4D08-306-Lake Charleston Maintenance Association, Inc. v. Farrell

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State: Florida

Court: Florida Fourth District Court

Docket No: 4D08-306

Case Date: 08/05/2009

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2009

LAKE CHARLESTON MAINTENANCE ASSOCIATION, INC., Appellant, v. COLLEEN E. FARRELL, Appellee. No. 4D08-306 [August 5, 2009] DAMOORGIAN, J. L a k e Charleston Maintenance Association, Inc. (the Association) appeals the trial court's order granting Colleen Farrell's motion for an involuntary dismissal in a non-jury trial. We reverse, holding that the Association submitted sufficient evidence to make a prima facie case thus precluding the trial court from granting an involuntary dismissal under Florida Rule of Civil Procedure 1.420(b). A recitation of the evidence adduced during the Association's case is necessary. Farrell is a homeowner in the homeowner's association known as Lake Charleston. Lake Charleston consists of approximately 2,366 single-family homes. The Association operates and represents Lake Charleston, as well as twenty-seven other sub-associations in the Lake Charleston community. The community is subject to and governed b y its governing documents, which section 720.301(8), Florida Statutes (2006), defines as: (a) the recorded Declaration of Covenants (the Declaration), and (b) the Articles of Incorporation a n d Bylaws of the Association. The Declaration provides for the creation of the Development Review Board (DRB), charged with approving architectural improvements or changes in the subdivision. Section 2, Article X of the Declaration provides, in pertinent part: no building, fence, wall, or other structure or improvement . . . shall be commenced, altered, removed, painted, erected or maintained in the The Properties, nor shall any addition,

removal, change or alteration (including paint or exterior finishing) visible from the exterior of any Unit be made . . . until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to, and approved in writing by, the DRB . . . . The DRB shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alteration, removal or addition contemplated thereby in the location(s) indicated will not be detrimental to the appearance of Lake Charleston as a whole, and that the appearance of a n y structure affected thereby will b e in harmony with the surrounding structures and is otherwise desirable. . . . Until receipt by the DRB of any required plans and specifications, the DRB may postpone review of any plans submitted for approval. Upon such receipt, the DRB shall have thirty (30) days in which to accept or reject any proposed plans and if the DRB does not reject same within such period, said plans shall be deemed approved. The DRB herein shall be the ultimate deciding body and its decisions shall take precedence over all others. (emphasis added). Section 1, Article VII, provides that "[e]ach owner shall repaint, restain, or refinish, as appropriate, the exterior portions of his Unit or Building (with the same colors and materials as initially used or approved by Developer and/or the DRB)." (emphasis added). Article XIII, Section 8 provides that when the Board's approval is required, the Board may, in its sole and absolute discretion, withhold such approval. The Declaration also mandates the composition of the DRB. It states in pertinent part: The DRB shall initially consist of three (3) members. The initial members of the DRB shall consist of persons designated b y th e Developer. . . . Thereafter, each new member of the DRB shall b e appointed b y th e Board of Directors of the Association and shall hold office until such time as h e has resigned or h a s been removed or his successor has been appointed . . . . Prior to January, 2005, the Board of Directors (the Board) had to serve as the DRB. When new members joined the Board the following month, it decided to form a separate DRB. During a meeting, the Board appointed three individuals

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