In a case that made its way through arbitration and into state court, Rabin Parker Gurley, P.A. recently secured a favorable trial verdict on behalf of the firm’s condominium association client in a case involving a unit owner’s unauthorized alteration.
In this case, the unit owner constructed an outdoor patio that exceeded the maximum dimensions permitted pursuant to the Association’s rules and regulations. In defense of the action, the owner, via his attorney, argued (among other defenses) that the Association’s rules were ambiguous and that the Association had engaged in selective enforcement.*
At the conclusion of the (Zoom) trial, the Court ordered the owner to reduce the size of his patio so as to bring it into compliance with the Association’s rules and regulations. The Court also awarded prevailing party attorneys’ fees and costs to the Association.
*Selective enforcement is a common legal defense raised in most of the violation/enforcement cases that we file on behalf of our community association clients. Stay tuned for a future blog article regarding the various legal considerations and arguments relating to selective enforcement.
