STATE OF FLORIDA

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

IN RE: PETITION FOR ARBITRATION

Las Palmas Condominium Association of Venice, Inc.,

Petitioner,

v.

Case No. 2013-03-6424

Joseph Venuti, Jr., Trustee, Respondent.

______________________________________/

FINAL ORDER ON REQUEST FOR DAMAGES

On February 19, 2014, a Partial Summary Final Order was entered in the above-

styled case. The Order required Respondent, by no later March 21, 2014, to contract to

have the carpet in his Unit 311 professionally cleaned or to replace the existing carpet

with new carpet. Respondent was required to maintain the unit in a clean, sanitary and

habitable state, free of insect infestation, from the date of this Order forward, and to

allow for monthly inspections by the board for 12 months. Except for damages, the

Order found that the case otherwise was moot.

In the petition, Las Palmas Condominium Association of Venice, Inc. (the

Association) sought reimbursement for "the extra cost of having unit 311 sprayed for

bugs and German Roaches every two weeks at a cost of $100.00 per visit starting May

9, 2013." The Declaration addresses damages as follows:

XVIII. Remedies for violation.

Each unit owner shall be governed by and conform with [sic] this Declaration and the By-Laws attached hereto. Failure to do so shall entitle

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the Association or any unit owner to recover damages or obtain injunctive relief or both, but such relief shall not be exclusive of other remedies provided by law. Section 718.1255(1), Florida Statutes, does not preclude an award of damages under the circumstances of this case. See, e.g., Palmetto Place at Mizner Park Condo. Ass'n, Inc., v. Yurkin, Arb. Case No. 2007-05-9739, Final Order on Request for Damages (Aug. 7, 2008). In the February 19, 2014 Order, jurisdiction was retained over the issue of damages. As noted in the petition, the Association seeks reimbursement for "the extra cost of having unit 311 sprayed for bugs and German Roaches every two weeks at a cost of $100.00 per visit starting May 9, 2013." The February 19, 2014 Partial Summary Final Order found that the petition was not filed until August 30, 2013, therefore the Association could not be reimbursed for spraying Respondent's Unit 311 before that date. The February 19, 2014 Order required the Association to file any invoices from the Association's pest control provider sent to the Association for spraying Respondent's Unit 311 from August 30, 2013, the date the petition was filed, to the date of the Partial Summary Final Order. The Association timely complied. The Order also required Respondent to file, by March 17, 2014, a response to the Association's proof of damages. As of the date of the Order entered herein, Respondent has not filed a response to the Association's proof of damages. The Association filed three (3) invoices from Advanced Pest Systems, Inc. as follows:

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Invoice Date 8/21/13 12/17/13 1/17/14

Service "Service call 311, 306" "Inspection of unit 311 11.20.13" "Inspection & treatment unit 311"

Amount $125 $50 $100 -

The 8/21/13 service call occurred before the filing of the petition on August 30, 2013,

and will not be awarded as discussed above. The 12/17/13 invoice is for an inspection

of unit 311 on November 20, 2013, and not for a spraying of the unit. However, the

inspection was required by the November 20, 2013 Order After Case Management

Conference, and will be addressed in an Order relating to the Association's request for award of prevailing party attorney's fees and costs filed on March 7, 2014.1 The 1/17/14

treatment will be awarded.

Based upon the foregoing, it is ORDERED:

No later than April 16, 2014, Respondent shall pay $100.00 to Palmetto Place at

Mizner Park Condominium Association, Inc. as reimbursement for the spraying of

Respondent's unit 311. DONE AND ORDERED this 25th day of March, 2014, at Tallahassee, Leon

1 Now that a final disposition has been rendered in the instant underlying case by the Order entered herein, an Order permitting Respondent to respond to the Association's motion for prevailing party attorney's fees and costs case will be forthcoming.

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County, Florida.

_________________________________ Glenn Lang, Arbitrator Department of Business and

Professional Regulation Arbitration Section 1940 North Monroe Street Tallahassee, Florida 32399-1030 Section Telephone: 850-414-6867 Section Facsimile: 850-487-0870

Certificate of Service

I hereby certify that a true and correct copy of the foregoing final order has been sent by U.S. Mail, postage prepaid, and by facsimile, where available, to the following persons on this 25th day of March 2014:

Sharon S. Vander Wulp, Esq. Sharon S. Vander Wulp, P.A. 712 Shamrock Blvd. Venice, Florida 34293 Facsimile: 941-492-3116 Attorney for Petitioner

Joseph Venuti, Jr., Trustee 809 Perkins Lane Nokomis, Florida 34275 Respondent

__________________________ Glenn Lang, Arbitrator

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