Condo Association Standing to Bring Units' Loss of Use Damages
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I do know that you can SUE a condo association as a “class representative” of the effected units if there was an agreement (usually in the docs) between the COA and the unit owners. See
Royal Ambassador Condo. Asso. v. E. Coast Supply Corp., 495 So. 2d 932 (Fla. 4th DCA 1986)
I am not sure if it is reciprocal, however.
Thank you,
Jack
Jack Taylor, Esq.
Associate Attorney
Williams Law Firm
212 W. Bay Ave
Longwood, FL 32750
Telephone: 407-926-4100
mailto:gtwlaw@ymail.com Jack@WCLfirm.com
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Bryan M. Krasinski
Sent: Tuesday, April 21, 2020 8:58 AM
To: 'clc-discussion@lists.flabarrpptl.org' clc-discussion@lists.flabarrpptl.org
Cc: 'Jim Price' (Jim@hamiltonpricelaw.com) Jim@hamiltonpricelaw.com
Subject: [CLC-Discussion] Condo Association Standing to Bring Units' Loss of Use Damages
Can someone point me to a Florida case which speaks to the issue of whether a condo association has standing (or not) to bring loss of use for each of the units (absent an assignment of rights)? Thank you!
Bryan
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It will turn on whether the loss of use is a “matter of common interest.” Rule 1.221. There are very few appellate cases addressing what that means, and none that I know of on this particular issue. If the “loss of use” is of common elements (e.g. the pool), then unit owners all have an undivided interest in the common elements and so the association could bring the claim. If it’s a loss of use of individual units, it becomes pretty fact intensive. How widespread is the loss of use? How similar are the units that have lost the use? Are some or all rental units? How similar is the loss of use itself (time, total v. partial, etc.)? if an entire condominium had to be evacuated for a repair – the case is easy (probably). If the top floor (and only that floor) of a 20 story building had to be evacuated for a roof repair – it’s a lot harder question, and I would say probably not. But, what if one building of a three building complex had to be evacuated?
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of jack@wclfirm.com
Sent: Tuesday, April 21, 2020 8:25 AM
To: 'Bryan M. Krasinski' bmk@kubickidraper.com; clc-discussion@lists.flabarrpptl.org
Cc: ''Jim Price'' Jim@hamiltonpricelaw.com
Subject: Re: [CLC-Discussion] Condo Association Standing to Bring Units' Loss of Use Damages
I do know that you can SUE a condo association as a “class representative” of the effected units if there was an agreement (usually in the docs) between the COA and the unit owners. See
Royal Ambassador Condo. Asso. v. E. Coast Supply Corp., 495 So. 2d 932 (Fla. 4th DCA 1986)
I am not sure if it is reciprocal, however.
Thank you,
Jack
Jack Taylor, Esq.
Associate Attorney
Williams Law Firm
212 W. Bay Ave
Longwood, FL 32750
Telephone: 407-926-4100
Jack@WCLfirm.commailto:gtwlaw@ymail.com
www.WCLFirm.comhttp://www.wclfirm.com/
[cid:image001.jpg@01D617BA.8856BCB0]
In some circumstances this firm may be deemed a “debt collector” as defined by the Fair Debt Collection Practices Act and other applicable law. In such a case, this is an attempt to collect a debt. Any communication obtained may be used for that purpose.
Important – Williams Law Firm utilizes spam and junk email filtration applications in its email information systems. These systems may prevent or delay delivery of certain email communications. If you do not receive a response to an email communication within two business days, please contact the intended recipient via phone.
This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.
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From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Bryan M. Krasinski
Sent: Tuesday, April 21, 2020 8:58 AM
To: 'clc-discussion@lists.flabarrpptl.org' <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org>
Cc: 'Jim Price' (Jim@hamiltonpricelaw.commailto:Jim@hamiltonpricelaw.com) <Jim@hamiltonpricelaw.commailto:Jim@hamiltonpricelaw.com>
Subject: [CLC-Discussion] Condo Association Standing to Bring Units' Loss of Use Damages
Can someone point me to a Florida case which speaks to the issue of whether a condo association has standing (or not) to bring loss of use for each of the units (absent an assignment of rights)? Thank you!
