Generation Investments, LLC v. Al-Jumaa, Inc., et al., 36 Fla. L. Weekly D197a (Fla. 5DCA 2011)
Florida Real Estate Law
Florida Condominium Associations
In Generation Investments, LLC v. Al-Jumaa, Inc., et. al., 36 Fla. L. Weekly D197a (Fla. 5DCA 2011), a Florida real estate law case involving Florida condominium associations, the Fifth District Court of Appeal for Florida held that a Florida tenant is an indispensable party to a Florida injunction action by a condominium association against the owner of the property. In other words, it would be improper to proceed with the injunction and determine the final outcome of those allegations without the Florida tenant also being present since the tenant’s rights will also be decided in the action.
In this particular case, the Florida condominium association sought a Florida injunction against the owner of the property for conducting timeshare sales and promotions on the condominium property. The tenant that occupied the owner’s property was the party engaging in these business activities but was not named or brought into the lawsuit. Further, the tenant’s lease with the owner predated the passing of the restrictive rules and regulations that prohibited the current business being run from the property. Without the tenant in the lawsuit, the condominium association was able to obtain an injunction against the owner that required the owner to stop all such sales and promotions on the property and to remove all signs and advertising from the building. After the judgment was rendered, the tenant appeared in the case to seek relief from the judgment arguing that its rights were decided in the case without its involvement and an opportunity to be heard. The Fifth District Court of Appeal agreed with the Florida tenant, holding that the injunction against the owner affected the rights of the tenant since it effectively put the tenant out of business and as such, the tenant was an indispensable party to the case and must be added before any such judgment could be rendered.
