Village on the Green Homeowners Ass'n v. Kessler

District Court of Appeal of Florida

Village on the Green Homeowners Ass'n v. Kessler

464 So. 2d 171, 10 Fla. L. Weekly 252, 1985 Fla. App. LEXIS 12141

CourtDistrict Court of Appeal of Florida

DecidedJanuary 23, 1985

DocketNo. 84-1062

StatusPublished

This text of 464 So. 2d 171 (Village on the Green Homeowners Ass'n v. Kessler) 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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Village on the Green Homeowners Ass'n v. Kessler, 464 So. 2d 171, 10 Fla. L. Weekly 252, 1985 Fla. App. LEXIS 12141 (Fla. Ct. App. 1985).

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Opinion

SHAFER, ROBERT T., Associate Judge.

In this appeal we are called upon to determine whether certain assessment fees are applicable to two lots (lots 84 and 85) purchased by appellees in a residential development. The pivotal question in making this determination is whether lot 84 is an “improved” lot within the language of the Declaration of Covenants, Conditions and Restrictions for Village on the Green Patio Homes (“Declaration”). If so, it was admitted in the Request for Admissions that the appellant was entitled to collect its assessments.

The trial judge, in entering final summary judgment in favor of the appellees apparently concluded that lot 84 was unimproved and, therefore, exempt from assessment fees. We disagree. In our view, in so concluding, the trial judge rewrote the condominium provisions set forth in the Declaration. The Declaration provides that an “improved lot” refers to a lot upon which a patio home has been constructed and for which a valid certificate of occupancy has been issued by the applicable government authority. In this case, the patio home, including its attendant garage building, was constructed in part on both lots 84 and 85 and a certificate of occupancy was issued for all improvements. Thus, lot 84 is an “improved” lot and assessments from appellees are due and payable for that lot as well as lot 85.

Reversed.

SCHOONOVER, A.C.J., and LEHAN, J., concur.

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SHAFER, ROBERT T., Associate Judge.

In this appeal we are called upon to determine whether certain assessment fees are applicable to two lots (lots 84 and 85) purchased by appellees in a residential development. The pivotal question in making this determination is whether lot 84 is an “improved” lot within the language of the Declaration of Covenants, Conditions and Restrictions for Village on the Green Patio Homes (“Declaration”). If so, it was admitted in the Request for Admissions that the appellant was entitled to collect its assessments.

The trial judge, in entering final summary judgment in favor of the appellees apparently concluded that lot 84 was unimproved and, therefore, exempt from assessment fees. We disagree. In our view, in so concluding, the trial judge rewrote the condominium provisions set forth in the Declaration. The Declaration provides that an “improved lot” refers to a lot upon which a patio home has been constructed and for which a valid certificate of occupancy has been issued by the applicable government authority. In this case, the patio home, including its attendant garage building, was constructed in part on both lots 84 and 85 and a certificate of occupancy was issued for all improvements. Thus, lot 84 is an “improved” lot and assessments from appellees are due and payable for that lot as well as lot 85.

Reversed.

SCHOONOVER, A.C.J., and LEHAN, J., concur.

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Bluebook (online)

464 So. 2d 171, 10 Fla. L. Weekly 252, 1985 Fla. App. LEXIS 12141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-on-the-green-homeowners-assn-v-kessler-fladistctapp-1985.