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Commercial Laundries of West Florida, Inc. v. Palma Del Mar Condominium Ass'n 5 of St. Petersburg, Inc.

Citations: 561 So. 2d 1233; 1990 Fla. App. LEXIS 3225; 1990 WL 60903Docket: No. 89-02144

Court: District Court of Appeal of Florida; May 11, 1990; Florida; State Appellate Court

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Commercial Laundries of West Florida, Inc. successfully appealed a final summary judgment favoring Palma Del Mar Condominium Association. The Association had sought a declaratory judgment claiming that a 1983 lease for laundry space was unenforceable and that Commercial was not entitled to use the laundry space. Despite Commercial fulfilling all lease conditions, the Association's argument relied on a prior case (Wash-Bowl Vending Co. v. No. 3 Condominium Association Village Green, Inc.), interpreting section 718.3025 of the Florida Statutes, which outlines requirements for contracts related to condominium management and services.

The court found that the trial court incorrectly followed the Wash-Bowl decision, which had concluded that laundry space leases fell under section 718.3025. The appellate court disagreed, asserting that the statute was intended for contracts governing the entire condominium complex's operation and not for specific vendor services like laundry. 

The court noted that the legislature subsequently amended section 718.3025 in 1986 to clarify that the statute does not apply to contracts for services provided by vendors like coin-operated laundry services. The appellate court rejected the Wash-Bowl interpretation and reversed the judgment, remanding the case for further proceedings. The decision also certified conflict with the Wash-Bowl ruling. Judges Threadgill and Altenbernd concurred with the decision.