Debary Plantation Unit 21 B Homeowners Ass'n v. Debary Plantation Community Ass'n
Debary Plantation Unit 21 B Homeowners Ass'n v. Debary Plantation Community Ass'n
Opinion of the Court
This appeal involves a dispute between a master homeowner’s association and a sub-association in a planned unit development over which association is responsible to pay for repairs to a portion of that development’s surface water/storm water management system “SWMS” located within the sub-association’s area. The trial court granted summary judgment for the master association, finding that each association was responsible to maintain and repair those portions of the SWMS within its own common areas. The sub-association appeals, arguing first, that the case was not ripe for summary judgment and second, that the master association was exclusively responsible to maintain the entire SWMS throughout the development. Reviewing the matter de novo, see McInerney v. Klovstad, 935 So.2d 529, 530 (Fla. 5th DCA 2006), we reverse the summary judgment and remand for further proceedings. Because there is ambiguity within the master declaration, and between the two declarations, as to which association is responsible to maintain the SWMS within the subdivisions, the case should not have been summarily decided. See, e.g., S & T Anchor
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.