CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1992 WL 385452
...industry", however that term might be otherwise defined. It boggles the mind to think of the ramifications of a condominium association becoming the statutory employer of every employee of the various organizations with which it might contract under section 718.3025, Florida Statutes (1991) for operation, maintenance or management of the condominium....
CopyCited 7 times | Published | Supreme Court of Florida | 1991 WL 155127
...Mitchell Ryan Katz of Spencer & Klein, P.A., Miami, amicus curiae for Amerivend Corp. OVERTON, Justice. We have for review Commercial Laundries, Inc. v. Palma Del Mar Condominium Association # 5,
561 So.2d 1233 (2d DCA 1990), in which the Second District Court of Appeal held that section
718.3025, Florida Statutes (1985), entitled "Agreements for operation, maintenance, or management of condominiums" did not apply to contracts for services such as coin-operated laundries....
...In 1988, Condominium Association filed a declaratory judgment action, asserting that the lease was unenforceable and that Commercial was not entitled to use the laundry space at the Condominium complex because the lease did not comply with the provisions of section 718.3025, Florida Statutes. [2] Condominium Association asserted that the Third District Court of Appeal's decision in Wash-Bowl, construing section 718.3025 to apply to laundry-space leases, controlled in this situation....
...to meet the minimum requirements set forth in the statute. On appeal, the Second District Court of Appeal expressly disagreed with the result reached by the Third District Court of Appeal in Wash-Bowl, explaining: We do not believe that in enacting section 718.3025, the legislature envisioned that section would apply to coin-operated laundry, food, soft drink, telephone, or other similar vendors....
...nd management of the entire condominium complex and not to contracts involving the operation of laundry equipment installed for the benefit of the condominium owners.
561 So.2d at 1234. The district court noted that in 1986 the legislature clarified section
718.3025 by explaining, in subsection (4), that it was not to apply to contracts for services such as coin-operated laundries. In Wash-Bowl, the Third District Court of Appeal recognized that there were no cases interpreting section
718.3025; however, it concluded that laundry-space leases fell under the statute's purview because "the language `property serving the unit owners' covers washers and dryers which are available for use by all owners."
485 So.2d at 1310. After the Wash-Bowl decision, the legislature enacted chapter 86-175, Laws of Florida, clarifying section
718.3025, Florida Statutes, by adding the following language: (4) Notwithstanding the fact that certain vendors contract with associations to maintain equipment or property which is made available to serve unit owners, it is the intent of the...
...r the convenience of unit owners by lessees *317 or licensees of the association, such as coin-operated laundry, food, soft drink, or telephone vendors; cable television operators; retail store operators; businesses; restaurants; or similar vendors. § 718.3025(4), Fla. Stat. (Supp. 1986) (emphasis added). The legislature has the authority to explain its original intent, and did so in this instance, without modifying the original wording of section 718.3025....
...1982); Gay v. Canada Dry Bottling Co.,
59 So.2d 788 (Fla. 1952). Consequently, it is appropriate for this Court to consider chapter 86-175, Laws of Florida, particularly since there had been a judicial interpretation after the original enactment of section
718.3025 which the legislature believed was contrary to its original intent....
...Accordingly, we approve the decision of the district court in this cause and disapprove the decision of the Third District Court of Appeal in Wash-Bowl. It is so ordered. SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. NOTES [1] We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. [2] Section 718.3025, Florida Statutes (1985), provides: (1) No written contract between a party contracting to provide maintenance or management services and an association which contract provides for operation, maintenance, or management of a condomini...
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 7940, 2004 WL 1224331
...Commercial Laundries of West Fla., Inc.,
586 So.2d 315, 317 (Fla.1991) ("Consequently, it is appropriate for this Court to consider chapter 86-175, Laws of Florida, particularly since there had been a judicial interpretation after the original enactment of section
718.3025 which the legislature believed was contrary to its original intent."); Lowry v....
CopyPublished | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 3225, 1990 WL 60903
...al was not entitled to possess, use, or manage the laundry space at the condominium complex. Although Commercial had performed all conditions required by the lease, the Association based its action upon the third district court’s interpretation of section
718.3025, Florida Statutes (1985), in Wash-Bowl Vending Co. v. No. 3 Condominium Association Village Green, Inc.,
485 So.2d 1307 (Fla. 3d DCA 1986). That statute provides as follows:
718.3025 Agreements for operation, maintenance, or management of condominiums; specific requirements.— (1) No written contract between a party contracting to provide maintenance or management services and an association which contract provides for...
...itled to collect any fees or charges paid for service performed by another party from the party contracting to provide maintenance or management services. (3) Any services or obligations not stated on the face of the contract shall be unenforceable. § 718.3025, Fla.Stat. (1985). In Wash-Bowl, the third district concluded that laundry space leases of the type entered into by the parties in this case were intended by the legislature to be included within the requirements of section 718.3025....
...The trial court, following the Wash-Bowl decision, granted the Association’s motion for summary judgment in this case, finding that the parties’ contract was invalid and unenforceable because it failed to meet the minimum requirements set forth in section 718.3025, Florida Statutes (1983). Because we disagree with the result reached in Wash-Bowl, we reverse the judgment for the Association and certify conflict with the Wash-Bowl decision. We do not believe that in enacting section 718.3025, the legislature envisioned that section would apply to coin-operated laundry, food, soft drink, telephone, or other similar vendors....
