Palms Rental Program, LLC v. Parkway Palms Resort Condominium Association

Matthew Bernstein (Deland/Central FL) (Condo D&O) Our client, a condominium association, was sued in Osceola County by a LLC that allegedly provided maintenance and marketing services to the association pursuant to an implied or oral contract. The Plaintiff asserted four causes of action against the association (civil theft, breach of an implied or oral contract, intentional interference with a business relationship, and conversion). The amount sought by Plaintiff exceeded $130,000. Early on, it was revealed that the managing member and sole registered officer of the LLC was also the President of the association’s Board of Directors. In July 2017, Mr. Bernstien successfully moved for judgment on the pleadings as to Plaintiff’s causes of action for intentional interference and conversion. Earlier this month (January 2018), after obtaining affidavits from other Board members attesting to the lack of financial interest disclosures by the Plaintiff’s managing member/Board President and the fact that no Board vote was held approving the alleged contract, Vernis & Bowling successfully obtained summary judgment for the association as to the remaining counts for civil theft and breach of an implied/oral contract. The Court also found Fla. Stat. 718.3025 controlling, which requires all association contracts for maintenance services to be in writing. Pursuant to an attorney’s fees provision in the Declaration of Condominium, we will be pursuing fees and costs.