Cedar Cove Efficiency Condo. Ass'n, Inc. v. CEDAR COVE PROP. INC.

558 So. 2d 475
CourtDistrict Court of Appeal of Florida
DecidedMarch 14, 1990
Docket89-392, 89-1472
StatusPublished
Cited by6 cases

This text of 558 So. 2d 475 (Cedar Cove Efficiency Condo. Ass'n, Inc. v. CEDAR COVE PROP. INC.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cedar Cove Efficiency Condo. Ass'n, Inc. v. CEDAR COVE PROP. INC., 558 So. 2d 475 (Fla. Ct. App. 1990).

Opinion

558 So.2d 475 (1990)

CEDAR COVE EFFICIENCY CONDOMINIUM ASSOCIATION, INC., Appellant,
v.
CEDAR COVE PROPERTIES INC., Appellee.

Nos. 89-392, 89-1472.

District Court of Appeal of Florida, First District.

March 14, 1990.

*476 John H. Jones, Gainesville, for appellant.

James R. Spence, Orlando, and William C. Andrews of Scruggs & Carmichael, P.A., Gainesville, for appellee.

PER CURIAM.

Appellant, a condominium association, challenges the trial court's final judgments denying those parts of claims for special assessments relating to repair costs of balcony and exterior closet doors.[1] It contends that under chapter 718, Florida Statutes, and the condominium documents it is well within its authority to specially assess the members of the association, including appellee,[2] for the cost of these repairs. We agree and reverse.

The association argues that the balconies are "limited common elements" and that the expense of repair and maintenance of all common elements are "common expenses" for which it may assess its members pro rata. Appellee contends that the balconies are included within the vertical boundaries of the condominium documents' definition of a "unit" and that under the Condominium Act, common elements are those portions of condominium property which are not included in the units. It points out that the condominium documents require the unit owner to maintain and repair all portions of a unit except those maintained by the association.

The pertinent portions of the Condominium Act and the condominium documents provide (emphasis added):

Chapter 718, Florida Statutes (1987)
718.103
(6) "Common elements" means the portions of the condominium property which are not included in the units.
(7) "Common expenses" means all expenses and assessments which are properly incurred by the association for the condominium.
* * * * * *
(16) "Limited common elements" means those common elements which are reserved for the use of a certain condominium unit or units to the exclusion of other units, as specified in the declaration of condominium.
* * * * * *
*477 (23) "Unit" means a part of the condominium property which is subject to exclusive ownership. A unit may be in improvements land, or land and improvements together, as specified in the declaration.
* * * * * *
718.113
* * * * * *
(1) Maintenance of the common elements is the responsibility of the association. The declaration may provide that limited common elements shall be maintained by those entitled to use the limited common elements.
* * * * * *
Declaration Of Condominium
[Definitions]
* * * * * *
(b) "Common Elements" shall be all parts of condominium property not included within the unit boundaries as described in Schedule "B".
(c) "Limited Common Elements" means those common elements which are reserved for the use and purpose of a certain condominium unit or units to the exclusion of other units as specified in Schedule "B".
(d) "Common Expenses" include (1) expenses of administration; expenses of maintenance, operation, repair, or replacement of the common elements, and of the portions of units to be maintained by the Association; (2) expenses declared common expenses by provisions of the Declaration or by the By-Laws; and (3) valid charges against the condominium as a whole such as ad valorem taxes for the year in which this Declaration is recorded.
* * * * * *
4.4 Limitation upon Liability of the Association: Notwithstanding the duty of the Association to maintain and repair parts of the condominium property, the Association shall not be liable to condominium unit owners for injury or damage, other than the cost of maintenance or repair, caused by any latent condition of the property to be maintained and repaired by the Association, or caused by the elements or other owners or persons.
* * * * * *
6.1 Common Expense Fund: ... the Association shall estimate ... charges ... assessed to the owners (by) percentage attributable to each unit. If the estimated sum proves inadequate for any reason,... the Board may, at any time, levy a further assessment... . The common expense fund shall be assessed to cover the following: ... (c) The expense of maintenance, operation, repair or replacement of the common elements including, but not limited to, preservation of landscaping, employment of personnel needed, preservation or repair of walls, drives, streets, and building exteriors as the board may, from time to time deem appropriate.
* * * * * *
7.3 Units; Association Responsibility: the Association shall maintain and replace
(1) All portions of a unit, except interior surfaces, contributing to the support of the building, which portions shall include but not be limited to the outside walls of the buildings... .
* * * * * *
7.4 Units; Owner Responsibility: The responsibility of the unit owner shall be (1) To maintain, repair and replace at his expense all portions of his unit except the portions to be maintained, repaired and replaced by the Association.
* * * * * *
(3) Not to paint or otherwise decorate or change the appearance of any portion of the exterior of the building;
* * * * * *
7.7 Responsibility. If the damage is only to those parts of one condominiuim unit for which the responsibility of maintenance and repair is that of the condominium unit owner, then the said owner shall be responsible for reconstruction and repair after casualty. In all other *478 instances, the responsibility of reconstruction and repair after casualty shall be that of the association.
* * * * * *
7.9 Assessments. If the proceeds of insurance are not sufficient to defray the costs of reconstruction and repair by the Association, or if at any time during reconstruction and repair, or upon completion of reconstruction or repair, the funds for the payment of the costs of reconstruction or repair are insufficient, assessments shall be made against the condominium unit owners who owned the damaged condominium units, and against all condominium unit owners in the case of damage to the common elements, in sufficient amounts to provide funds for the payment of such costs. Such assessments against condominium unit owners for damage to condominium units shall be in proportion to the cost of reconstruction and repair of their respective units. Such assessments on account of damage in common elements shall be in proportion to the owners obligation of common expense.
* * * * * *
III. Vertical Boundaries of Units: The vertical boundaries of each unit shall be the exterior of the outside walls of the units. Where there may be attached to such outside walls a balcony,

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Bluebook (online)
558 So. 2d 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cedar-cove-efficiency-condo-assn-inc-v-cedar-cove-prop-inc-fladistctapp-1990.