final until disposition of timely filed motion for rehearing.
appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 16-20886, Thomas J. Rebull, Judge.
& Poliakoff, P.A. and Perry M. Adair, and Lillian M.
Farinas-Sabogal, for appellant.
Richards Parker & Colonnelli, P.L. and Elaine D. Walter,
and Yvette R. Lavelle; Clausen Miller, P.C. and Ramy P.
Elmasri (Tampa); Nelles Kostencki and Matthew S. Nelles (Fort
Lauderdale), for appellees.
SALTER, LOGUE, and MILLER, JJ.
Soho Realty, LLC ("Soho"), the owner of defined
commercial units located within the Alexander All Suite
Oceanfront Resort (the "Alexander"), challenges a
grant of final summary judgment in favor of appellees, the
Alexander Condominium Association, Inc. (the
"Association"), Hora Management Program, LLC, and
Beach Resort Suites, LLC. In the judgment, the lower tribunal
determined that transient guests of the Alexander were not
subject to specified registration requirements. For the
reasons set forth herein, we discern no error and affirm.
material facts are not in dispute. The Alexander is a
mixed-use condominium consisting of residential and
commercial units. Soho's commercial holdings include a
front desk, a gift shop, restaurant spaces, a laundry
facility, a freight elevator, banquet halls, office and
storage spaces, cabanas, a boat dock, and an engineering
department. Soho leases certain of these commercial units,
including the front registration desk, to Yahav Enterprises,
the overwhelming majority of residential units are utilized
for the purpose of transient occupancy, the Alexander also
houses numerous permanent residents. Rentals of units are
arranged either through a hotel rental program, operated by
Yahav, or in some other manner outside of the hotel rental
program. As owners are authorized to install keypads on the
exterior of their units to facilitate keyless access,
arranging a rental outside of the hotel program generally
obviates any need for guests to register at the front desk.
filed suit in the lower tribunal seeking a judicial
declaration that, as a "suite hotel," the Alexander
is compelled by the City of Miami Beach Code (the "City
Code") to abide by certain front-desk registration
requirements for transient guests. In its pleadings, Soho
sought a determination that the failure by the Association to
enforce the relevant City Code provision constituted a
violation of its Declaration of Condominium (the
"Declaration"). Soho further offered to register all
guests, through Yahav, for an obligatory fee.
sought summary judgment, contending the Association was not
bound by the hotel suite registration requirement, as
identified in the pleadings.During the pendency of litigation,
the City amended its Code to expand the front-desk
registration requirement. Thereafter, Soho filed a
"Second Amended Complaint," designated within as
"a supplemental complaint." The material
allegations framed by the newly-filed pleading remained
consistent; however, Soho referenced the City Code amendment.
summary judgment motion was scheduled for hearing more than
twenty days after filing. Subsequent to the hearing, the
trial court granted summary judgment in favor of appellees on
two grounds: (1) the Association was not bound to follow the
registration requirements; and (2) the failure to adhere to
the registration requirement constituted a non-conforming
use. The instant appeal ensued.
judgment is proper if there is no genuine issue of material
fact and if the moving party is entitled to a judgment as a
matter of law." Volusia Cty. v. Aberdeen at Ormond
Beach, L.P., 760 So.2d 126, 130 (Fla. 2000) (citing
Menendez v. Palms W. Condo. Ass'n, 736 So.2d 58
(Fla. 1st DCA 1999)). Thus, we review an order granting
summary judgment de novo. Id.