Arbitrator's Decision re Century Village's Lawsuit to Dismiss Long Term Lease:

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This post is a synopsis of the result, for the full order see:

https://bit.ly/3JVkxBt

Arbitrator's Decision re Century Village's Lawsuit to Dismiss Long Term Lease:

Third Strike against Century Village

Three Arbitrators extended Long Term Lease to 2030 ;  

Judge Curley ordered single arbitrator; 

Single arbitrator's ruling follows.

Summary: (a) Present rental structure for recreation facilities  remains in place: Approximately $100 for exclusive access; $50 for "maintenance and operation" thereof; (b) UCO must pay for Clubhouse Air-conditioning repair; (c) UCO must pay for arbitrator's fees. 

 Accordingly, having considered Lessor’s Motion for Summary Judgment, Respondent UCO’s Response, UCO’s Motion for Summary Judgment, Lessor’s Response in Opposition to UCO’s Motion for Summary Judgment, as well as UCO’s Reply, having heard oral argument of counsel, and being    otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows:

1. Lessor’s Motion for Summary Judgment is GRANTED.

2. UCO’s Motion for Summary Judgement is DENIED.

3. The HVAC Systems repairs, including those provided in the JLRD Report being performed by CJM Construction, Inc. and DebonAir Mechanical, Inc. at the Main Clubhouse at Century Village WPB are an Operating Expense for which unit owners are responsible and for which UCO should have previously approved payment of.

4. UCO must reimburse Lessor for any funds Lessor has already expended to repair the HVAC Systems at the Main Clubhouse since UCO’s refusal to pay for the repairs beginning in or around July of 2021, promptly on demand together with interest thereon pursuant to Paragraph 4(D) of the Operating Agreement.

7 Also unpersuasive is Lessee’s reliance on the agreement’s “mandatory repairs” provision (Operating Agreement ¶ 2 (O)(2)) in its attempt to avoid liability.

5.UCO is responsible to approve payment as Operating Expenses the current and ongoing repairs to the HVAC Systems at the Main Clubhouse on a going forward basis.

6.Any other expenditures related to the operation, maintenance, refurbishment, replacement, repair or supervision of the HVAC Systems at the Recreational Facilities shall be a line item on the Operational Budget and paid for as such in the future as already provided for in the Operating Agreement.

7.UCO must further reimburse Lessor for the Arbitrator’s fees and costs

pursuant to Paragraph 7(E) of the Operating Agreement. DONE AND ORDERED in Miami Dade County, Florida, this 5th day of August 2022.

posted by Richard Handelsman