla. Stat. (Supp. 1984). A-One was also obliged to show that it satisfied the service standards set forth in subparagraph 718.302(1)(e)2. In the event that any of the statutory criteria were not met, then the A-One lease would not qualify under the vending machine exception, and the general termination provision of paragraph 718.302(1)(a) would apply....
...ense. See, e.g., Wagner v. Wagner,
196 So.2d 453, 454 (Fla. 4th DCA 1967). Moreover, a number of the enumerated statutory criteria depend on information which is much more likely to be within the knowledge of the lessee rather than the lessor, e.g., §
718.302(1)(e)1 b; see Ferry-Morse Seed Co....
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 12219, 12 Fla. L. Weekly 2352
of whether a condominium association, under section
718.302, Florida Statutes (1985), can cancel recorded
CopyPublished | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2000, 1986 Fla. App. LEXIS 9705
to cancel the easement rights pursuant to section
718.302, Florida Statutes (1983). The Congregation
CopyPublished | District Court of Appeal of Florida
unconscionability argument, the Association asserts that section
718.302, Florida Statutes (2021), entitled, “Agreements
CopyPublished | Court of Appeals for the Eleventh Circuit
out of his coal mine employment. See 20 C.F.R. §
718.302. The AU found, however, that Jordan had not established
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 598, 1986 Fla. App. LEXIS 6723
that the lease agreement was in violation of section
718.302(2), Florida Statutes (1983). The case was tried
CopyPublished | Florida 3rd District Court of Appeal
1981) ) (additional citations omitted). See also §
718.302(3), Fla. Stat. (2017) (providing that a "grant
CopyPublished | District Court, M.D. Florida | 2011 WL 3170565
...vely argue (1) a developer typically acts on behalf of the association "until the units are sold and the association is turned over to the unit owners" because, until the units sell, *218 "there is no one else to act for the [a]ssociation"; [16] (2) Section 718.302, Florida Statutes, acknowledges this widespread development practice and "specifically addresses unit owners' rights regarding contracts entered prior to association turn-over"; [17] and (3) the bankruptcy judge's "implication" that a...
...nits in the community are included. In providing that the developer has an implied duty to create an association, this section reflects widespread development practice and follows modern common-interest-community statutes. Section 6.19, cmt. a. [17] Section 718.302 states that, upon the affirmative vote of a certain percent of unit owners: [a]ny grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the asso...
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 310, 1986 Fla. App. LEXIS 6120
breach of the lease, appellee argued below that section
718.302(l)(e)lc, Florida Statutes (1983), expressly
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 980, 1987 Fla. App. LEXIS 7560
(The section involved in the instant case is section 718.-302(5), formerly section 711.231, which makes
