Granada Lakes Villas Condo. Ass’n v. MetroDade Invs. Co.

The Developer of a subdivision of a larger condominium complex (Complex) and the Complex sued the condominium association (Association), alleging that the Association failed to pay the Developer and Complex related expenses for common areas after collecting fees and assessments collected from owners of the condominium units. The Developer subsequently filed an emergency motion for the appointment of a receiver over the Association in order to facilitate the collection of the fees and assessments and to perform a proper accounting. The trial court concluded that it lacked the statutory authority to appoint a receiver in this instance. The court of appeal reversed, holding that the trial court erred as a matter of law because its right to appoint a receiver in this case was inherent in a court of equity, not a statutorily created right. The Supreme Court approved of the appellate court's decision, holding that a court's inherent equitable power to appoint a receiver over a non-profit condominium association like the Association was not limited to certain statutorily enumerated circumstances.View "Granada Lakes Villas Condo. Ass'n v. MetroDade Invs. Co." on Justia Law