Naranja Lakes Condominium No. Two, Inc. v. Rizzo

District Court of Appeal of Florida

Naranja Lakes Condominium No. Two, Inc. v. Rizzo

463 So. 2d 378, 10 Fla. L. Weekly 245, 1985 Fla. App. LEXIS 11989

CourtDistrict Court of Appeal of Florida

DecidedJanuary 22, 1985

DocketNo. 83-1501

StatusPublished

Cited by2 cases

This text of 463 So. 2d 378 (Naranja Lakes Condominium No. Two, Inc. v. Rizzo) 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.

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Naranja Lakes Condominium No. Two, Inc. v. Rizzo, 463 So. 2d 378, 10 Fla. L. Weekly 245, 1985 Fla. App. LEXIS 11989 (Fla. Ct. App. 1985).

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Opinion

SCHWARTZ, Chief Judge.

Because a condominium association is the contractually and statutorily designated agent of the unit owners with respect to the maintenance and repair of the common elements, sec. 718.111(6), Fla.Stat. (1981), notice to the association of defects in those areas is deemed to be notice to the owners. 2 Fla.Jur.2d Agency and Employment § 94 (1977). In this case, it appears as a matter of law that the appellant associations became aware — through their own managing agent — of the defects which were the subject matter of the instant class actions against the developers more than four years before they filed suit on the unit owners’ behalf under Fla.R.Civ.P. 1.221 and sec. 718.111(2), Fla.Stat. (1981). Hence, the trial court properly granted summary judgment that the cases were barred by the statute of limitations. Sec. 95.11(3)(c), Fla.Stat. (1981); see Kelley v. School Board of Seminole County, 435 So.2d 804 (Fla.1983).

Affirmed.

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SCHWARTZ, Chief Judge.

Because a condominium association is the contractually and statutorily designated agent of the unit owners with respect to the maintenance and repair of the common elements, sec. 718.111(6), Fla.Stat. (1981), notice to the association of defects in those areas is deemed to be notice to the owners. 2 Fla.Jur.2d Agency and Employment § 94 (1977). In this case, it appears as a matter of law that the appellant associations became aware — through their own managing agent — of the defects which were the subject matter of the instant class actions against the developers more than four years before they filed suit on the unit owners’ behalf under Fla.R.Civ.P. 1.221 and sec. 718.111(2), Fla.Stat. (1981). Hence, the trial court properly granted summary judgment that the cases were barred by the statute of limitations. Sec. 95.11(3)(c), Fla.Stat. (1981); see Kelley v. School Board of Seminole County, 435 So.2d 804 (Fla.1983).

Affirmed.

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Bluebook (online)

463 So. 2d 378, 10 Fla. L. Weekly 245, 1985 Fla. App. LEXIS 11989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naranja-lakes-condominium-no-two-inc-v-rizzo-fladistctapp-1985.

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