59 So. 3d 258
Fla. Dist. Ct. App.2011Background
- Owners Patricia and Donald Swain appeal after the trial court granted summary judgment to the Association and denied their cross-motion.
- The dispute concerns authority to construct a 1,920 square foot maintenance facility on common area adjacent to recreational grounds, without a vote of unit owners.
- The Board of Directors, comprised of six voting members, approved the construction by a 5–1 vote on July 5, 2006.
- Owners filed suit for declaratory and injunctive relief; an emergency injunction motion was denied; the Association moved for summary judgment.
- The trial court granted summary judgment based on provisions in the Declaration and Florida law, and entered final judgment for the Association.
- On review, the issue is whether the record shows a genuine issue of material fact regarding the Association’s authority to act under the Declaration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to build without unit-owner vote | Swain asserts the Board lacked authority to alter common areas without owner consent. | Meadows argues authority exists under governing documents to maintain and replace facilities. | Summary judgment improper; material fact dispute exists. |
| Effect of Declaration provisions on alteration of common areas | Article V(3) requires approval of all Institutional Mortgagees before encumbrance or partition; alteration constitutes encumbrance. | Board action falls within maintenance and use provisions; alteration is permissible. | Material factual/inferential dispute; not conclusively resolved by SJ. |
| Voting requirements under Articles VI and XIV | Voting limits on village directors and required member votes for new construction | Board authority to manage and modify common areas is not restricted to specific voting provisions for construction. | Record supports a genuine issue of material fact; SJ inappropriate. |
| Applicability of § 720.306 standards | Statutory voting/quorum requirements affect whether the Board could approve without full membership vote. | Statutory provisions do not clearly mandate a member vote for this construction. | Material dispute remains; SJ error. |
Key Cases Cited
- Bender v. CareGivers of Am., Inc., 42 So.3d 893 (Fla. 4th DCA 2010) (de novo SJ standard; record must show no genuine issue)
- Winston Park, Ltd. v. City of Coconut Creek, 872 So.2d 415 (Fla. 4th DCA 2004) (SJ review hinges on record evidence and reasonable inferences)
- Mobley v. Gilbert E. Hirschberg, P.A., 915 So.2d 217 (Fla. 4th DCA 2005) (SJ requires absence of a genuine issue; not proof of plaintiff’s case)