Apartment Investment & Management Co. v. Flamingo/South Beach 1 Condominium Ass'n
84 So. 3d 1090
Fla. Dist. Ct. App.2012Background
- AIMCO appeals a non-final order denying arbitration under a broad arbitration clause in the Reciprocal Maintenance, Use and Easement Agreement.
- The Association sued AIMCO alleging violations of the Agreement regarding parking spaces allocated to the South Tower, including improper charges to residents and permittees.
- The Association alleged retaliatory enforcement and towing of vehicles as a response to disputes over parking charges.
- The complaint initially asserted eight counts, later reduced when Count VIII was dismissed without prejudice; the counts sought equitable relief and related remedies.
- The trial court denied AIMCO’s motion to compel arbitration; AIMCO timely appealed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable-relief claims fall outside arbitration. | AIMCO argues arbitration should resolve all claims per 18.1. | Association contends 18.2(b) exempts equitable relief from arbitration. | Yes; equitable-relief claims are exempt and proceed in court. |
Key Cases Cited
- Medanic v. Citicorp Inv. Servs., 954 So.2d 1210 (Fla. 3d DCA 2007) (resolve doubts in favor of arbitration, but not for non-arbitrable equitable relief)
- Seifert v. U.S. Home Corp., 750 So.2d 633 (Fla.1999) (no party may be forced to arbitrate an issue not intended or agreed to)
- Greenberg v. Sellers, 2 So.3d 381 (Fla. 4th DCA 2008) (equitable accounting as non-arbitrable where agreement allows equitable relief)
- Gen. Impact Glass & Windows Corp. v. Rollac Shutter of Tex., Inc., 8 So.3d 1165 (Fla. 3d DCA 2009) (tripartite test for arbitration: valid agreement, arbitrable issues, waived rights)
- Citigroup, Inc. v. Amodio, 894 So.2d 296 (Fla. 4th DCA 2005) (interpret contract language to discern parties' intent on arbitration)