LibGuides: Florida Condominium Law by Trevor Thomson: Association Members Case Law

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Unit Owner Rights & Responsibilities Case Law

Gerber v. Longboat Harbour North Condominium, 724 F. Supp. 884 - Dist. Court, MD Florida 1989
Case describes how unit owners have a right to display a portable U.S. flag in a respectable manner, regardless of any provision in the declaration. - Dunbar, The Condominium Concept

CURCI VILLAGE CONDOMINIUM ASSN. v. Maria, 14 So. 3d 1175 - Fla: Dist. Court of Appeals, 4th Dist. 2009
Case describes how the board may not deny a unit owner from displaying a religious object on a door that does not exceed (3) inches in width and (6) inches in height. - Dunbar, The Condominium Concept
SWEETWATER OAKS CONDO. ASS'N v. CREATIVE CONCEPTS, 432 So. 2d 654 - Fla: Dist. Court of Appeals, 2nd DCA 1983
Case describes how easement owners may not restrict the rights of other owners. - Dunbar, The Condominium Concept
Clearwater Key Ass'n-South Beach, Inc. v. Thacker, 431 So. 2d 641 - Fla: Dist. Court of Appeals, 2nd Dist. 1983
Case describes how no one unit owner may be excused from paying their share of the common expenses, unless all unit owners are excused. - 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 unit owner's right of exclusive possession. - Dunbar, The Condominium Concept
Winter v. Playa del Sol, Inc., 353 So. 2d 598 - Fla: Dist. Court of Appeals, 4th Dist. 1977
Case describes how members have a right to the records of the condominium. - Dunbar, The Condominium Concept
Candib v. Carver, 344 So. 2d 1312 - Fla: Dist. Court of Appeals, 3rd Dist. 1977
Case describes the right to quiet enjoyment of the unit. - Dunbar, The Condominium Concept
Hidden Harbour Estates, Inc. v. Norman, 309 So. 2d 180 - Fla: Dist. Court of Appeals, 4th Dist. 1975
Case describes how the common elements are subject to reasonable restrictions. - Dunbar, The Condominium Concept
Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685 - Fla: Dist. Court of Appeals, 4th Dist. 1971
Case describes how individual owners may not change the common scheme. - Dunbar, The Condominium Concept

Membership Meetings Case Law

Gentry-Futch Co. v. Gentry, 90 Fla. 595 (1925)
Case discusses the requirements of notice for meetings. - Dunbar, The Condominium Concept
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Cannot locate an online version of the case.

Chateau DeVille Condominium Assoc., Inc. v. Mikhail, 583 So. 2d 358 - Fla: Dist. Court of Appeals, 5th Dist. 1991
Case discusses the quorum requirement for special meetings. - Dunbar, The Condominium Concept
WIMBLEDON TOWNHOUSE CONDO v. Wolfson, 510 So. 2d 1106 - Fla: Dist. Court of Appeals, 4th Dist. 1987
Case discusses the requirements for meeting minutes. - Dunbar, The Condominium Concept
Eberwein v. Coral Pine Condominium One, 431 So. 2d 616 - Fla: Dist. Court of Appeals, 4th Dist. 1983
Case discusses procedural voting at meetings. - Dunbar, The Condominium Concept
Winter v. Playa del Sol, Inc., 353 So. 2d 598 - Fla: Dist. Court of Appeals, 4th Dist. 1977
Case discusses reports by officers and committees at membership meetings. - Dunbar, The Condominium Concept
Coleman v. Plantation Golf Club, Inc., 212 So. 2d 806 - Fla: Dist. Court of Appeals, 4th Dist. 1968
Case discusses majority control by corporations. - Dunbar, The Condominium Concept
Nettles Island, Inc. v. Ely, 436 So. 2d 278 - Fla: Dist. Court of Appeals, 4th Dist. 1983
Case discusses voting certificates and proxy requirements. - Dunbar, The Condominium Concept
Abbey Properties Co. v. Presidential Insurance Co., 119 So. 2d 74 - Fla: Dist. Court of Appeals, 2nd Dist. 1960
Case proclaims that "In absence of evidence to the contrary, it will be presumed that the meeting was held in accordance with the statutes, charter and bylaws." - Dunbar, The Condominium Concept