Kenyon v. Polo Park Homeowners Ass'n, Inc.
FL · Florida Fifth District Court of Appeal
Member win · other
What happened
Polo Park Homeowners Association sued Calvin and Carolyn Kenyon to enjoin alleged covenant violations after years of community conditions the Kenyons argued showed lax enforcement. A jury found the Kenyons violated covenants but also that the association had unequally, arbitrarily, unreasonably, or selectively enforced those covenants by tolerating similar violations elsewhere. The trial court nonetheless granted the association a permanent injunction and fees as prevailing party. The Fifth DCA reversed the injunction and fee award and remanded for further proceedings on the Kenyons' remaining claims (2005).
What the court (or agency) held
A jury found that although the Kenyons violated subdivision covenants, the association had "unequally, arbitrarily, unreasonably, or selectively" enforced those covenants by tolerating similar violations on other lots. Given that unchallenged finding, it was error to grant the association a permanent injunction. Attorney's fees for the association were also reversed. Remanded for further proceedings.
Why this matters for members
Selective-enforcement jury findings block injunctive enforcement even when the owner's violation is also found. Associations that ignore comparable violations elsewhere risk losing the injunction and fee leverage.
What the member did
Litigated selective enforcement as a defensive shield through trial; obtained a jury finding that the association enforced covenants unequally, arbitrarily, unreasonably, or selectively; appealed the injunction and fee award.
What did not work
The trial court treated the association as prevailing despite the jury's selective-enforcement finding—reversed on appeal.
Questions for the board
- Before suing one owner, have we surveyed whether similar violations exist and how they were handled?
- What written enforcement policy ensures comparable violations receive comparable treatment?
- How do we document why we pursued one property and not others?
Questions for a lawyer
- What Florida authorities control selective-enforcement defenses after Kenyon and related cases?
- How should comparative violation evidence be collected and presented to a jury?
- What happens to fee entitlement after an injunction is reversed on selective-enforcement grounds?
Citation
Kenyon v. Polo Park Homeowners Ass'n, Inc., 907 So. 2d 1226 (Fla. 5th DCA 2005) (2005-07-22). Florida Fifth District Court of Appeal. Outcome chip: selective-enforcement hub / secondary — not hero. Flags: remand. Source: https://caselaw.findlaw.com/court/fl-district-court-of-appeal/1003082.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.