VME Group International, LLC, a Florida limited liability company, Omni Property Management, LLC, a Florida limited liability company, Appellants,
The Grand Condominium Association, Inc., a Florida corporation, Appellee.
final until disposition of timely filed motion for rehearing.
Appeal from a non-final order from the Circuit Court for
Miami-Dade County, Bronwyn C. Miller, Judge. Lower Tribunal
Reus & Targ, LLP, and Brant C. Hadaway, Gary E. Davidson,
Alexandre Ballerini, and Ravika Rameshwar, for appellants.
Scott & Kissane, P.A., and Melinda S. Thornton, for
SCALES, HENDON, and LOBREE, JJ.
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).
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
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
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 ...