DEL RIO VILLAGE TOWNHOUSE HOMEOWNERS' ASS'N, INC. v. DEL RIO VILLAGE

No. 87-2654.

532 So.2d 1108 (1988)

DEL RIO VILLAGE TOWNHOUSE HOMEOWNERS' ASSOCIATION, INC., Appellant, v. DEL RIO VILLAGE, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 16, 1988.


Attorney(s) appearing for the Case

Joseph R. Dawson, of Law Offices of Joseph R. Dawson, Fort Lauderdale, for appellant.

John H. Pelzer, of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellees.


LETTS, Judge.

This case involves a dispute between a developer and a homeowners association over the liability of the former for assessments. The trial judge entered summary judgment in favor of the developer. We reverse.

We conclude that certain clauses in the declaration are ambiguous. As a consequence, there are genuine issues of material fact to be resolved which preclude the entry of a summary judgment. Holl v. Talcott, 191 So...

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