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RIZZO v. NARANJA LAKES CONDOMINIUM

No. 86-559.

498 So.2d 451 (1986)

S.A. RIZZO and W. George Kennedy, Appellants, v. NARANJA LAKES CONDOMINIUM ASSOC. NUMBERS ONE, TWO, THREE, FOUR AND FIVE, Appellees.

District Court of Appeal of Florida, Third District.

July 29, 1986.

Attorney(s) appearing for the Case

Daniels & Hicks and Bambi G. Blum, Miami, for appellants.

Jeffrey M. Feuer, Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

The trial judge ruled that the developers-landlords under a 99-year "net lease"1 of the common areas of a condominium complex were "required under the lease to make all capital improvements required when a condition of disrepair can not be corrected by ordinary maintenance and repairs." We reverse.

It is established Florida law that the lessee, not the lessor, has the duty to make repairs of any kind to the...

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