Earlier this year the Third District Court of Appeals narrowed two significant unit owner defenses to enforcement actions, selective enforcement and waiver/ estoppel when it decided Laguna Tropical, a Condominium Association, Inc. v. Barnave, Case No. 3D16–1531 (Fla. 3d DCA January 25, 2017). For more on the doctrine of Selective Enforcement, please review our October 2014 blog posting. At issue was the enforcement of two restrictions that are typically related – Internal Alterations and Noise. The declaration of condominium in Laguna prohibited a unit owner from altering, modifying or replacing the interior of a unit without the prior consent of the Association’s Board of Directors. Another provision specifically applicable to flooring “noise” states: Read the article………..
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