SANTA ROSA BBFH, INC.; GEORGE BULL AND MARY T. BULL; AND ATLANTIC BEACH MANAGEMENT, INC., APPELLANTS,
v.
ISLAND ECHOS CONDOMINIUM ASSOCIATION AND MUTUAL FEDERAL SAVINGS AND LOAN ASSOCIATION OF PENSACOLA, APPELLEES; MUTUAL FEDERAL SAYINGS AND LOAN ASSOCIATION OF PENSACOLA, APPELLANT, V. ISLAND ECHOS CONDOMINIUM ASSOCIATION; SANTA ROSA ISLAND BBFH, INC.; GEORGE BULL AND MARY T. BULL; AND ATLANTIC BEACH MANAGEMENT, INC., APPELLEES
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The court affirmed the trial judge's order of summary judgment, finding it proper and sustainable on multiple grounds.
The trial court entered an order of summary judgment based on its construction of a condominium declaration. The appellate court reviewed this order.…
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PER CURIAM.
The order of the trial judge entered August 17, 1981 is affirmed. Rule 1.220(b), Florida Rules of Civil Procedure (1977), republished in 1980 as Rule 1.221.1 The trial court’s entry of summary judgment based on its construction of the declaration is proper and can be sustained on a number of grounds. First, on the record, the equities are with Island Echos Condominium Association. See Welch v. Point of Americas Condominium Apartments, 378 So. 2d 60 (Fla. 4th DCA 1979). Second, any ambiguity in a declaration of condominium is to be construed against the author of the declaration, i.e., the developer. See, Kaufman v. Shere, 347 So. 2d 627 (Fla. 3d DCA 1977).
Our affirmance does not extend to the issue raised by Mutual Federal Savings and Loan Association concerning the validity of its mortgage upon the leasehold interest in Unit 1-G. That issue was not addressed in, nor resolved by, the order of summary judgment and is still pending before the trial court for further consideration.
BOOTH, SHIVERS and JOANOS, JJ., concur. . See, Reibel v. Rolling Green Condominium Association, Inc., 311 So. 2d 156 (Fla. 3d DCA 1977); Avila South Condominium Association, Inc. v. Kappa Corporation, 347 So. 2d 599 (Fla.1977).
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Alternative Dev., Inc. v. ST. Lucie Club & Apt. Homes Condo. Ass'n, Inc., 608 So. 2d 822 (Fla. 4th DCA 1992)…biguity in the declaration of condominium must be construed against the developer who authored the declaration. Enegren v. Marathon Country Club Condo. W Ass’n., 525 So. 2d 488 (Fla. 3d DCA 1988); Santa Rosa BBFH, Inc. v. Island Echos Condo. Ass’n., 421 So. 2d 534 (Fla. 1st DCA 1982), appeal dismissed, 426 So. 2d 28 (Fla.1983). Appellants make the argument that the court improperly referred to the Prospectus in the final judgment, as the lack of ambiguity in the declaration rendered improper the consideration…
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Edbury R. Enegren v. Marathon Country Club Condo. W. Ass'n, Inc., 525 So. 2d 488 (Fla. 3d DCA 1988)…3d DCA 1977) (any ambiguity found in rent escalation clause would be construed against developer/lessors as authors of the declaration of condominium), cert. denied, 355 So. 2d 517 (Fla.1978); Santa Rosa BBFH, Inc. v. Island Echos Condominium Ass’n, 421 So. 2d 534 (Fla. 1st DCA 1982) (any ambiguity in a declaration of condominium is to be construed against the author of the declaration), appeal dismissed, 426 So. 2d 28 (Fla.1983). The trial court also declared that appellant’s reliance was not reasonable. As…
Authorities Cited
- Avila S. Condo. Ass'n v. Kappa Corp., 347 So. 2d 599 (Fla. 1976)
- Kaufman v. Shere, 347 So. 2d 627 (Fla. 3d DCA 1977)
- Reibel v. Rolling Green Condo. A, Inc., 311 So. 2d 156 (Fla. 3d DCA 1975)