Narrative Opinion Summary
Restrictions outlined in a condominium declaration carry a strong presumption of validity when challenged, as unit owners knowingly accept these restrictions upon purchasing their units. Such restrictions are akin to covenants running with the land and can only be invalidated if they are shown to be entirely arbitrary, violate public policy, or infringe upon fundamental constitutional rights. This principle is supported by case law, notably Grove Isle Ass'n Inc. v. Grove Isle Assocs. LLLP and Hidden Harbour Estates, Inc. v. Basso. Additionally, Florida Statute 718.302(3) specifies that any declaration regarding maintenance must align with the powers and duties of the condominium association and the rights of unit owners, ensuring no conflict arises.
Legal Issues Addressed
Conditions for Invalidating Condominium Restrictionssubscribe to see similar legal issues
Application: Restrictions can only be invalidated if they are entirely arbitrary, violate public policy, or infringe upon fundamental constitutional rights.
Reasoning: Such restrictions are akin to covenants running with the land and can only be invalidated if they are shown to be entirely arbitrary, violate public policy, or infringe upon fundamental constitutional rights.
Consistency with Florida Statute 718.302(3)subscribe to see similar legal issues
Application: Any condominium declaration regarding maintenance must align with the powers and duties of the condominium association and the rights of unit owners to avoid conflicts.
Reasoning: Additionally, Florida Statute 718.302(3) specifies that any declaration regarding maintenance must align with the powers and duties of the condominium association and the rights of unit owners, ensuring no conflict arises.
Presumption of Validity of Condominium Restrictionssubscribe to see similar legal issues
Application: Condominium restrictions are presumed valid because unit owners accept them upon purchase. These restrictions are akin to covenants running with the land.
Reasoning: Restrictions outlined in a condominium declaration carry a strong presumption of validity when challenged, as unit owners knowingly accept these restrictions upon purchasing their units.