Bryan
[cid:image002.png@01D617BA.8856BCB0]http://www.kubickidraper.com/
Bryan M. Krasinskihttp://www.kubickidraper.com/staff_detail11.php?MemberID=75
Shareholder
Direct (813) 314-1136
Fax (813) 204-9660
bmk@kubickidraper.commailto:bmk@kubickidraper.com
400 North Ashley Drive, Suite 1200http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=400%20North%20Ashley%20Drive,%20Suite%201200+Tampa,+Florida+33602
Tampa, Florida 33602http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=400%20North%20Ashley%20Drive,%20Suite%201200+Tampa,+Florida+33602
[cid:image003.png@01D617BA.8856BCB0] <https://www.linkedin.com/company/kubicki-draper/> [cid:image004.png@01D617BA.8856BCB0] <https://twitter.com/KubickiDraper>
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FRCP 1.221 controls what a condo or home association can represent members on.
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of jack@wclfirm.com
Sent: Tuesday, April 21, 2020 9:25 AM
To: 'Bryan M. Krasinski' bmk@kubickidraper.com; clc-discussion@lists.flabarrpptl.org
Cc: ''Jim Price'' Jim@hamiltonpricelaw.com
Subject: Re: [CLC-Discussion] Condo Association Standing to Bring Units' Loss of Use Damages
[EXTERNAL EMAIL]
I do know that you can SUE a condo association as a “class representative” of the effected units if there was an agreement (usually in the docs) between the COA and the unit owners. See
Royal Ambassador Condo. Asso. v. E. Coast Supply Corp., 495 So. 2d 932 (Fla. 4th DCA 1986)
I am not sure if it is reciprocal, however.
Thank you,
Jack
Jack Taylor, Esq.
Associate Attorney
Williams Law Firm
212 W. Bay Ave
Longwood, FL 32750
Telephone: 407-926-4100
Jack@WCLfirm.commailto:gtwlaw@ymail.com
www.WCLFirm.comhttp://www.wclfirm.com/
[cid:image001.jpg@01D617C5.1315CBC0]
In some circumstances this firm may be deemed a “debt collector” as defined by the Fair Debt Collection Practices Act and other applicable law. In such a case, this is an attempt to collect a debt. Any communication obtained may be used for that purpose.
Important – Williams Law Firm utilizes spam and junk email filtration applications in its email information systems. These systems may prevent or delay delivery of certain email communications. If you do not receive a response to an email communication within two business days, please contact the intended recipient via phone.
This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Bryan M. Krasinski
Sent: Tuesday, April 21, 2020 8:58 AM
To: 'clc-discussion@lists.flabarrpptl.org' <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org>
Cc: 'Jim Price' (Jim@hamiltonpricelaw.commailto:Jim@hamiltonpricelaw.com) <Jim@hamiltonpricelaw.commailto:Jim@hamiltonpricelaw.com>
Subject: [CLC-Discussion] Condo Association Standing to Bring Units' Loss of Use Damages
Can someone point me to a Florida case which speaks to the issue of whether a condo association has standing (or not) to bring loss of use for each of the units (absent an assignment of rights)? Thank you!
Bryan
[cid:image002.png@01D617C5.1315CBC0]http://www.kubickidraper.com/
Bryan M. Krasinskihttp://www.kubickidraper.com/staff_detail11.php?MemberID=75
Shareholder
Direct (813) 314-1136
Fax (813) 204-9660
bmk@kubickidraper.commailto:bmk@kubickidraper.com
400 North Ashley Drive, Suite 1200http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=400%20North%20Ashley%20Drive,%20Suite%201200+Tampa,+Florida+33602
Tampa, Florida 33602http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=400%20North%20Ashley%20Drive,%20Suite%201200+Tampa,+Florida+33602
[cid:image003.png@01D617C5.1315CBC0] <https://www.linkedin.com/company/kubicki-draper/> [cid:image004.png@01D617C5.1315CBC0] <https://twitter.com/KubickiDraper>
All Service of Pleadings are to be sent to the following E-Mail Address only: bmk-kd@kubickidraper.commailto:bmk-kd@kubickidraper.com
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All the best to you and yours.
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Privileged and Confidential. The information contained in this e-mail message is intended for the use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any use, printing, reproduction, disclosure or dissemination of this communication may be subject to legal restriction or sanction.
Doug is correct. There is a little case law on this but there are several motions, especially in Dade County with Judge Bailey where she has produced orders relating to same.
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Gartenlaub, Douglas
Sent: Tuesday, April 21, 2020 10:11 AM
To: jack@wclfirm.com; 'Bryan M. Krasinski' bmk@kubickidraper.com; clc-discussion@lists.flabarrpptl.org
Cc: ''Jim Price'' Jim@hamiltonpricelaw.com
Subject: Re: [CLC-Discussion] Condo Association Standing to Bring Units' Loss of Use Damages
FRCP 1.221 controls what a condo or home association can represent members on.
