59 So. 3d 363
Fla. Dist. Ct. App.2011Background
- Cali appeals a partial final summary judgment in Meadowbrook on counts I–III of his Second Amended Complaint alleging water leaks from pipes inside interior boundary walls of units 201 and 501.
- Cali claims Meadowbrook owed a duty to repair under Article XXI of the Declaration and §718.113(1), Florida Statutes (2009).
- Meadowbrook contends those interior pipes are not common elements and hence not the Association’s duty to repair.
- The trial court held there was no material issue of fact supporting a duty by Meadowbrook because the pipes were not common elements.
- Key statutory and declaration provisions define common elements, units, and maintenance responsibilities, and the court must construe the declaration strictly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are interior pipes within boundary walls common elements? | Cali: pipes behind interior walls serve more than one unit; thus common elements. | Meadowbrook: pipes behind interior walls are within a unit’s maintainable scope or outside common elements; not common elements. | Reading creates a factual dispute; summary judgment reversed. |
| Does the Declaration, read as a whole, assign maintenance of those pipes to the Association or to individual owners? | Cali: Declaration makes pipes serving multiple units common elements and Association-maintenance. | Meadowbrook: Declaration limits Association repair to other specified pipes; owner responsibilities prevail for interior pipes. | Facts unresolved; must be decided by trier of fact. |
| Is the trial court required to strictly construe the condominium declaration when determining duty? | Cali: declaration should be interpreted to expand the Association’s duties where ambiguity exists. | Meadowbrook: strict construction limits duties to clear contractual language. | Court reverses to allow factual development consistent with strict construction. |
Key Cases Cited
- Woodside Vill. Condo. Ass'n v. Jahren, 806 So.2d 452 (Fla. 2002) (declaration construed to determine association duties)
- Curd Vill. Condo. Ass'n v. Maria, 14 So.3d 1175 (Fla. 4th DCA 2009) (strict construction of condominium declaration)
- Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000) (summary judgment standard and construction of real-property covenants)
- Deeb v. Field, 311 So.2d 736 (Fla. 3d DCA 1975) (intention of contract determined from whole document)