Raines v. Palm Beach Leisurville Community Ass'n

48 Fla. Supp. 94
CourtCircuit Court of the 15th Judicial Circuit of Florida, Palm Beach County
DecidedNovember 14, 1978
DocketNo. 72-C-1168-B
StatusPublished

This text of 48 Fla. Supp. 94 (Raines v. Palm Beach Leisurville Community Ass'n) is published on Counsel Stack Legal Research, covering Circuit Court of the 15th Judicial Circuit of Florida, Palm Beach County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raines v. Palm Beach Leisurville Community Ass'n, 48 Fla. Supp. 94 (Fla. Super. Ct. 1978).

Opinion

DANIEL T. K. HURLEY, Cricuit Judge.

On July 6, 1978, this court entered an order which, among other things, contained a final judgment with enforcement procedures. The court explicitly reserved jurisdiction in the cause “. . . for the purpose of taxation of costs, determination of any appropriate award of attorney’s fees, adjudication of improper assessment of the plaintiffs for the time period subsequent to June 30, 1977, and for such other and further purposes that are just and necessary.” The final judgment was not appealed. Subsequently, on October 5, 1978, defendants filed a “motion to clarify final judgment.” In response thereto, plaintiffs filed a “motion to strike motion to clarify final judgment.”

Upon review of the matters set forth in defendants’ motion, and after consideration of argument by counsel, the court has concluded that the reservation of jurisdiction clause in the July 6th final judgment does not detract from the finality of that order. Southeastern Fid. Ins. Co. v. Stevens, 340 So.2d 933 (Fla. 4th DCA 1976). Furthermore, defendants’ motion for clarification is the equivalent of a motion for rehearing which under Rule 1.530(b), Fla.R.Civ.P., had to be served within ten days of the entry of the judgment. Since the motion was not timely filed, the court is without jurisdiction to entertain it and must grant plaintiffs’ motion to strike, Kirby v. Speight, 217 So.2d 871 (Fla. 1st DCA 1969).

Attorney’s fees

Plaintiffs prevailed in the underlying action and as a consequence, assert that they are entitled to recover attorney’s fees in addition to costs. Their claim is predicated upon the contention that the defendant, Palm Beach Leisureville Community Association, Inc. is an “association” as that term is defined in Chapter 718, Fla.Stat., Florida’s Condominium Act. The relevant portions of the statute are set forth below —

718.103(2) “Association” means the corporate entity responsible for the operation of a condominium.
718.103(9) “Condominium” means that form of ownership of real property which is created pursuant to the provisions of this chapter and which is comprised of units that may be owned by one or more persons, and there is, appurtenant to each unit, an undivided share in common elements.
718.103(11) “Condominium property” means the lands, leaseholds, and personal property that are not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium.
718.103(15) “Operation” or “operation of the condominium” includes the administration and management of the condominium property.

[97]*97The facts of this case reveal the Palm Beach Leisureville Community Association, Inc. is an entity which manages Leisureville, an adult community in Boynton Beach, Florida. The living units within the community may be subdivided into two distinct forms of ownership: (1) 1803 improved lots with single family homes which do not entail ownership of any common elements, and (2) 502 condominium apartments, divided into 21 separate condominium associations, each of which also includes an undivided ownership interest in common elements.

The community association’s responsibilities, for both types of living units, are virtually all-encompassing. Under its articles of incorporation and through declarations of restrictions, it makes and collects assessments; operates, maintains and repairs a community-wide sprinkler system; maintains and cares for all lawns; maintains and repairs the exterior portions of all buildings; maintains and repairs all roads and driveways; pays taxes and insurance on all recreational areas; has the authority to approve or disapprove the planting of all trees and shrubbery; regulates and insures visual uniformity throughout the community; and has the authority to approve or disapprove all transfers of title.

After looking at the statistics in this case, (1803 or 78% non-condominium units versus 502 or 22% condominium units, or 89% of residential space for single family homes versus 11% for condominiums), there is an initial temptation to categorize the association’s membership by type of ownership and thereby determine its predominant character, i.e., non-condominium or “community association.” This is not an acceptable method, however, for it disregards Chapter 718’s statutory definitions which alone must be the measuring points used to survey and fix the rights of condominium owners vis á vis an association. Furthermore, such an approach would encourage abuse. It would permit a denial of those protections guaranteed to condominium unit owners simply because they happened to be members of a hybrid association which included a majority of non-condominium residents. Condominium ownership includes certain rights which cannot be divested by organizational titles or schemata.

Therefore, to properly determine whether Palm Beach Leisure-ville Community Association, Inc. is subject to the provisions of Chapter 718, it must be examined from the perspective of a condominium apartment owner. Does it operate, administer or manage the condominium property, i.e., the 5Ó2 apartments and their common elements? A review of the Articles of Incorporation and the Declaration of Restrictions requires an affirmative answer. Though it shares the managerial operation of the condominiums with [98]*98twenty-one associations, no one can dispute that the community association plays a preeminent, if not the dominant, role in governing the community. Multi-level management is perfectly permissible. It was expressly approved by the legislature in Section 718.111(1), Fla. Stat., which provides that, “an association may operate more than one condominium.” Nevertheless, it does not dilute the parent association’s character, nor diminish its obligations under the statute. As this case has vividly demonstrated, Palm Beach Leisureville Community Association, Inc. significantly controls the operation of Leisureville’s condominiums; its actions have a direct and substantial impact on the financial interests of every condominium apartment owner. Consequently, from the testimony and evidence presented in this cause, the court concludes as a matter of fact and law that Palm Beach Leisureville Community Association, Inc. is an “association” as defined by Florida Statute 718.103(2) and is subject to the provisions of the Florida Condominium Act.

In particular, the community association is subject to Section 718.303(1) of the statute which reads, “The prevailing party is entitled to recover reasonable attorney’s fees. This relief does not exclude other remedies provided by law.” The court is not unmindful that the foregoing provision was enacted subsequent to the commencement of this action, but prior to the entry of final judgment. The rule to be applied in such a situation was set down in City of Bellingham v. Eiford Construction Co., 519 P.2d 1330, 1331 (Wash.App. 1974) —

The substantial and overwhelming weight of authority is to the effect that unless a contrary intent clearly appears from the statute, the right to costs and attorney fees, as well as the determination of the amount thereof, is governed by the statute in force at the termination of the action, rather than at the time of its commencement.

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Related

Kirby v. Speight
217 So. 2d 871 (District Court of Appeal of Florida, 1969)
Grammer v. Roman
174 So. 2d 443 (District Court of Appeal of Florida, 1965)
City of Miami Beach v. Jacobs
341 So. 2d 236 (District Court of Appeal of Florida, 1976)
Liberty Mutual Insurance v. Home Insurance Indemnity Co.
371 A.2d 1171 (Supreme Court of New Hampshire, 1977)
City of Bellingham v. Eiford Construction Co.
519 P.2d 1330 (Court of Appeals of Washington, 1974)
Southeastern Fidelity Insurance v. Stevens
340 So. 2d 933 (District Court of Appeal of Florida, 1976)
Milstein v. Werner
58 F.R.D. 544 (S.D. New York, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
48 Fla. Supp. 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raines-v-palm-beach-leisurville-community-assn-flacirct15pal-1978.