STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION WATER GLADES 100 CONDOMINIUM ASSOCIATION, INC., Petitioner, v. Case No. 2013-00-9391 LUIS MORENO and MARIE MORENO, Respondents. / SUMMARY FINAL ORDER Relevant Procedural History On March 6, 2013, Water Glades 100 Condominium Association, Inc. (the Association) filed a petition for arbitration against Respondents, Luis Moreno and Marie Moreno, seeking an order requiring Respondents to install hurricane protection in the form of impact resistant glass on all exterior windows, sliding glass doors, stationary glass walls, swing doors and other apertures in the unit. The petition alleged that Respondents were in violation of Article XVIII of the Declaration of Condominium of Water Glades 100 Condominium. An Order Requiring Answer was entered March 12, 2013. Respondents did not directly file an answer to the petition, but sent a letter to the Association s counsel, who filed it on April 2, 2013. In the letter, Respondents acknowledged that they had not replaced windows in their unit (12B) but explained that they could not afford to do so and were exploring financing options with the approved vendors. Respondent s answer raised no defenses to the petition. 1
On May 10, 2013, a case management conference was held in this matter. During the proceedings at the case management conference, Respondents acknowledged that they have not installed impact resistant glass in the unit for hurricane protection. The parties stated that there was a possibility they could reach a settlement, so on May 13, 2013, the arbitrator entered an order holding the case in abeyance until May 24, 2013, pending settlement negotiations. The order stated that a Summary Final Order would be issued after that date unless the parties notified the arbitrator that a settlement had been reached, or asked that the case be continued in abeyance. Neither party has filed any documents or pleadings since the case management conference. This Summary Final Order is entered pursuant to Rule 61B-45.030, Florida Administrative Code, which requires the arbitrator to summarily enter a final order if no disputed issues of material fact exist. Statement of the Issue The issue in this case is whether Respondents are required by the Declaration of Condominium to install hurricane protection in their unit, in the form of impact resistant glass that complies with the Miami-Dade County Code and standards adopted by the Association s board, on all exterior windows, sliding glass doors, stationary glass walls, swing doors and other apertures in the walls bounding their unit. Findings of Fact 1. The Association is the entity responsible for maintenance and operation of Water Glades 100 Condominium. 2. Respondents own Unit 12B in Water Glades 100 Condominium and are 2
members of its Association and are subject to the Declaration of Condominium. 3. Article XVIII, Paragraph D, of the Declaration of Condominium of Water Glades 100 Condominium, was amended on August 24, 2011, to state, in pertinent part: Hurricane Protection: Each Unit Owner is responsible for providing hurricane protection in the form of impact resistant glass on all exterior windows, sliding glass doors, stationary glass walls, swing doors and other apertures in the walls bounding his or her Unit within one (1) year of the effective date of this amendment, all at the cost of the Unit Owner and shall maintain, repair and replace, as necessary, such hurricane protection at his or her expense. Should a Unit Owner wish to install hurricane shutters in addition to impact resistant glass, such hurricane shutters shall conform to the specifications developed by the Board of Administrators of the Association. All hurricane protection installations shall, at a minimum, be installed, maintained, repaired and replaced, so as to meet, at a minimum, the requirements of the Miami-Dade County Code, although the Board is hereby empowered to impose more stringent standards. All references to impact resistant glass shall include the glass, as well as all frames, locks and operating mechanisms, all of which shall be required to meet Miami-Dade County Code and any more stringent standards adopted by the Board. 4. Respondents have not installed hurricane protection in the form of impact resistant glass to the windows, sliding glass doors, stationary glass walls, swing doors, and other apertures in the walls bounding their unit. Conclusions of Law The arbitrator has jurisdiction over this matter pursuant to Section 718.1255, Florida Statutes, to determine the authority of the board of directors to require the owner to take action involving the owner's unit or the appurtenances thereto. Article XVIII, Paragraph D, of the Declaration of Condominium of Water Glades 100 Condominium, as amended on August 24, 2011, requires that each Unit Owner must provide, at his or her own expense, hurricane protection, in the form of impact resistant glass, on all exterior windows, sliding glass doors, stationary glass walls, swing doors and other 3
apertures in the walls bounding his or her Unit within one (1) year of the effective date of the amendment. The Association has filed a petition against Respondents seeking to enforce the hurricane protection provisions of the Declaration of Condominium as to Respondents. Respondents have admitted that they have not installed hurricane protection in the form of impact resistant glass in their unit. Furthermore, Respondents have raised no valid legal defenses to the petition. Respondents will therefore be required to install impact resistant glass in accordance with the Article XVIII, Paragraph D, of the Declaration of Condominium. Accordingly, it is ORDERED: On or before July 1, 2013, Respondents shall install hurricane protection in the form of impact resistant glass on all exterior windows, sliding glass doors, stationary glass walls, swing doors and other apertures in the walls bounding Unit 12B in accordance with the requirements of Miami-Dade County Code and standards adopted by the Association s Board of Directors ( impact resistant glass work ), including, but not limited to: a) Delivering a legible copy of an application to the Association for approval of impact resistant glass work, including plans and specifications evidencing that the proposed installation will conform with the Association s specifications; b) Obtaining a valid and enforceable written contract for the impact resistant glass work signed by the contractor and Respondents and delivering a legible signed copy of the contract to the Association; c) Obtaining a final completion of the impact resistant glass work, including but not limited to obtaining all governmental and city or municipality final inspection approvals in writing; 4
Florida. d) Delivering a legible copy of the final inspection approval to the Association; e) Undertaking the impact resistant glass work in a manner not to allow any lien against the condominium property; and f) Cleaning up the area after the installation. DONE AND ORDERED this 4 th day of June, 2013, at Tallahassee, Leon County, Leslie O. Anderson-Adams, Arbitrator Department of Business and Professional Regulation Arbitration Section 1940 North Monroe Street Suite 16 Tallahassee, Florida 32399-1030 Telephone (850) 414-6867 Facsimile (850) 487-0870 Trial de novo and Attorney s Fees This decision shall be binding on the parties unless a complaint for trial de novo is filed in accordance with section 718.1255, Florida Statutes. As provided by section 718.1255, Florida Statutes, the prevailing party in this proceeding is entitled to have the other party pay reasonable costs and attorney s fees. Any such request must be filed in accordance with Rule 61B-45.048, F.A.C. The remainder of this page is left intentionally blank. The certificate of service appears on the following page. 5
Certificate of Service I hereby certify that a true and correct copy of the foregoing final order has been sent by U.S. Mail to the following persons on this 4 th day of June, 2013: Tanique G. Lee, Esq. GELFAND & ARPE, P.A. 1555 Palm Beach Lakes Blvd., Suite 1220 West Palm Beach, FL 33401 Attorney for Petitioner Luis Moreno 126 Kitchawan Rd. Pound Ridge, NY 10576-1315 Respondent Marie Moreno 126 Kitchawan Rd. Pound Ridge, NY 10576-1315 Respondent Leslie O. Anderson-Adams, Arbitrator 6