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

Questions for a lawyer

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._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.