Curci Village Condominium Ass'n, Inc. v. Maria
FL · Florida Fourth District Court of Appeal
MIXED · other
What happened
Diana Santa Maria bought a Curci Village condominium from developer Second Avenue Homes. Before turnover, she asked Richard Shan (developer manager and association president/director) about decorative backyard landscaping; he gave a verbal 'opinion' that stones and mulch would be fine if nonpermanent and not impeding drainage. She installed improvements without written board approval required by the declaration. After turnover, the association demanded removal. The trial court granted her summary judgment on estoppel and awarded fees. The Fourth DCA reversed the estoppel judgment because verbal assent from one director/president does not satisfy a prior-written-board-consent requirement, but remanded for trial on her arbitrary-and-capricious defense.
What the court (or agency) held
Verbal 'opinion' approval from a single board member/developer-president does not satisfy a declaration requiring prior written board consent, so estoppel did not support summary judgment for the owner. But a unit owner may still defeat enforcement by proving the association acted unreasonably or arbitrarily; the Fourth DCA remanded for trial on Santa Maria's arbitrary-and-capricious defense—preserving selective/arbitrary enforcement as a live shield after the estoppel theory failed. MIXED/remand.
Why this matters for members
This result is MIXED — a partial win, not a clean sweep on every claim. Informal developer/president verbal okay is weak estoppel when the declaration demands written board approval. Arbitrary-enforcement defenses can still proceed to trial after estoppel fails.
What the member did
Raised estoppel and arbitrary/capricious refusal as alternative theories.
What did not work
Estoppel based on one director's verbal opinion—reversed; case remanded rather than finally won.
Questions for the board
- Do we require written board (or committee) approval before landscaping changes?
- How do we treat informal comments by individual directors or developers?
- What standards show consistent landscaping enforcement after turnover?
Questions for a lawyer
- Can estoppel be based on one director's verbal opinion under this declaration?
- How should an arbitrary-and-capricious defense be proved on remand?
- What written-approval records matter most?
Citation
Curci Village Condominium Ass'n, Inc. v. Maria, 14 So. 3d 1175 (Fla. 4th DCA 2009) (2009-06-17). Florida Fourth District Court of Appeal. Outcome chip: MIXED. Flags: MIXED, remand. Source: https://case-law.vlex.com/vid/curci-village-condominium-assn-890105158
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.