STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION GRAND ISLES CONDOMINIUM ASSOCIATION, INC., Petitioner, v. Case No. 2014-04-6658 JOEL L.G. HUSSON, Respondent. / SUMMARY FINAL ORDER On November 5, 2014, Grand Isles Condominium Association, Inc. (the Association) filed a petition for mandatory non-binding arbitration naming Joel L.G. Husson as the respondent. On December 2, 2014, Respondent filed an answer to the petition. By order dated December 4, 2014, the undersigned directed the Association to file a reply to Respondent s answer on or before December 17, 2014. Because the Association had failed to file a reply, on December 29, 2014, the undersigned entered a Notice of Intent to Enter Summary Final Order stating that unless a reply disputing the answer s factual allegations is filed on or before January 9, 2015, it will be presumed that the Association does not dispute the answer s factual allegations and a summary final order would be entered in this matter. As of the date this order, the Association has not filed a reply to Respondent s answer. This summary final order is entered accordingly. 1
Findings of Fact 1. Grand Isles Condominium Association, Inc. is the legal entity responsible for the operation the Grand Isles Condominium (the Condominium). 2. Respondent owns unit 715 in the Condominium. 3. Respondent has installed two small security cameras on the second floor balcony of his unit above the unit s garage door. 4. One of the cameras is mounted atop a vertical standing decorative log. The other camera is mounted on a hanging plant stand. Both the log and the plant stand are free standing. Neither camera is attached to the building. 5. The balcony is a limited common element. 6. Article 11.4 of the Declaration of Condominium for Grand Isles Condominium (the Declaration) states, in pertinent part: No owner shall make or permit the making of any material alterations or substantial additions to his or her unit, its appurtenant limited common elements, or the common elements, or in any manner change the exterior appearance of any portion of the Condominium, without first obtaining the written approval of the Board. 7. Article 11.2(P) of the Declaration prohibits unit owners from making alterations stating: Not to paint or otherwise decorate or change the appearance of any portion of the building not within the interior walls of the unit or which is visible from the exterior, unless the written consent of the Association is obtained in advance. No owner shall make any change, modification, or alteration to the portions of the improvements which are to be maintained by the Association or remove any portion thereof or make any additions thereto, or to do any work which would jeopardize the safety or soundness of the buildings on the Association Property or impair the easements. 8. Article 12.8 of the Declaration states: 2
Antennae and Satellite Dishes. No outside television, radio or other electronic towers, aerials, antennae, satellite dishes or devices of any type or kind for the reception or transmission of radio or television broadcasts or other means of communication (collectively, Devices ) shall be placed or erected upon any portion of a unit, the Association Property, except as may be required in connection with the provision of a bulk cable television or master antenna system servicing the Condominium, or as may be allowed by any applicable law. The Board may adopt reasonable rules governing the types of Devices that may be installed and may impose restrictions relating to safety, size, location and maintenance of the Devices. No ham radios or radio transmission equipment shall be operated permitted to be operated within the Association Property without the prior written consent of the Board. Conclusions of Law The Grand Isles Condominium is a condominium within the meaning of section 718.103, Florida Statutes. The undersigned has jurisdiction over the parties and subject matter of this dispute pursuant to section 718.1255, Florida Statutes. Respondent, by his ownership of a unit at the condominium, is required to comply with all governing condominium documents. The petition alleges that Respondent has violated article 11.4 of the Declaration by installing security cameras on the limited common element balcony of his unit. Article 11.4, in pertinent part, prohibits unit owners from making any material alterations or substantial additions to the limited common elements without first obtaining the written approval of the Board. In Sterling Village Condo., Inc. v. Breitenbach, 251 S.2d 685, 687 (Fla. 4th 1971), the court defined material alteration or addition as follows as applied to a building, the term material alteration or addition means to palpably or perceptively vary or change the form, shape, elements or specifications of a building from its original design or plan, or existing condition, in such a manner as to appreciably affect or influence its function, use or appearance. 3
The small cameras on Respondent s balcony do not physically modify the building nor do the cameras palpably or perceptively vary or change the form, shape, elements or specifications of the building. Therefore, the cameras do not constitute a material alteration or addition. Article 11.4 of the Declaration also prohibits owners from changing, in any manner, the exterior appearance of any portion of the Condominium. Article 11.2(P) of the Declaration contains a similar restriction. Attached to Respondent s answer is a photograph of Respondent s balcony taken from ground level. Based upon the photograph, it is difficult to find that the small cameras change the appearance of the condominium any more than typical patio décor would. Therefore, the cameras are found not to improperly change the appearance the Condominium. Article 11.2(P) of the Declaration also prohibits owners from making any change, modification, or alteration to the portions of the improvements which are to be maintained by the Association or remove any portion thereof or make any additions thereto, or to do any work which would jeopardize the safety or soundness of the buildings on the Association Property or impair the easements. The Association has failed to plead any facts that would establish a violation of this provision. The petition claims that Respondent has violated Article 12.8 of the Declaration. This provision regulates the placement of antennae and satellite dishes and prohibits the use of ham radios. The provision does not address the placement of small security cameras. 4
Based upon the foregoing, it is ORDRED: The Association s requested relief is denied. DONE AND ORDERED this 10 th day of February, 2015, at Tallahassee, Leon County, Florida. James W. Earl, Arbitrator Department of Business and Professional Regulation Arbitration Section 1940 North Monroe Street 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, Florida Administrative Code. Certificate of Service I hereby certify that a true and correct copy of the foregoing Summary Final Order has been sent by U.S. Mail to the following persons on this 10 th day of February 2015: Russell M. Robbins, Esquire Mirza Basulto & Robbins, LLP 14160 N.W. 77 th Court Suite 22 Miami Lakes, FL 33016 Attorney for Petitioner Peter M. Feaman, Esq. Peter M. Feaman, P.A. 3695 W. Boynton Beach Blvd. Suite 9 Boynton Beach, FL 33436 Attorney for Respondent James W. Earl, Arbitrator 5