Hidden Harbour Estates, Inc. v. Norman

Decision Date14 March 1975
Docket NumberNo. 74--824,74--824
PartiesHIDDEN HARBOUR ESTATES, INC., Appellant, v. Bradford E. NORMAN and Evelyn E. Norman, Appellees.
CourtFlorida District Court of Appeals

Walter M. Meginniss, of Crary, Buchanan & Meginniss, Stuart, for appellant.

Harold W. Long, Jr., Stuart, for appellees.

DOWNEY, Judge.

The question presented on this appeal is whether the board of directors of a condominium association may adopt a rule or regulation prohibiting the use of alcoholic beverages in certain areas of the common elements of the condominium.

Appellant is the condominium association formed, pursuant to a Declaration of Condominium, to operate a 202 unit condominium known as Hidden Harbour. Article 3.3(f) of appellant's articles of incorporation provides, inter alia, that the association shall have the power 'to make and amend reasonable rules and regulations respecting the use of the condominium property.' A similar provision is contained in the Declaration of Condominium.

Among the common elements of the condominium is a club house used for social occasions. Pursuant to the association's rule making power the directors of the association adopted a rule prohibiting the use of alcoholic beverages in the club house and adjacent areas. Appellees, as the owners of one condominium unit, objected to the rule, which incidentally had been approved by the condominium owners voting by a margin of 2 to 1 (126 to 63). Being dissatisfied with the association's action, appellees brought this injunction suit to prohibit the enforcement of the rule. After a trial on the merits at which appellees showed there had been no untoward incidents occurring in the club house during social events when alcoholic beverages were consumed, the trial court granted a permanent injunction against enforcement of said rule. The trial court was of the view that rules and regulations adopted in pursuance of the management and operation of the condominium 'must have some reasonable relationship to the protection of life, property or the general welfare of the residents of the condominium in order for it to be valid and enforceable.' In its final judgment the trial court further held that any resident of the condominium might engage in any lawful action in the club house or on any common condominium property unless such action was engaged in or carried on in such a manner as to constitute a nuisance.

With all due respect to the veteran trial...

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100 cases
  • Grovenburg v. Rustle Meadow Assocs., LLC
    • United States
    • Connecticut Court of Appeals
    • June 20, 2017
    ...quotation marks omitted.) Id., at 738, 904 A.2d 188.In so noting, our Supreme Court expressly relied on Hidden Harbour Estates, Inc. v. Norman , 309 So.2d 180 (Fla. App. 1975), an early case that employed a reasonableness standard of review to discretionary association action. In that case,......
  • Nahrstedt v. Lakeside Village Condominium Assn.
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    ...of owning property in a common interest development. As the Florida District Court of Appeal observed in Hidden Harbour Estates, Inc. v. Norman (Fla.Dist.Ct.App.1975) 309 So.2d 180, a decision frequently cited in condominium cases: "[I]nherent in the condominium concept is the principle tha......
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    ...to use of condominium property than may be existent outside the condominium organization.” (quoting Hidden Harbour Estates, Inc. v. Norman, 309 So.2d 180 (Fla. 4th DCA 1975))). The only other Florida case in this vein, Europco Management Co. of America v. Smith, 572 So.2d 963, 966–67 (Fla. ......
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    ...in a common interest development." Nahrstedt, 33 Cal.Rptr.2d 63, 878 P.2d at 1282 ; see also Hidden Harbour Estates, Inc. v. Norman, 309 So.2d 180, 181–82 (Fla. Dist. Ct. App. 1975) (explaining principle "inherent" to condominium concept is that "to promote the health, happiness, and peace ......
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5 books & journal articles
  • Chapter 6 - § 6.1 • INTRODUCTION
    • United States
    • Colorado Bar Association Colorado Community Association Law: Condominiums; Cooperatives; and Homeowners Associations (CBA) Chapter 6 The Association
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