Klinow v. Island Court at Boca West Property Owners' Ass'n
64 So. 3d 177
| Fla. Dist. Ct. App. | 2011Background
- Klinows challenged Island Court at Boca West HOA’s amendments to the Declaration and related procedures.
- Is Court approved a beautification project replacing driveways and walkways by two-thirds vote at a December 13, 2007 special meeting.
- A further annual meeting amended the language to grant the HOA discretion to make changes, also passing by two-thirds.
- Both amendments were recorded on May 21, 2008 and involved changes to maintenance covenants governing property improvement.
- The trial court entered judgment for Island Court on all counts after trial, awarding fees and costs to Island Court, which Klinows appealed.
- The court reviews contract interpretation de novo and factual findings for substantial evidence; reasonableness of amendments is the governing standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the amendments reasonable under the covenants? | Klinows contend amendments unlawfully alter the development plan. | Island Court argues amendments promote uniformity and aesthetics consistent with the original plan. | Amendments are reasonable and consistent with the general plan. |
| Was there a proper, two-thirds voting requirement and valid voting process for the amendments? | Klinows claim procedural defects and invalid contingency votes affected result. | Association conducted proper light-touch votes; a second vote confirmed the amendments. | Proper special meeting conducted; two-thirds majority achieved; votes upheld. |
| Do voting certificates affect the validity of the vote? | Lack of certificates for multiple-ownership units should invalidate votes. | Certificates are optional; non-enforcement does not invalidate voting rights. | Voting certificates not required to invalidate votes; noncompliance not grounds to defeat the amendments. |
Key Cases Cited
- Holiday Pines Prop. Owners Ass'n v. Wetherington, 596 So.2d 84 (Fla. 4th DCA 1992) (reasonableness standard for amendments to covenants)
- Flamingo Ranch Estates, Inc. v. Sunshine Ranches Homeowners, Inc., 303 So.2d 665 (Fla. 4th DCA 1974) (radical change of plan concept)
- Nelle v. Loch Haven Homeowners Ass'n, 413 So.2d 28 (Fla. 1982) (impact of amendments on general plan)
- Argoff v. Rainberry Bay Homes Ass'n, 828 So.2d 399 (Fla. 4th DCA 2002) (contract interpretation and enforceability in HOA context)
- Hollywood Towers Condo. Ass'n v. Hampton, 40 So.3d 784 (Fla. 4th DCA 2010) (reasonableness in amendments to covenants)
- Royal Oak Landing Homeowner's Ass'n v. Pelletier, 620 So.2d 786 (Fla. 4th DCA 1993) (two-thirds voting and association action standards)