STATE OF FLORIDA

[Pages:6]STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

IN RE: PETITION FOR ARBITRATION

Sunnybrook Condominium Association, Inc.,

Petitioner,

v.

Case No. 2013-00-1871

Lonna L. Peterman, Respondent.

______________________________________/

SUMMARY FINAL ORDER

Statement of the Issue

The issue in this case is whether conditions within Respondent's unit have

deteriorated to such an extent as to require Respondent to clean her unit.

Procedural History

On January 14, 2013, Sunnybrook Condominium Association, Inc. (the

Association) filed a petition for mandatory, non-binding arbitration naming Lonna L.

Peterman as Respondent. On January 16, 2013, an Order Requiring Answer was

entered.

On February 4, 2013, counsel for the Association filed a Notice of Filing,

accompanied by a Return of Service. The Return of Service shows that Respondent

was served with the Petition, the Order Requiring Answer, and the Arbitration Rules of

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Procedure on January 29, 2013. 1 On February 18, 2013, Respondent filed a one-page, hand-printed letter, with

writing on both sides, dated February 13, 2013. The letter discusses "broken . . . interior pipes in the walls" allegedly repaired by Respondent and the feeding of domestic ducks.

On February 19, 2013, a Notice of Communication and Order was entered. The Order noted that Respondent's letter was not responsive to the petition, and the Order gave Respondent one final opportunity to file an Answer by no later than March 1, 2013 or a Summary Final Order would be entered without further notice. As of the date of the Order entered herein, Respondent has not filed an Answer or any other communication with the arbitrator.

Findings of Fact 1. Sunnybrook Condominium Association, Inc. is the corporate entity responsible for the operation of Sunnybrook Condominium. 2. Respondent is the owner of a life estate interest in Unit 23, 4916 Sunnybrook Drive, New Port Richey, FL 34653. 3. In pertinent part, the following quoted allegations in the petition are unchallenged by Respondent: (10) The smells emanating from the Unit are so foul that the New Port Richey Fire Department and the New Port Richey Police Department were called to the property in September of 2012 to investigate and as a result of the odor personnel from the Fire Department entered the Unit concerned there may be a dead body inside.

1 Because the Association had already served Respondent, an Order Requiring Service was not entered. The packet containing the Order Requiring Answer, the petition and the rules was mailed by the Division to Respondent via United States Certified Mail, return receipt requested, on January 16, 2013. On February 20, 2013, the packet was returned by the United States Postal Service marked "Unclaimed."

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(11) Surrounding units complain of cockroach infestations and cockroaches are regularly seen in and around the Unit and neighboring units in significantly elevated numbers on the outside lanai/patio and the neighboring units require increasing pest control. (12) As recently as December 27, 2012, the Unit has been entered and pictures of the interior condition were taken, copies of which are attached hereto as Exhibit "B". 4. The photographs show a bedroom, a hallway, and a dining/living area with the floor and all available furniture and other surfaces covered with various items, including bottles, cans, and various other items, to such an extent that it would be impossible to walk through these areas without stepping on one or more of the items, or to find an unoccupied space on any of the surfaces. Similarly, the photos of the kitchen counters, the stove and the dining table show them to be completely filled with cans, food containers and multiple layers of unwashed dishes.

Conclusions of Law The Association is an association within the meaning of Section 718.103, Florida Statutes. Pursuant to Section 718.1255, Florida Statutes, the undersigned has jurisdiction over the parties to, and the subject matter of, this dispute. If no disputed issues of material fact exist, the arbitrator may enter a summary final order. Fla. Admin. Code R. 61B-45.030. Section 718.113(3), Florida Statutes, provides, "(3) A unit owner shall not do anything within his or her unit or on the common elements which would adversely affect the safety or soundness of the common elements or any portion of the association property or condominium property which is to be maintained by the association." In pertinent part, the applicable provisions of Article 22. of the Declaration of Condominium are quoted as follows:

