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

Tue Apr 21 08:17:54 PDT 2020

Doug is correct.  There is a little case law on this but there are several motions, especially in Dade County with Judge Bailey where she has produced orders relating to same.

[cid:image001.jpg at 01D617CE.7F2BB140]

Beth-Ann Schulman
Florida Bar Board Certified Construction Lawyer
Shareholder
Boyd & Jenerette, P.A.
800 North Magnolia Ave., Suite 430
Orlando, FL 32803
_________________________________________

Office:  (407) 309-4760 x605
Direct:   (407) 309-4755
Cell:      (407) 701-3033
Download vCard<http://www.boydjen.com/wp-content/uploads/2016/08/Beth-Ann-Schulman.vcf>
www.boydjen.com<http://www.boydjen.com/>

From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Gartenlaub, Douglas
Sent: Tuesday, April 21, 2020 10:11 AM
To: jack at wclfirm.com; '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

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

[Image removed by sender. Burr & Forman LLP Logo]
            AL  • DE • FL  • GA
            MS  • NC • SC  • TN
Douglas K. Gartenlaub  •  Partner
Burr & Forman LLP
200 South Orange Avenue , Suite 800, Orlando, Florida 32801
direct 407-540-6643 • fax 321-249-0517 • main 407-540-6600
dgartenlaub at burr.com<mailto:dgartenlaub at burr.com> • www.burr.com<http://www.burr.com>

360 Attorneys. 19 Offices. 1 Firm. Southeast Strong.
The information contained in this email is intended for the individual or entity above. If you are not the intended recipient, please do not read, copy, use, forward or disclose this communication to others; also, please notify the sender by replying to this message, and then delete this message from your system. Thank you.
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

[EXTERNAL EMAIL]
________________________________
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
Jack Taylor, Esq.
Associate Attorney

Williams Law Firm
212 W. Bay Ave
Longwood, FL 32750
Telephone: 407-926-4100

Jack at WCLfirm.com<mailto:gtwlaw at ymail.com>
www.WCLFirm.com<http://www.wclfirm.com/>
[cid:image006.jpg at 01D617CE.7EDAD220]

In some circumstances this firm may be deemed a “debt collector” as defined by the Fair Debt Collection Practices Act and other applicable law. In such a case, this is an attempt to collect a debt. Any communication obtained may be used for that purpose.

Important – Williams Law Firm utilizes spam and junk email filtration applications in its email information systems. These systems may prevent or delay delivery of certain email communications. If you do not receive a response to an email communication within two business days, please contact the intended recipient via phone.
This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information.  If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited.  If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments.  Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.  If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

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

[cid:image007.png at 01D617CE.7EDAD220]<http://www.kubickidraper.com/>
Bryan M. Krasinski<http://www.kubickidraper.com/staff_detail11.php?MemberID=75>
Shareholder
Direct   (813) 314-1136
Fax       (813) 204-9660
bmk at kubickidraper.com<mailto:bmk at kubickidraper.com>
400 North Ashley Drive, Suite 1200<http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=400%20North%20Ashley%20Drive,%20Suite%201200+Tampa,+Florida+33602>
Tampa, Florida 33602<http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=400%20North%20Ashley%20Drive,%20Suite%201200+Tampa,+Florida+33602>

                                                [cid:image008.png at 01D617CE.7EDAD220] <https://www.linkedin.com/company/kubicki-draper/>   [cid:image009.png at 01D617CE.7EDAD220] <https://twitter.com/KubickiDraper>
All Service of Pleadings are to be sent to the following E-Mail Address only: bmk-kd at kubickidraper.com<mailto:bmk-kd at kubickidraper.com>

________________________________

COVID-19 Notice:

Our commitment to our clients is to provide unstoppable service. We are continuing our business operations but are taking preventative measures consistent with CDC, federal and state government recommendations/orders.  We continue to work diligently to respond to our clients’ needs seamlessly via telephone, e-mail and video-conference.  You can count on us.

All the best to you and yours.

________________________________

Disclaimer

Privileged and Confidential. The information contained in this e-mail message is intended for the use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any use, printing, reproduction, disclosure or dissemination of this communication may be subject to legal restriction or sanction.

Important -Due to the recent restrictions arising as a result of COVID-19 (Coronavirus), we respectfully request that you send any documentation/correspondence electronically instead of via postal mail or fax, if you are able.

Boyd & Jenerette utilizes spam and junk email filtration applications in its email information systems. These systems may prevent or delay delivery of certain email communications. If you do not receive a timely response to an email communication, please contact the intended recipient via phone.

CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication are legally privileged and confidential information, subject to the attorney-client privilege and intended only for the use of the intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return email and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200421/ea1e4a06/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: ~WRD0000.jpg
Type: image/jpeg
Size: 823 bytes
Desc: ~WRD0000.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200421/ea1e4a06/WRD0000-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 2865 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200421/ea1e4a06/image006-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 29874 bytes
Desc: image007.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200421/ea1e4a06/image007-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.png
Type: image/png
Size: 1057 bytes
Desc: image008.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200421/ea1e4a06/image008-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.png
Type: image/png
Size: 983 bytes
Desc: image009.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200421/ea1e4a06/image009-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 6388 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200421/ea1e4a06/image001-0001.jpg>