Tiffany Plaza Condominium Association, Inc. v. Spencer

416 So. 2d 823 (1992)

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Tiffany Plaza Condominium Association, Inc. v. Spencer

Florida District Court of Appeals
416 So. 2d 823 (1992)

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.)

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