[Image removed by sender. Burr & Forman LLP Logo]
AL • DE • FL • GA
MS • NC • SC • TN
Douglas K. Gartenlaub • Partner
Burr & Forman LLP
200 South Orange Avenue , Suite 800, Orlando, Florida 32801
direct 407-540-6643 • fax 321-249-0517 • main 407-540-6600
dgartenlaub@burr.commailto:dgartenlaub@burr.com • www.burr.comhttp://www.burr.com
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The information contained in this email is intended for the individual or entity above. If you are not the intended recipient, please do not read, copy, use, forward or disclose this communication to others; also, please notify the sender by replying to this message, and then delete this message from your system. Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of jack@wclfirm.com
Sent: Tuesday, April 21, 2020 9:25 AM
To: 'Bryan M. Krasinski' bmk@kubickidraper.com; clc-discussion@lists.flabarrpptl.org
Cc: ''Jim Price'' Jim@hamiltonpricelaw.com
Subject: Re: [CLC-Discussion] Condo Association Standing to Bring Units' Loss of Use Damages
[EXTERNAL EMAIL]
I do know that you can SUE a condo association as a “class representative” of the effected units if there was an agreement (usually in the docs) between the COA and the unit owners. See
Royal Ambassador Condo. Asso. v. E. Coast Supply Corp., 495 So. 2d 932 (Fla. 4th DCA 1986)
I am not sure if it is reciprocal, however.
Thank you,
Jack
Jack Taylor, Esq.
Associate Attorney
Williams Law Firm
212 W. Bay Ave
Longwood, FL 32750
Telephone: 407-926-4100
Jack@WCLfirm.commailto:gtwlaw@ymail.com
www.WCLFirm.comhttp://www.wclfirm.com/
[cid:image006.jpg@01D617CE.7EDAD220]
In some circumstances this firm may be deemed a “debt collector” as defined by the Fair Debt Collection Practices Act and other applicable law. In such a case, this is an attempt to collect a debt. Any communication obtained may be used for that purpose.
Important – Williams Law Firm utilizes spam and junk email filtration applications in its email information systems. These systems may prevent or delay delivery of certain email communications. If you do not receive a response to an email communication within two business days, please contact the intended recipient via phone.
This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Bryan M. Krasinski
Sent: Tuesday, April 21, 2020 8:58 AM
To: 'clc-discussion@lists.flabarrpptl.org' <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org>
Cc: 'Jim Price' (Jim@hamiltonpricelaw.commailto:Jim@hamiltonpricelaw.com) <Jim@hamiltonpricelaw.commailto:Jim@hamiltonpricelaw.com>
Subject: [CLC-Discussion] Condo Association Standing to Bring Units' Loss of Use Damages
Can someone point me to a Florida case which speaks to the issue of whether a condo association has standing (or not) to bring loss of use for each of the units (absent an assignment of rights)? Thank you!
Bryan
[cid:image007.png@01D617CE.7EDAD220]http://www.kubickidraper.com/
Bryan M. Krasinskihttp://www.kubickidraper.com/staff_detail11.php?MemberID=75
Shareholder
Direct (813) 314-1136
Fax (813) 204-9660
bmk@kubickidraper.commailto:bmk@kubickidraper.com
400 North Ashley Drive, Suite 1200http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=400%20North%20Ashley%20Drive,%20Suite%201200+Tampa,+Florida+33602
Tampa, Florida 33602http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=400%20North%20Ashley%20Drive,%20Suite%201200+Tampa,+Florida+33602
[cid:image008.png@01D617CE.7EDAD220] <https://www.linkedin.com/company/kubicki-draper/> [cid:image009.png@01D617CE.7EDAD220] <https://twitter.com/KubickiDraper>
All Service of Pleadings are to be sent to the following E-Mail Address only: bmk-kd@kubickidraper.commailto:bmk-kd@kubickidraper.com
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Our commitment to our clients is to provide unstoppable service. We are continuing our business operations but are taking preventative measures consistent with CDC, federal and state government recommendations/orders. We continue to work diligently to respond to our clients’ needs seamlessly via telephone, e-mail and video-conference. You can count on us.
All the best to you and yours.
Disclaimer
Privileged and Confidential. The information contained in this e-mail message is intended for the use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any use, printing, reproduction, disclosure or dissemination of this communication may be subject to legal restriction or sanction.
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