LibGuides: Florida Condominium Law by Trevor Thomson: Condominium Documents Case Law

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Condominium Documents Case Law

Woodside Village Condominium Association, Inc. v. Jahren, 806 So. 2d 452 - Fla: Supreme Court 2002
Case discusses "grandfathering" and amendments to condominium documents. - Dunbar, The Condominium Concept

Raines v. Palm Beach Leisureville Com. Ass'n, 413 So. 2d 30 - Fla: Supreme Court 1982
Case describes the foundation of the theory of common elements shared jointly by others. - Dunbar, The Condominium Concept
White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 - Fla: Supreme Court 1979
Case discusses age covenants and condominium documents. - Dunbar, The Condominium Concept
Century Village, Inc. v. WELLINGTON, ETC., 361 So. 2d 128 - Fla: Supreme Court 1978
Case discusses the weight of statutes in condominium law. - Dunbar, The Condominium Concept
TRANQUIL HARBOUR DEVELOPMENT v. BBT, LLC, 79 So. 3d 84 - Fla: Dist. Court of Appeals, 1st Dist. 2011
Case discusses certificate of occupancy and condominium documents. - Dunbar, The Condominium Concept
Estancia Condo. Ass'n v. Sunfield Homes, Inc., 619 So. 2d 1008 - Fla: Dist. Court of Appeals, 2nd Dist. 1993
Case discusses title and delinquent assessments. - Dunbar, The Condominium Concept
BB Landmark, Inc. v. Haber, 619 So. 2d 448 - Fla: Dist. Court of Appeals, 3rd Dist. 1993
Case describes contract rescission for buyer of condominium unit. - Dunbar, The Condominium Concept
Rothenberg v. Plymouth No. 5 Condo. Ass'n, 511 So. 2d 651 - Fla: Dist. Court of Appeals, 4th Dist. 1987
Case describes liens based on invalid assessments. - Dunbar, The Condominium Concept
Scott v. Sandestin Corporation, 491 So. 2d 334 - Fla: Dist. Court of Appeals, 1st Dist. 1986
Case discusses the power of the master owner's association to require membership in the association in order to use amenities - Dunbar, The Condominium Concept
Juno By The Sea North Condominium v. Manfredonia, 397 So. 2d 297 - Fla: Dist. Court of Appeals, 4th Dist. 1980
Case describes the regulation of the use of the common elements by condominium association. - Dunbar, The Condominium Concept
Hidden Harbour Estates, Inc. v. Basso, 393 So. 2d 637 - Fla: Dist. Court of Appeals, 4th Dist. 1981
Case discusses a violation of the use restrictions of the declaration of condominium. - Dunbar, The Condominium Concept
Sauder v. HARBOUR CLUB COND. NO THREE, INC., 346 So. 2d 556 - Fla: Dist. Court of Appeals, 2nd Dist. 1977
Case discusses a recreation room use agreement between appellee condominium association and appellant developers. - Dunbar, The Condominium Concept
B & J HOLDING CORP. v. Weiss, 353 So. 2d 141 - Fla: Dist. Court of Appeals, 3rd Dist. 1977
Case discusses breach of fiduciary duty by Board officers. - Dunbar, The Condominium Concept
Daytona Development Corporation v. Bergquist, 308 So. 2d 548 - Fla: Dist. Court of Appeals, 2nd Dist. 1975
Case discusses developer failing to assign an undivided share in the condominium's common elements. - Dunbar, The Condominium Concept
Holiday Out in America at St. Lucie, Inc. v. Bowes, 285 So. 2d 63 - Fla: Dist. Court of Appeals, 4th Dist. 1973
Case describes the requirements for voiding of a provision of the declaration of condominium. - Dunbar, The Condominium Concept
Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685 - Fla: Dist. Court of Appeals, 4th Dist. 1971
Case discusses the requirements of material alerations. - Dunbar, The Condominium Concept

