HOA Case Law Journal
with Julie McGhee Howard
Lexington Place Condominium Association v. Flint (Florida)
2022 WL 2276796, 348 So.3d 650 (2022) (Fla. Dist. Ct. App. June 24, 2022)
Don’t Let the Power Go to Your Head
The Lexington Place Condominium Association Board (the “Association”) removed an existing dog park and wallyball court from the community without a vote of the owners. The Board also created a new rule restricting pet ownership in the Association without a vote of the owners. The owners thought this violated their rights and the Association thought it had the right to remove the dog park and wallyball court according to their Association’s governing documents.
The Facts:
- The Association’s declaration allows the Board to make day-to-day decisions but does not allow the Board to make material alterations to common elements without a vote of the membership.
- The Association’s declaration allows for Unit Owners to have no more than two pets.
- Members of the community challenged the Association’s right to materially alter the common elements without majority approval of the members, as their declaration dictated.
- An arbitral tribunal held that the Board did not have the authority to make these changes on its own.
The Issue of the Suit:
The members of the Association sought to enforce the arbitral decision, which stated the Association Board acted without authority in removing the wallyball court and dog park and amending the declaration to restrict pet ownership without majority approval of the members.
Court Decision
The Court upheld the arbitral tribunal’s decision in favor of the members of the Association, finding the Board did not have the power to materially alter common elements or amend the declaration without holding a vote and receiving majority approval from the members.
The Cautionary Tale
Association Boards should seek advice of counsel prior to adopting rules and modifying association governing documents to ensure there is no conflict between the Board’s intended actions and established rules. Even if Boards have the power to make and publish rules and regulations according to their association’s governing documents, those rules cannot conflict with recorded governing documents.
HOA Law Advice to Help Guide Your Board of Directors
At NowackHoward, we focus on condominium association and HOA law throughout Georgia. To learn more about our community association practice and how we can help guide your community, contact one of our attorneys today at (770) 863-8900 or by email at info@nowackhoward.com.
