[CLC-Discussion] Condo Association Standing to Bring Units' Loss of Use Damages

Gartenlaub, Douglas dgartenlaub at burr.com
Tue Apr 21 07:10:30 PDT 2020


FRCP 1.221 controls what a condo or home association can represent members on.


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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of jack at wclfirm.com
Sent: Tuesday, April 21, 2020 9:25 AM
To: 'Bryan M. Krasinski' <bmk at kubickidraper.com>; clc-discussion at lists.flabarrpptl.org
Cc: ''Jim Price'' <Jim at hamiltonpricelaw.com>
Subject: Re: [CLC-Discussion] 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
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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of Bryan M. Krasinski
Sent: Tuesday, April 21, 2020 8:58 AM
To: 'clc-discussion at lists.flabarrpptl.org' <clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>>
Cc: 'Jim Price' (Jim at hamiltonpricelaw.com<mailto:Jim at hamiltonpricelaw.com>) <Jim at hamiltonpricelaw.com<mailto:Jim at 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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