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A. In addition to other obligations and duties heretofore set out in this Declaration, every Owner of a Unit shall abide by the following use restrictions and any rules and regulations adopted by the Board of Directors of the Association, which shall govern the use of the Units, Common Elements and Limited Common Elements of this Condominium and the property owned by the Association by the Unit Owners and all persons claiming by, through or under them: . . . (3) . . . To provide a healthy environment and in order to eliminate odors and vermin, all garbage must be placed in plastic bags and deposited ONLY in the containers so designated. . . . . (4) Each owner shall maintain his unit in a clean and sanitary manner. . . . . . . . (20) No owner or resident of a unit shall permit or suffer anything to be done or kept in his unit or limited common elements appurtenant thereto, if any, . . . which will obstruct or interfere with the rights of other unit owners or residents or annoy them by unreasonable noises or otherwise; nor shall an owner or resident commit or permit any nuisances, immoral or illegal act in his unit or on the common elements, limited common elements or common areas.

(emphasis in the original). It is clear from the pictures that Respondent's unit is not

being kept in a clean and sanitary manner and is strewn with garbage, and these

conditions are attracting pests which interferes with the right of other unit owners to be

free of pests.

In pertinent part, the Association seeks the following as relief:

(1) Order the Respondent to clean and sanitize the interior of the Unit and schedule an access date for the Association's designated agent(s) to inspect the interior of the Unit once cleaning and sanitization has [sic] been completed to take place no later than fifteen (15) days from the date of the order; (2) Order the Respondent to maintain the Unit in a clean and sanitary manner in the future so that foul odors do not emanate from the Unit and insects and rodents are not attracted to the Unit and surrounding units and common elements and allow the Association's designated agent(s) access once a month to inspect the condition of the Unit; (3). Order the Respondent to hire a pest control company to treat the interior of the Unit or, in the alternative, to require the Respondent to allow access to the Unit on a monthly or less frequently [sic] basis for purposes of pest control, the costs of which may be assessed to Respondent's Unit;

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Arbitration cases have permitted such relief and more, when requested and appropriate. See, e.g., Southmont Cove at Lexington Condo. Ass'n, Inc. v. McQuaide, Arb. Case No. 2011-01-8661, Summary Final Order (June 16, 2011) (citing Colony Pointe 6 Condo. Ass'n, Inc. v. Kaplan, Arb. Case No. 98-3905, Final Order (June 24, 1998)) (Respondent ordered to hire cleaning service to clean once a month for period of two years, and if not done, Association authorized to contract for such service or have its agents do the work, and in either event, bill Respondent; Association authorized to conduct bi-weekly inspection of unit during ordinary business hours for a period of two years).

Based upon the foregoing, it is ORDERED: 1. No later 5:00 p.m. on March 25, 2013, Respondent shall:

a. Thoroughly clean and sanitize her unit and allow the Association's designated agent(s) to inspect the interior of the Unit once cleaning and sanitizing have been completed; and

b. Hire a pest control company to treat the interior of Respondent's unit and provide proof thereof to the Association, failing which Respondent shall permit access to the Unit by the Association on a monthly or less frequent basis, for purposes of pest control, with the cost of such pest control to be paid by Respondent.

2. As required by the condominium documents governing her unit, Respondent shall maintain her unit in a clean and sanitary manner.

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3. On a monthly basis for up to two (2) years, Respondent shall permit access to

her unit by the Association's designated representative(s) to inspect the condition of

Respondent's unit.

DONE AND ORDERED this 8th day of March, 2013, at Tallahassee, Leon

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

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 Fla. Admin. Code R. 61B-45.048.

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 facsimile, where available, to the following persons on this 8th day of March 2013:

Tiffany A. Grant, Esq. Joseph R. Cianfrone, P.A. 1964 Bayshore Boulevard Suite A Dunedin, Florida 34698 Facsimile: 727-733-0042 Attorneys for Petitioner

Lonna L. Peterman 4916 Sunnybrook Drive Unit 23 New Port Richey, Florida 34653 Respondent

__________________________ Glenn Lang, Arbitrator

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