Document Disputes Case Law

Loren v. Sasser, 309 F. 3d 1296 - Court of Appeals, 11th Circuit 2002
Court discusses service animals. - Dunbar, The Condominium Concept
White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 - Fla: Supreme Court 1979
Case describes how the board may lose its authority to enforce condo rules, when it fails to enforce rules uniformly. - Dunbar, The Condominium Concept
Mitchell v. BEACH CLUB OF HALLANDALE CONDO. ASSOC. INC., 17 So. 3d 1265 - Fla: Dist. Court of Appeals, 4th DCA 2009
Case describes how unit owners may resolve disputes through mediation and/or non-binding arbitration. - Dunbar, The Condominium Concept
Sorrentino v. River Run Condominium Ass'n, 925 So. 2d 1060 - Fla: Dist. Court of Appeals, 5th Dist. 2006
Court describes how attorney's fees are awarded for the prevailing party in court proceedings. - Dunbar, The Condominium Concept
United Grand Condominium Owners, Inc. v. GRAND CONDOMINIUM ASSOCIATION, INC., 929 So. 2d 24 - Fla 3rd DCA 2006
Case discusses the jurisdiction of arbitrators. - Dunbar, The Condominium Concept
NAT. VENTURES, INC. v. Water Glades 300 Condominium Ass'n, 847 So. 2d 1070 - Fla: Dist. Court of Appeals, 4th DCA 2003
Case discusses the requirement for mandatory nonbinding arbitration. - Dunbar, The Condominium Concept
George v. Beach Club Villas Condominium Assoc., 833 So. 2d 816 - Fla: Dist. Court of Appeals, 3rd Dist. 2002
Court discusses unauthorized alterations of roof shingles. - Dunbar, The Condominium Concept
Neate v. Cypress Club Condominium, Inc., 718 So. 2d 390 - Fla: Dist. Court of Appeals, 4th Dist. 1998
Case describes the purpose and benefits of arbitration. - Dunbar, The Condominium Concept
Camino Gardens Ass'n, Inc. v. McKim, 612 So. 2d 636 - Fla: Dist. Court of Appeals, 4th Dist. 1993
Case discusses sale restrictions and civil rights violations. - Dunbar, The Condominium Concept
Winston Towers 100 Ass'n, Inc. v. De Carlo, 481 So. 2d 1261 - Fla: Dist. Court of Appeals, 3rd Dist. 1986
Case discusses unit owner's liability for damage caused to the condominium. Case also describes "grand-fathering" of pets. - Dunbar, The Condominium Concept
Pearlman v. LAKE DORA VILLAS MAMT., INC., 479 So. 2d 780 - Fla: Dist. Court of Appeals, 5th Dist. 1985
Case describes selective treatment of tenants and owners. - Dunbar, The Condominium Concept
CHATTEL SHIP. & INV. v. BRICKELL PLACE CONDO., 481 So. 2d 29 - Fla: Dist. Court of Appeals, 3rd Dist. 1985
Case describes the importance of timely enforcement of rules. - Dunbar, The Condominium Concept
Ralph v. Envoy Point Condo. Ass'n, 455 So. 2d 454 - Fla: Dist. Court of Appeals, 2nd Dist. 1984
Court describes how necessary emergency repairs may be made without board approval.
Zeskind v. JOCKEY CLUB CONDO. APTS., 468 So. 2d 1021 - Fla: Dist. Court of Appeals, 3rd Dist. 1985
Case describes the enforceability of pet restrictions. - Dunbar, The Condominium Concept
Aquarian Foundation, Inc. v. Sholom House, Inc., 448 So. 2d 1166 - Fla: Dist. Court of Appeals, 3rd Dist. 1984
Court describes how sales restrictions are allowable if provided for clearly and reasonably in the declaration. - Dunbar, The Condominium Concept
Schmeck v. Sea Oats Condo. Ass'n, Inc., 441 So. 2d 1092 - Fla: Dist. Court of Appeals, 5th Dist. 1983
Court discusses unauthorized alterations of storm shutters. - Dunbar, The Condominium Concept
Schmidt v. Sherrill, 442 So. 2d 963 - Fla: Dist. Court of Appeals, 4th Dist. 1983
Court discusses unauthorized alterations of balcony enclosures. - Dunbar, The Condominium Concept
Majestic View Condominium Ass'n v. Bolotin, 429 So. 2d 438 - Fla: Dist. Court of Appeals, 4th Dist. 1983
Case describes the elements of pet restrictions. - Dunbar, The Condominium Concept
Juno By The Sea North Condominium v. Manfredonia, 397 So. 2d 297 - Fla: Dist. Court of Appeals, 4th Dist. 1980
Court described that the authority of the association extends to the regulation of the use of common elements and limited common elements. Case also describes the assignment of individual parking spaces. - Dunbar, The Condominium Concept
MAINLANDS OF TAMARAC, ETC. v. Morris, 388 So. 2d 226 - Fla: Dist. Court of Appeals, 2nd Dist. 1980
Court describes how attorney's fees are awarded for the prevailing party in court proceedings. - Dunbar, The Condominium Concept
Baum v. Coronado Condominium Ass'n, Inc., 376 So. 2d 914 - Fla: Dist. Court of Appeals, 3rd Dist. 1979
Case describes how unit owners have the ability to bring an enforcement action against a non-compliant association. - Dunbar, The Condominium Concept
FOUNTAINS OF PALM BEACH CONDOMINIUM, ETC. v. Farkas, 355 So. 2d 163 - Fla: Dist. Court of Appeals, 4th DCA 1978
Court discusses unauthorized alterations of patios and railings. - Dunbar, The Condominium Concept
Pepe v. Whispering Sands Condominium Ass'n, Inc., 351 So. 2d 755 - Fla: Dist. Court of Appeals, 2nd Dist. 1977
Court held that "[a] declaration...assumes some of the attributes of a covenant running with the land, circumscribing the extent of and limits of the enjoyment and use of real property." - Dunbar, The Condominium Concept
Candib v. Carver, 344 So. 2d 1312 - Fla: Dist. Court of Appeals, 3rd Dist. 1977
Case describes how unit owners have the ability to bring an enforcement against non-compliant neighbors. Case also describes how noise restrictions are allowable. - Dunbar, The Condominium Concept
Seagate Condominium Association, Inc. v. Duffy, 330 So. 2d 484 - Fla: Dist. Court of Appeals, 4th Dist. 1976
Case discusses lease and rental restrictions regarding business purposes. - Dunbar, The Condominium Concept
Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685 - Fla: Dist. Court of Appeals, 4th Dist. 1971
Case describes the responsibility of the board to maintain the condominium's character as established in the declaration of condominium. Court also discusses unauthorized alterations of window enclosures. - Dunbar, The Condominium Concept