Saucier v. The Colonies at Berkshire Lakes Condominium Association, Inc.

Waynice Green-Musgrove and Evelyn Greenstone Kammet (Miami, FL) (D&O) Vernis & Bowling’s Miami Office obtained a Final Order pursuant to which Plaintiffs’ Third Amended Complaint was dismissed with prejudice after two years of litigation. The claims advanced by Plaintiffs were based on allegations that the owners of the unit directly above Plaintiffs’ unit were causing noise disturbances and resulting damages suffered by Plaintiffs. Plaintiffs not only sought relief against the upstairs neighbors, but they also sought to hold the Condominium Association liable by claiming the Association had both a statutory and contractual duty to regulate and remediate flooring modifications within units. After obtaining three dismissals of all prior iterations of Plaintiffs’ pleading, the trial court dismissed Plaintiffs’ Fourth Amended Complaint with prejudice after Ms. Green-Musgrove and Ms. Greenstone Kammet successfully argued the allegations of the pleading were belied by the exhibits thereto, namely the Declaration of Condominium which unequivocally provided the upstairs unit owners’ flooring was not a common element, flooring was the sole responsibility of the unit owners, association approval was not required prior to the installation of flooring, and any responsibility to comply with governmental regulations (i.e., noise ordinances) belonged to the party responsible for the affected property—Plaintiff’s upstairs neighbors, not the Association. Accordingly, the trial court found that after multiple failed pleading attempts by Plaintiffs, dismissal with prejudice was warranted. Thereafter, Plaintiffs stipulated to the Association’s entitlement to prevailing party attorney’s fees, and the parties reached an agreement as to the amount Plaintiffs were required to reimburse the Association.