White Egret Condominium, Inc. v. Franklin
FL · Supreme Court of Florida
Member win · fines
What happened
Brothers Marvin and Norman Franklin arranged a half-interest transfer so Norman (with children under 12) could occupy a White Egret condominium unit despite a covenant barring residents under age twelve. The association sued to set aside the transfer/occupancy. Litigation reached the Supreme Court of Florida, which on December 13, 1979 addressed the enforceability of condominium age restrictions and selective enforcement.
What the court (or agency) held
Member-favorable result approved. Age restrictions in condominiums may be enforced if reasonably related to a lawful objective and not applied arbitrarily or discriminatorily—but on this record the restriction was arbitrarily and selectively applied, so the Court approved the result favoring the Franklins (association could not enforce the under-12 ban against them under those circumstances).
Why this matters for members
Florida’s foundational selective-enforcement lesson: even a facially valid occupancy/age covenant fails if the association enforces it unevenly. Document comparable violations left alone; selective enforcement can defeat injunctions seeking to unwind transfers or occupancy.
What the member did
Showed other known under-12 children already living in the condominium and that alternating family use still fit single-family character; framed estoppel/selective enforcement.
Questions for the board
- Is any age or occupancy restriction still in the declaration, and how is it enforced today?
- Which other units have children or similar occupancy patterns without enforcement?
- What fair-housing constraints (familial status) now overlay older age covenants?
- Before suing to unwind a transfer, has counsel reviewed selective-enforcement risk?
Questions for a lawyer
- How does White Egret’s selective-enforcement holding apply to this association’s enforcement pattern?
- Are historical age covenants still valid after later fair-housing developments?
- What discovery best proves selective enforcement of occupancy rules?
- What remedies remain if the covenant is valid but application is arbitrary?
Citation
White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979); No. 54519 (1979-12-13). Supreme Court of Florida. Outcome chip: selective-enforcement hub / secondary. Source: https://law.justia.com/cases/florida/supreme-court/1979/54519-0.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.