...not to contracts involving the operation of laundry equipment installed for the benefit of the condominium owners. We recognize that the legislature has now clarified by an amendment to that statute its intent with respect to the nonap-plication of section 718.3025 to these types of contracts....
...This section does not apply to contracts for services or property made available for the convenience of unit owners by lessees or licensees of the association such as coin-operated laundry, food, soft drink, or telephone vendors; cable television operators, retail store operators; businesses; restaurants; or similar vendors. § 718.3025(4), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 598, 1986 Fla. App. LEXIS 6723
...It was these increases in coinage rates that propelled the Association to seek a declaratory judgment against Wash-Bowl relative to the laundry space lease. The complaint, consisting of two counts, was filed May 4, 1984. The first count alleged that the lease agreement violated the provisions of section
718.3025, Florida Statutes (1985), and the second count alleged that the lease agreement was in violation of section
718.302(2), Florida Statutes (1983)....
...nd count. The court ruled that the lease agreement was unenforceable as it was in violation of Chapter 718 of the Condominium Act, and entered a final judgment to that effect. The issues presented for our consideration under count I are: (1) whether section 718.3025, Florida Statutes (1985), applies to laundry space leases; (2) whether WashBowl complied with the statute as much as was practicable given the purported distinctions between a laundry space lease and an agreement for operation, maintenance or management; (3) whether the Association’s acceptance of the lease for over two years prohibits it from contesting the lease’s compliance with the statute; and (4) whether section 718.3025, Florida Statutes, is unconstitutional on its face and as applied. We will consider the issues raised seri-atim. Section 718.3025, Florida Statutes, places certain minimum requirements on contracts executed between condominium associations and parties contracting to provide for the “operation, maintenance, or management of a condominium association or propert...
...providing service to the association. (e) Discloses any financial or ownership interest which the developer, if the developer is in control of the association, holds with regard to the party contracting to provide maintenance or management services. § 718.3025(1), Fla.Stat. (1985). Wash-Bowl contends that the requirements of the statute do not logically relate to laundry space leases. We do not *1310 agree. Although no Florida cases have interpreted section 718.3025, Florida Statutes, we believe laundry space leases fall under its purview. First, it seems to be clear that the language “property serving the unit owners” covers washers and dryers which are available for use by all owners. § 718.3025(1), Fla.Stat....
...Second, we are asked to decide whether Wash-Bowl complied with the statute as much as was practicable given the differences between a laundry space lease and a contract for the operation, maintenance or management of property serving the unit owners. Wash-Bowl failed to comply with section 718.3025(l)(b), (c), and (d), Florida Statutes....
...§ 718.-3025(l)(e), Fla.Stat. We see no reason why preventive maintenance and coin collection schedules could not be prescribed by agreement. Lastly, Wash-Bowl failed to specify the minimum number of personnel to be employed to perform these services. § 718.3025(l)(d), Fla.Stat....
...Mere time delay is insufficient to support a defense of waiver. O’Brien v. O’Brien,
424 So.2d at 971 ; Mercede v. Mercede Park Italian Restaurant, Inc.,
392 So.2d 997 (Fla.4th DCA 1981). Therefore, we find that the Association did not waive its right to object to the lease under section
718.3025, Florida Statutes. Whether the Association’s acceptance of the benefits of the lease for over two years estops it from raising the invalidity of the lease under section
718.3025, Florida Statutes, is our next question....
...aw. In those cases the public policy behind the statute was not impaired since no question was raised as to whether the party had, in fact, signed the lease. 3 The claimed invalidity was merely technical. In the case at bar, the public policy behind section 718.3025, Florida Statutes, to insure that certain condominium association contracts meet minimum standards, would be totally eroded if the condominium association could be estopped from asserting the contract’s failure to conform to the statute....
...Since there is no allegation that a third party without authority entered into the lease on the Association’s behalf, ratification is inapposite to the facts of the case. Finally, we do not find it necessary to respond in detail to the question whether section 718.3025, Florida Statutes, is unconstitutional on its face and as applied....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 12525, 2009 WL 2601635
...inium. Comcast further argues that the legislature differentiated between “contracts for services” and those “contracts that provide for operation, maintenance, and management of a condominium.” Compare §§
718.115(1)(d),
718.301(4)(n), and
718.3025(4), Fla....
...with respect to the Services directly to [Com-cast] ...." Paragraph six provided that Com-cast "will service and maintain the Facilities and provide Services to the Residents of the Premises....” . We disagree that reference to cable television in section
718.3025(4) suggests that cable television is not within the "operation, maintenance, or management” contemplated in section
718.302....
CopyPublished | Supreme Court of Florida | 1981 Fla. LEXIS 2643
...um maintenance agreement. Petitioners raised the defense that their agreement to pay the claimed condominium maintenance fees was void and unenforceable. Both parties moved for summary judgment. The motions placed in issue the effect and validity of section 718.3025, Florida Statutes (1978 Supp.), which was enacted after the agreement in question was entered into. Ch. 78-340, § 5, Laws of Fla. Section 718.3025 provides: 718.3025 Agreements for operation, maintenance, or management of condominiums; specific requirements.— (1) No written contract between a developer or party contracting to provide maintenance or management services and an association prior to assump...
...chapter 78-340.” The trial court ruled for the plaintiff-respondent, holding section 718.126 unconstitutional as an impairment of the obligation of a contract. We agree. Section 718.126 is an attempt by the legislature to make the requirements of section 718.3025 retroactively applicable....
