A Review of Recent Appellate Opinions
Charthouse Associates v. Valencia Reserve Homeowners Assoc.
43 Fla. Law Weekly D2645a
Fourth DCA; November 28, 2018
The Brownes resided in a community governed by a homeowner’s association. The Declaration allowed the Brownes and their invitees to use the association’s fitness center. The Brownes hired a personal trainer. Subsequently, the association hired a vendor to provide fitness services, and enacted a rule prohibiting private trainers from doing so in the fitness center. The Brownes then sought a declaratory judgment regarding their right to use their private trainer in the fitness center. Did the trial court err in granting the motion for a summary judgment on the grounds that the private trainer was not a permitted invitee, but a prohibited licensee, because he was being paid?
The answer is:
Yes. A business visitor may be an invitee. The fact that the private trainer was being paid did not make him a licensee. A licensee is an uninvited persons, who’s presence is neither sought nor forbidden. Also, the association’s new rule prohibiting private trainers was invalid because it conflicted with the Declaration which allowed business non-business invitees.
Attorney Samuel A. Walker is a partner at CPLS, P.A., and focuses his practice on civil and criminal appeals. If you are unhappy with the judge’s decision in your case, contact Attorney Walker today at email@example.com to discuss an appeal.