Board of Directors of By the Sea Council of Co-owners, Inc. v. Sondock

644 S.W.2d 774 (1982)

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Board of Directors of By the Sea Council of Co-owners, Inc. v. Sondock

Texas Court of Appeals
644 S.W.2d 774 (1982)

MP

Facts

Melvin Sondock and other condominium unit owners at the By the Sea Condominiums (plaintiffs) filed suit against the condominium’s board of directors for the council of coowners (the board) (defendant) to enjoin the board from removing covered carports and to compel it to repair the carports in the common areas. The board had sought to remove the carports after it promoted and obtained an amendment to the condominium’s declaration that gave it such authority. The nature and use of the common elements of the condominium could be modified if the declaration was properly amended, which required the written consent of the unit owners owning an aggregate of more than 66 2/3 percent of the common elements. Each person who purchased a condominium unit purchased it subject to the terms, conditions, and restrictions of the condominium’s declaration. The trial court found that the amendment was ineffective because the board’s plan to eliminate the carports changed each owner’s percentage of undivided ownership in the common elements, which under another declaration provision required the unanimous consent of all unit owners. The trial court granted a permanent injunction that prohibited the board from removing the carports and requiring the board to repair the carports. The board appealed.

Rule of Law

Issue

Holding and Reasoning (Gonzalez, J.)

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