Isle of Catalina Homeowners Ass'n v. Pardee
Docket: No. 98-1753
Court: District Court of Appeal of Florida; August 20, 1999; Florida; State Appellate Court
Isle of Catalina Homeowners Association, Inc. (ICHA) appealed a decision denying its mandatory injunction request against Janine Pardee for constructing a fence without prior approval from ICHA's board, claiming it violated subdivision covenants. The court affirmed the lower order, noting that Pardee replaced an existing fence in 1993 without ICHA's approval, although she obtained a local permit. Historical context revealed that in 1958, the subdivision's developer imposed restrictions requiring board approval for improvements, with amendments permitted by 50% of lot owners. ICHA's predecessor, Catalina Recreation and Improvement Association (CRIA), amended these restrictions in 1980 but lacked the authority to do so since it was not deemed a successor to the original developer. Additionally, the amendments were not unanimously approved by homeowners. The court concluded that the 1980 amendments were invalid and that ICHA could not enforce restrictions that had not been properly modified, thus supporting Pardee's right to keep her fence. In Pearce v. Scarcello and Failla v. Meaux, it is established that amended restrictions could have been effective as early as 1983, prior to Pardee acquiring title, potentially necessitating her to obtain board approval. However, CRIA did not amend the restrictions under the homeowner amendment provision but rather under the 'successor to developer' provision. The argument regarding the 1983 effective date was not raised by ICHA in earlier proceedings, resulting in it being unpreserved for review. Consequently, the trial court’s order denying relief to ICHA is affirmed. Other issues, such as the validity of CRIA’s reincorporation as ICHA and the legitimacy of the 1980 amendments lacking required signatures, are not addressed due to this ruling. The original restrictions stipulate that the developer or its successors can modify the restrictions with approval from owners of at least 50% of the lots, and these restrictions are binding for 25 years, automatically extending for 10-year periods unless a majority of current owners record an agreement to change them.