Beachwood Villas Condominium v. Poor

448 So. 2d 1143 (1984)

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Beachwood Villas Condominium v. Poor

Florida District Court of Appeal
448 So. 2d 1143 (1984)

Facts

The board of directors for the Beachwood Villas Condominium Association (the board) (plaintiff) promulgated two rules regulating unit rentals and occupancy by guests during an owner’s absence. When the authority of the board to enact the rules was challenged in court, the trial court ruled against the board because it found that the board exceeded the scope of its authority under the condominium’s declarations allowing the board to “from time to time, adopt or amend previously adopted rules and regulations governing and restricting the use and maintenance of the condominium units.” The association appealed. There was no argument that the rules violated state condominium law or that the rules were unreasonable. The issue was solely whether the board exceeded its authority in enacting the rules in the absence of an express provision in the condominium’s declarations authorizing the board to enact rules governing the rental and occupancy of units during an owner’s absence.

Rule of Law

Issue

Holding and Reasoning (Hurley, J.)

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