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Atlantis Building B Condominium Ass'n v. Timm

Citations: 543 So. 2d 468; 14 Fla. L. Weekly 1324; 1989 Fla. App. LEXIS 3038Docket: Nos. 87-2939, 87-2940 and 87-2941

Court: District Court of Appeal of Florida; May 31, 1989; Florida; State Appellate Court

Narrative Opinion Summary

Atlantis Building B Condominium Association, Inc. appealed a summary final judgment that invalidated an assessment related to the purchase of specific real property and mandated the association to relinquish any interest in that property. The appellate court affirmed the judgment, referencing precedents from Towerhouse Condominium, Inc. v. Millman and Downey v. Jungle Den Villas Recreation Association, Inc. The decision was concurred by Judges Dell, Walden, and Polen.

Legal Issues Addressed

Precedential Authority in Condominium Disputes

Application: The decision referenced prior cases to justify the ruling, illustrating the reliance on established legal precedents in condominium association disputes.

Reasoning: The appellate court affirmed the judgment, referencing precedents from Towerhouse Condominium, Inc. v. Millman and Downey v. Jungle Den Villas Recreation Association, Inc.

Relinquishment of Property Interest by Condominium Associations

Application: The court mandated that the condominium association relinquish any interest in the property, affirming the judgment that the association's claim was not legally sustainable.

Reasoning: The appellate court affirmed the judgment...and mandated the association to relinquish any interest in that property.

Validity of Property Assessments by Condominium Associations

Application: The appellate court upheld the invalidation of a property assessment made by the condominium association, indicating that the assessment did not comply with legal standards.

Reasoning: Atlantis Building B Condominium Association, Inc. appealed a summary final judgment that invalidated an assessment related to the purchase of specific real property.