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Developer amended the provisions of the Master Declaration dealing with homeowner assessments. Presumably, this meant higher assessments rather than lower assessments, because a homeowner challenged the amendment.
The original Master Declaration provided that the Developer could amend all of the "restrictive covenants" in the Master Declaration. The question was: were provisions relating to assessments "restrictive covenants"? The appellate court said no. Restrictive covenants are provisions in the deed limiting the use of property. If the provision does not affect the use of property, it is not a restrictive covenant.
Moral: Know thy master declaration. Hill v. Palm Beach Polo, Inc., 717 So.2d 1080 (Fla. 4DCA 1998). |
