NELSON P. CHAMBLESS, M.D., ET AL., APPELLANTS,
v.
THE OFFICERS AND DIRECTORS OF SNAPPER CREEK, ETC., ET AL., APPELLEES
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The Chamblesses sued their homeowners' association, claiming its decision to create a special taxing district to fund a guardhouse breached the association's charter duty to protect members' property values. The court affirmed summary judgment for the association, holding that the charter imposes a general obligation to the entire community, not individual members, and that majority-voted decisions in democratic governance cannot expose the association to liability for individual property devaluation.
The court held that Article III of the association's charter creates a general obligation to protect the property values of all members collectively, not individual members to the exclusion of others. The association and its officers cannot be held liable for the adverse effects on individual members' property values when the majority votes for a measure designed to benefit the entire community.
[1] A homeowners' association's corporate charter that obligates the association to protect the property of its members generally does not create a duty to protect the proper…
[2] A homeowners' association may not be held responsible for the negative impact on an individual member's property value resulting from a decision approved by the majority…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The trial court found that Article III of the charter created a general obligation to protect the property of all the members of the association, and not the property of one member in particular, to the exclusion of the others.”
Establishes the court's interpretation of the association's charter duty as owed to the community generally, not individual members
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Chamblesses reside in the Snapper Creek Lakes Club homeowners' association in Coral Gables and are association members. The association voted to c…
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JORGENSON, J.
Dr. and Mrs. Nelson Chambless appeal from an order of final summary judgment. We affirm.
The Chamblesses reside in and are members of the Snapper Creek Lakes Club homeowners’ association in Coral Gables. They sued the association, its officers, board of directors, and Metro-Dade County for injunctive and declaratory relief, breach of contract, breach of fiduciary duty, and nuisance.1 The suit concerned the creation of a special taxing district which 73% of the residents of the subdivision voted for; the purpose of the special tax assessed against the property owners was to finance the construction of a guard house that would restrict entry into the subdivision to one gated entrance.2
The Chambless family residence abuts the gatehouse. An expert witness testified that the Chambless property value decreased by 20% because of the increased noise and traffic outside of their residence caused by the vehicle backup at the guardhouse. The Chambless suit was premised upon an alleged breach of the homeowners’ association’s corporate charter, which in Article III sets forth the association’s duty to protect “the value of the property of the members of the corporation in the said subdivisions.”
The trial court found that Article III of the charter created a general obligation to protect the property of all the members of the association, and not the property of one member in particular, to the exclusion of the others. We agree. The majority of the members of the association voted to create the special taxing district to enhance the safety and protection of the entire community. In fact, there was expert testimony presented that the construction and operation of the guardhouse increased the overall value of property within the subdivision by twenty to twenty-five percent.
“The law places restraints upon all of its citizens in the exercise of their rights and liberties under a republican form of government. Such restraints have been found to be necessary in the development of our democratic processes to preserve the very liberties which we exercise.” Bodner v. Gray, 129 So. 2d 419, 421 (Fla.1961). Although it is unfortunate that residents whose property abuts the guardhouse suffer inconvenience and a drop in their property value, the association and its officers and directors cannot, in this democratic system where the majority vote prevails, be held responsible for the residents’ exercise of their electoral franchise.
AFFIRMED.
. This appeal does not involve the claims against Metro-Dade County.
. See §§ 163.502 — 163.511, Fla. Stat. (1997); Miami-Dade Co.Code Chapter 18.