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

644 S.W.2d 774 (1982)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

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

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

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 736,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 736,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 736,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership