Neuman v. Grandview at Emerald Hills, Inc.

861 So. 2d 494 (Fla. Dist. Ct. App. 2003)

 

RULE:

A declaration of condominium, which is the condominium's "constitution," creates the condominium and strictly governs the relationships among the condominium units owners and the condominium association. Under the declaration, the board of the condominium association has broad authority to enact rules for the benefit of the community.

FACTS:

Several condominium unit owners reserved the auditorium on Saturday mornings for what they claimed was a party, although they actually conducted religious services. Other unit owners objected, and after a meeting, the condominium board of directors amended the auditorium use rule to provide that no religious services could be held in the auditorium or in any other common elements. The members filed suit and a temporary injunction was granted as to using the auditorium for religious activities of any kind, but denied as to holding services there. The board then amended the rule to only prohibit holding religious services in the auditorium. The trial court denied a permanent injunction as to the services prohibition and denied the members' motion for rehearing, and they appealed. 

ISSUE:

Was the rule of the Condominium's board of directors reasonable?

ANSWER:

Yes

CONCLUSION:

The court held that the condominium board's rules were reasonable and therefore not violative of FLorida law. The court also noted that there was no peaceful assembly violation, as it was not a categorical ban of the members' right to use the auditorium for any gathering.

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