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

Questions for a lawyer

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._

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.