Anderson v. Rosetree Village Ass'n, Inc.
FL · Florida Second District Court of Appeal
MIXED · other
What happened
Thomas and Glenda Anderson placed an air-conditioning unit on their Rosetree Village townhouse roof. The architectural committee disapproved it under exterior-alteration restrictions. The association obtained summary judgment ordering removal. On appeal the Andersons pointed to their affirmative defense of discriminatory, arbitrary, and capricious enforcement, supported by affidavit. Because the association neither controverted that defense factually nor showed it legally insufficient, the Second DCA reversed and remanded for further proceedings.
What the court (or agency) held
Owners may raise discriminatory, arbitrary, and capricious enforcement as an affirmative defense to architectural disapproval. Where the Andersons supported that defense with an affidavit and the association neither controverted the defense factually nor showed it was legally insufficient, summary judgment ordering removal of a roof air-conditioning unit had to be reversed. Even slight doubt on a material fact bars summary judgment. Remand only—not a final merits adjudication that the unit could stay. MIXED/remand.
Why this matters for members
This result is MIXED — a partial win, not a clean sweep on every claim. Selective/arbitrary-enforcement defenses, if factually supported, defeat summary removal orders. Associations that ignore the defense on summary judgment risk reversal.
What the member did
Pleaded arbitrary/discriminatory enforcement, filed a supporting affidavit, and appealed the summary removal judgment.
What did not work
Remand only—no final merits adjudication that the unit could stay.
Questions for the board
- What comparable exterior equipment has been approved or left in place on other lots?
- Before seeking summary judgment, have we answered selective-enforcement allegations with facts?
- Is the architectural standard applied consistently and documented?
Questions for a lawyer
- Is our selective-enforcement affidavit enough to defeat summary judgment?
- What discovery is needed to prove arbitrary or discriminatory enforcement?
- What happens on remand after a summary-judgment reversal?
Citation
Anderson v. Rosetree Village Ass'n, Inc., 540 So. 2d 173 (Fla. 2d DCA 1989) (1989-03-10). Florida Second District Court of Appeal. Outcome chip: MIXED. Flags: MIXED, remand. Source: https://hallapproved.com/fl/cases/appeals/1989/1707507/
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.