VENETIAN ISLES HOMEOWNERS ASSOCIATION, INC., APPELLANT,
v.
JON E. ALBRECHT, APPELLEE

Fla. 2d DCA | 2002-07-10
No. 2D01-4408
SALCINES, J., Concurs., BLUE, C.J., Concurs in part and dissents in part.
823 So. 2d 813 Florida District Court of Appeal, Second District (2002)

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Synopsis

The Venetian Isles Homeowners Association appealed a summary judgment that found restrictive covenants had expired on January 1, 1990, preventing enforcement against a homeowner's wall construction. The court reversed, holding that the word "modified" in the covenant language includes the ability to extend the covenants beyond their stated expiration date.


Holding

The court held that the extension of the duration of restrictive covenants is by plain meaning a modification thereof, and therefore the covenants could be extended beyond January 1, 1990. The word "modified" in the covenant language includes the ability to extend the covenants.


Headnotes

[1] The plain meaning of "modified" in a restrictive covenant includes the ability to extend its duration.

[2] Restrictive covenants can be extended beyond their stated expiration date if the language of the covenant permits modification.

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Key Quotes

“Contract language must be given its plain meaning.”

Establishes the interpretive standard the court applied to the restrictive covenant language.

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Facts & Procedural History

Jon E. Albrecht purchased property in Venetian Isles subdivision in 1997, which was subject to recorded restrictive covenants. Albrecht built a wall t…

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Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

Venetian Isles Homeowners Association, Inc., appeals a final summary judgment finding it lacked the ability to enforce restrictive covenants. Specifically, the final judgment found that the restrictive covenants had expired January 1, 1990. We reverse.

In 1997, Jon E. Albrecht purchased property in the subdivision covered by the restrictive covenants, which were duly recorded in the public records of Pinellas County. Albrecht built a wall that allegedly violates height and location requirements of the restrictive covenants. Thereafter, Venetian Isles brought an action against Albrecht, alleging that his proper ty was in violation of the restrictive covenants.1

Albrecht filed a motion for summary judgment, arguing that the following language in the restrictive covenants precluded their extension beyond the stated term:

The restrictions hereby established shall run with the land and be binding on Robert E. Lee and Company Inc. and its successors and assigns and upon any and all persons and parties who may hereafter purchase, own or occupy any lot or lots within said subdivision up to and including January 1, 1990, unless sooner altered, modified or terminated as herein otherwise prescribed, and may be enforced by any owner of any lot in this subdivision.

In granting summary judgment, the trial judge found that the word “modified” in the above paragraph did not include the ability to extend the restrictive covenants beyond January 1, 1990. We disagree.

We would note that nothing in any other provision of the restrictive covenants alters our decision. “Contract language must be given its plain meaning.” Interfirst Fed. Sav. Bank v. Burke, 672 So. 2d 90, 92 (Fla. 2d DCA 1996). See also Madson v. Madson, 636 So. 2d 769, 761 (Fla. 2d DCA 1994). The extension of the duration of the restrictive covenants is by plain meaning a modification thereof. Consequently, the restrictive covenants could be extended beyond January 1, 1990.

Accordingly, we reverse the final order of summary judgment entered in this cause and remand for proceedings consistent with this opinion.

SALCINES, J., Concurs.

BLUE, C.J., Concurs in part and dissents in part.

. These and other factual matters remain for the trial court to resolve.

Other
BLUE, Chief Judge,

BLUE, Chief Judge,

Concurring in part and dissenting in part.

I concur in part and respectfully dissent in part. I agree that the summary judgment should be reversed, but I conclude that the word “modified” in the restrictive covenants is ambiguous concerning the question of extending the covenants beyond the stated termination date. For this reason, I dissent from this court’s holding that the plain meaning of “modified” permits the extension of the covenants. I am persuaded in part by the inclusion in the covenants of a provision for termination without a corresponding express provision for extension. I would remand for the purpose of a hearing to allow each party to present parol evidence on the intent of the questioned language.


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