Top US Strata Cases

Everyone likes strata cases.


That's because they're not all that common, they're usually about interesting scenarios, they often interpret new laws and they help strata stakeholders know what to do next time.


In the US there's been a lot of strata cases but Donna Dimaggio Berger of specialist strata lawyers, Katzman Garfinkel & Berger, has gone to the trouble of listing her top US strata cases in this short article.


It's an interesting list that includes -


Beachwood Villas v. Poor [448 So.2d 1143 (4th DCA 1994)] - A case that board-made rules going beyond specific covenants must not contravene any provision of the declaration, must be for a reasonable purpose, and cannot be arbitrary or capricious.


Chattel Shipping and Investment Inc. v. Brickell Place Condominium Association Inc. [481 So.2d 29 (Fla 3d DCA 1985)] – A case that supports “revitalizing” association enforcement rights otherwise lost due to selective or non-enforcement by first notifying all owners in writing of its intent to recommence enforcing that covenant/restriction on a uniform basis.


Downy v. Jungle Den Villas Recreation Association Inc. [525 So.2d 438 (Fla. 5th DCA 1988)] – The seminal case in a line of cases holding that regardless of how an association classifies itself, the association is actually a de facto condominium association if the association controls only condominium units (and will only control condominium units in the future) and its members are limited to condominium owners.


Kaufman v. Shere [347 So.2d 627 (Fla. 3d DCA 1977)] – A case where the court interpreted the Declaration of Condominium which stated that the declaration adopts and includes the Florida Condominium Act to express the intention of everyone in a condominium to be governed by the Condominium Act including subsequent amendments to the Act unless excluded by declarations in “Kaufman language”.


Perlow v. Goldberg [700 So.2d 148 (Fla. 3d DCA 1997)] – A case clarifies that individual board members cannot be held personally liable for negligent actions unless their conduct rises to the level of criminal activity, fraud, willful misconduct or self-dealing.


Sterling Village Condominium Inc. v. Breitenbach [251 So.2d 685 (4th DCA 1971)] – The case that defined a material alteration as something that “palpably or perceptively vary or change the form, shape, elements or specifications of a building from its original design or plan, or existing condition, in such a manner as to appreciably affect or influence its function, use or appearance”.


White Egret Condominium, Inc. v. Franklin [379 So.2d 346 (Fla. 1979)] – The case that first recognised the defence of prior selective enforcement when an association takes covenant action against owners.


It's a great list and quick summary of key US strata laws.  I'm sure there's plenty more.


But, it's got me wondering about the top 10 Australian strata cases.  Any suggestions for my future blogs?




Francesco ...