FRANK J. SOCKOLOF AND SALLY SOCKOLOF, HIS WIFE, APPELLANTS,
v.
EDEN POINT NORTH CONDOMINIUM ASSOCIATION, INC., APPELLEE
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Unit owners of a condominium challenged a Board of Directors' decision to relocate a fence and expand the pool deck, seeking an injunction. The trial court found the owners failed to prove the meeting or vote was improper, that they delayed seeking relief, and that the Association's interests outweighed the owners' interests. The appellate court affirmed.
The Sockoloffs failed to meet their burden of proof to establish by substantial, competent evidence that the Association meeting and vote were improper or illegal. The Association's interests in maintaining the fence and pool deck in their current location outweigh the Sockoloffs' interests in the garden area. The Sockoloffs' failure to promptly seek relief and preserve the status quo precluded equitable relief.
[1] A party seeking to invalidate an association meeting and vote must meet their burden of proof with substantial, competent evidence.
[2] Expansion of common areas serving useful and beneficial purposes may preclude injunctive relief.
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Join FLexlaw to unlock all legal intelligence“MR. & MRS. SOCKOLOFF have failed to meet their burden of proof to establish by substantial, competent evidence that the ASSOCIATION meeting held November 10, 1982, and the vote resulting therefrom, was improper or illegal.”
Establishes that the trial court found the owners did not prove the Association's meeting or vote was improper.
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Join FLexlaw to unlock all legal intelligenceThe Eden Point North Condominium Association held a meeting on November 10, 1982, where it voted to expand the pool deck and move a fence. The Sockolo…
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PER CURIAM.
Agreeing with the findings of the trial court, we affirm the Final Judgment.* The Final Judgment states in pertinent part:
4.MR. & MRS. SOCKOLOFF have failed to meet their burden of proof to establish by substantial, competent evidence that the ASSOCIATION meeting held November 10, 1982, and the vote resulting therefrom, was improper or illegal. 5. The expansion of the pool deck and movement of the fence serves useful and beneficial purposes, pretermitting relief in favor of Plaintiffs. Calusa Golf, Inc. v. [Carlson, 464 So. 2d 1271 (Fla. 3d DCA 1985)].
6. MR. & MRS. SOCKOLOFF failed to take prompt action to preserve the status quo and otherwise failed to timely seek judicial relief. Although MR. & MRS. SOCKOLOFF were on notice as early as March 15, 1982 that the fence would be moved, this action was instituted after the fence was moved and temporary injunctive relief was not sought.
7. After considering the equities in this action and after balancing the competing interests of the parties, the Court concludes that the ASSOCIATION’S interests in having the fence and pool deck remain in their current location outweighs any asserted interests that MR. & MRS. SOCKOLOFF may have had with respect to the garden area.
These findings are supported by the evidence.
As to the award of attorney’s fees and costs, our review of the record reveals that the amount awarded was calculated in accordance with the lodestar approach enunciated in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). We recognize that the lengthy court proceedings involved in this cáse created a disparity between the relief sought and the amount of attorney’s fees incurred. Nevertheless, the legislature has designated the courts as the appropriate forum for litigating disputes between unit owners and condominium associations, see Tower Forty-One Association v. Levitt, 426 So. 2d 1290, 1291 (Fla. 3d DCA 1983) (Jorgenson, J., specially concurring); large attorney’s fees result from extensive litigation. Because we find that the award of attorney’s fees fell within the parameters of the expert testimony, we affirm the Judgment for Attorney’s Fees and Costs.
Affirmed.
*
We do not agree with the trial court that the developer was an indispensable party, but our decision on this point does not affect our disposition of the cause.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Royal Saxon, Inc. v. Jaye, 536 So. 2d 1046 (Fla. 4th DCA 1988)…involving a house key, an assessment of $191.33 and improper attire, nevertheless, the prevailing party did not bring the litigations. The fees were determined by the trial court to be appropriate. See Sockolof v. Eden Point North Condominium Ass’n, 487 So. 2d 1114 (Fla. 3d DCA 1986). The court below painstakingly supervised the inordinately long war between the litigants, and no useful purpose would be served here by renewing the battles between them. Far too much judicial time and effort have been expended…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Calusa Golf, Inc. v. Lizabeth Carlson and Curtis Carlson, 464 So. 2d 1271 (Fla. 3d DCA 1985)
- State v. Ferris, 464 So. 2d 1271 (Fla. 3d DCA 1985)
- Azif v. E. Airlines, Inc., 426 So. 2d 1290 (Fla. 1st DCA 1983)
- Tower Forty-One Ass'n v. Levitt, 426 So. 2d 1290 (Fla. 3d DCA 1983)