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VME Group International, LLC v. The Grand Condominium Association, Inc.

Florida Court of Appeals, Third District

September 25, 2019

VME Group International, LLC, a Florida limited liability company, Omni Property Management, LLC, a Florida limited liability company, Appellants,
v.
The Grand Condominium Association, Inc., a Florida corporation, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Bronwyn C. Miller, Judge. Lower Tribunal No. 17-25120

          Diaz Reus & Targ, LLP, and Brant C. Hadaway, Gary E. Davidson, Alexandre Ballerini, and Ravika Rameshwar, for appellants.

          Cole, Scott & Kissane, P.A., and Melinda S. Thornton, for appellee.

          Before SCALES, HENDON, and LOBREE, JJ.

          HENDON, J.

         VME Group International, LLC, and Omni Property Management, LLC, (collectively, "VME"), seek to reverse the trial court's denial of their motion for temporary injunction against The Grand Condominium Association, Inc. Fla. R. App. P. 9.130(a)(3)(B). The abuse of discretion standard generally applies to the appeal of orders that grant or deny temporary injunctions. Telemundo Media, LLC v. Mintz, 194 So.3d 434, 435 (Fla. 3d DCA 2016).

         To obtain a temporary injunction, VME had to satisfy the following five-part test: (1) the substantial likelihood of success on the merits, (2) the likelihood of irreparable harm, (3) the unavailability of an adequate remedy at law, (4) the threatened injury outweighs the possible harm, and (5) the issuance of the temporary injunction will not disserve the public interest. See Mintz, 194 So.3d at 436. If a party seeking relief fails to meet any of these requirements, the motion must be denied. Genchi v. Lower Fla. Keys Hosp. Dist., 45 So.3d 915, 919 (Fla. 3d DCA 2010). The order on appeal sets forth the operative facts and the correct legal conclusions necessary to support an affirmance in this case. We need not summarize the order; we reproduce it in full below:

ORDER ON PLAINTIFFS' RENEWED VERIFIED AMENDED MOTION FOR TEMPORARY INJUNCTION
THIS CAUSE having come before the Court on Plaintiffs' Renewed Verified Amended Motion for Temporary Injunction, the Court, having considered the evidence presented, procedural history, argument of counsel and parties, all memoranda, and all relevant legal authority, hereby ORDERS and ADJUDGES as follows:
Background:
Petitioners, VME Group International, LLC, Omni Property Management, LLC, and Global Grand Management, Inc., have filed the instant motion seeking a temporary injunction against Respondent, the Grand Condominium Association, Inc. Petitioners seek to enjoin the Association from "enforcing any rules or policies that are not equally applicable to all Members and uniform in their application and effect . . ." Injunction at 19. Specifically, Petitioners seek to enjoin the enforcement of the First Short-Term Rental Policy, the 72-hour registration rule, the Parking Garage Regulations, The Resolution Directing Implementation of Change in Security Protocol and Procedures, and the Hurricane Windows Assessment.
The Supreme Court described the Grand Condominium in the following manner: Organized in 1986, The Grand Condominium is a mixed-use condominium comprising 810 residential units, 259 commercial units, and 141 retail units. The Grand's articles of incorporation, declaration of condominium, and bylaws provide for a seven-member board of directors governing the association, with two members each elected by the residential unit owners, the commercial unit owners, and the retail unit owners, and the seventh member elected at-large. Cohn v. Grand Condominium Ass'n. Inc., 62 So.3d 1120, 1121 (Fla. 2011).
An explosion in the short-tern rental market, arising out of the popularity and accessibility of Airbnb has presented the Grand's Condominium Association with numerous challenges relating to regulation and security. At the same time, the Association has embarked on a multi-million dollar project to install hurricane impact windows in all units. Plaintiffs owns units at the Grand, but VME and Omni currently have active subleases on all of their units. In 2017, the Association adopted a Policy Concerning ...

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