Walters v. Beach Club Villas Condominium, Inc.
A party guest fell through a hole in a condominium's dock that was under repair by an independent contractor; the jury apportioned fault among the association (15%), the contractor Z-Max (25%), the plaintiff (10%), and the host unit owners as Fabre defendants (50%). The Third District held the association, which owed nondelegable duties to maintain the common-element dock under section 718.113(1) and its declaration, is jointly and severally liable for the contractor's share, but not for the share of the unit-owner joint tortfeasors who owed independent duties. It affirmed the amendment of the comparative-fault defenses to conform to the evidence and found the admission of a prejudicial character-evidence email harmless.
Key facts
- A guest fell through a hole in a condominium's dock that was under repair by independent contractor Z-Max; the jury apportioned fault among the association (15%), the contractor (25%), the plaintiff (10%), and the unit-owner hosts (50%).
- The trial court entered judgment against all defendants jointly and severally; the association appealed, arguing it should not be liable for the contractor's share of fault.
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Why it matters
The opinion extends Pembroke Lakes to condominium associations and draws a practical line: nondelegable-duty joint and several liability reaches the owner's contractor but stops at independent joint tortfeasors on the… — full analysis with a trial
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