Selective Enforcement

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In Killeen v. S.B. Club Condominium Association, Inc., Case No. 2008-06-4403, Summary Final Order (March 6, 2009), the Unit Owner purchased his unit shortly before the Association sent a letter to all unit owners advising that it would begin to strictly enforce provision of the Declaration prohibiting alterations of limited common elements, particularly the installation of screen and glass enclosures on lanais.  Existing enclosures would be allowed to remain unless they interfered with maintenance or suffered substantial damage, in which case they could not be rebuilt.  The Unit Owner sought an Order from the Division to allow a screen enclosure to be installed on his lanai or, in the alternative to require removal of all enclosures.  The arbitrator held that the Association may enforce prospectively a new policy as to an existing restriction which was not previously enforced so long as it is properly adopted and implemented and uniform in application.

 

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