104 So. 3d 386
Fla. Dist. Ct. App.2013Background
- Estoril owns the office component of Espirito, a mixed-use high-rise with hotel, residential, and commercial spaces, sharing a twelve-story parking garage.
- Master Covenants (Feb. 2003) authorize Estoril to regulate parking and permit charging a use fee for General Shared Facilities, including the garage, subject to rules Estoril may establish.
- Section 16.1(c) provides Estoril may designate portions of the Office Lot for General Shared Facilities use and establish rules and regulations, including charging use fees, though no definition of 'establish' or 'rules and regulations' appears in the covenants.
- Condominium owners began parking in 2005; Estoril billed the Association for parking in 2005 and later years, with the first turnover to unit owners occurring on November 1, 2007.
- At turnover, Estoril sent an invoice for 10 months of 2007 and presented financial statements showing a substantial amount owed to Estoril by the Association.
- Estoril continued to bill annually for parking charges from 2008 through 2011; the Association did not pay certain charges, prompting Estoril to sue for breach of contract.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a written rule is required to impose a use fee. | Mayfield contends covenants require a formal written rule. | Estoril argues conduct and past practice can establish a rule without formal writing. | Genuine issues of material fact remain; not conclusive that a written rule was required. |
Key Cases Cited
- Riverwood Condo. Ass’n, Inc. v. Litecrete, Inc., 69 So.3d 983 (Fla. 3d DCA 2011) (summary judgment standard; record should be viewed in light favorable to non-movant)
- Cali v. Meadowbrook Lakes View Condo. Ass’n B, Inc., 59 So.3d 363 (Fla. 4th DCA 2011) (issues left for fact finder where material facts exist)
- Swain v. Meadows at Martin Downs Homeowners Ass’n, Inc., 59 So.3d 258 (Fla. 4th DCA 2011) (issues of material fact appropriate for trial)
- MGM Constr. Servs. Corp. v. Travelers Cas. & Sur. Co. of America, 57 So.3d 884 (Fla. 3d DCA 2011) (summary judgment standard and burden on movant)
- Williams v. Fla. Realty & Mgmt. Co., 272 So.2d 176 (Fla. 3d DCA 1973) (summary judgment principles cited by court)