Plaza Del Prado Condominium Association, Inc. v. Richman
FL · Florida Third District Court of Appeal
Member win · other
What happened
Plaza Del Prado sued Harry and Irene Richman for a mandatory injunction to restore original terrace railings after they installed different color/material railings. Evidence showed purchase-time approval by authorized sales personnel/developer, identical approval for the brother's unit below, other permitted exterior changes, and more than a year's delay before demand. The trial court entered judgment for the owners; on May 10, 1977, the Third DCA affirmed on estoppel/inconsistent-enforcement grounds.
What the court (or agency) held
The association was estopped from forcing removal of nonconforming terrace railings where authorized sales personnel/developer approved the change at purchase, the owner's brother received identical approval for the unit below, other owners received similar permissions, the building exterior was already non-uniform by permission, and the association waited more than a year to demand restoration. Judgment for the unit owners was affirmed. Classic Florida inconsistent-enforcement/estoppel companion.
Why this matters for members
Developer/agent approvals, parallel permissions, and delayed enforcement can estop later uniformity demands. A building already non-uniform by permission undermines mandatory restoration injunctions.
What the member did
Documented authorized approval at purchase, comparable permitted alterations (including a sibling's unit), and association delay exceeding a year.
Questions for the board
- Were exterior changes approved at sale by authorized agents, and is that documented?
- Have similarly situated units received the same railing or exterior permissions?
- How long after the change did the association first demand restoration?
Questions for a lawyer
- What estoppel and selective-enforcement proof is strongest on this record pattern?
- How does modern § 718.303 selective-enforcement doctrine map onto this 1977 estoppel holding?
- What discovery targets developer approval authority and comparable units?
Citation
Plaza Del Prado Condominium Association, Inc. v. Richman, 345 So. 2d 851 (Fla. 3d DCA 1977); No. 76-979 (1977-05-10). Florida Third District Court of Appeal. Outcome chip: member_win. Source: https://exa.ai/library/legal/opinion/zln9fcm69mks77mywg6vv7t3
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.