Tiffany Plaza Condominium Association, Inc. v. Spencer
Florida District Court of Appeals
416 So. 2d 823 (1992)
- Written by Mary Phelan D'Isa, JD
Facts
Tiffany Plaza Condominium was a 42-unit residential community in Longboat Key, Florida. The Tiffany Plaza Condominium Association (the association) (defendant), pursuant to the condominium declaration and Florida law, was responsible for the maintenance, repair, and replacement of the condominium’s common elements. However, alterations and improvements of common areas required the written approval of the record owners of not less than 75 percent of the common elements. In 1981, at an annual meeting, association members voted 32-8, with two absences, in favor of constructing a rock revetment (retaining wall) on the sand and beach between the condominium and the mean high-water line of the Gulf of Mexico. The association’s board voted to assess all members a pro rata share of the cost to construct the revetment. Six individual unit owners (the objecting unit owners) (plaintiffs) objected and sought an exemption, arguing that, under the condominium’s declaration, the revetment was an alteration or improvement. The objecting unit owners sued the association to block it from collecting the assessment for the revetment. The trial court ruled for the objecting unit owners, concluding that they should not have to pay the assessment even if the purpose of the alteration or improvement was to maintain the common elements. The association appealed.
Rule of Law
Issue
Holding and Reasoning (Campbell, J.)
What to do next…
Here's why 791,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 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.
