If permission is granted by one Board member, is the Association legally stopped from enforcing its governing documents?
In Curci Village Condominium Association, Inc. v. Santa Maria, 14 So. 3d 1175 (Fla. 4th DCA, June 17, 2009), an Owner in a homeowners association verbally asked the Association's president for permission to install decorative improvements in her backyard. The president stated that he "didn't see a problem with it," and the owner then installed the improvements without applying for or receiving written approval from the Association, as was required under the Declaration. The court ruled that the Association was not prohibited from seeking enforcement of the Declaration. The owner could not reasonably or justifiably rely on the president's statement, which was merely a verbal opinion from one member of a three member Board.
Who insures unit owner improvements to limited common element areas?
Can Bulk Cable contracts entered by the Developer be cancelled by the Association after turnover?