Monday, November 25, 2013

Neuman v. Grandview at Emerald Hills, Inc. case brief

Neuman v. Grandview at Emerald Hills, Inc. case brief summary
861 So. 2d 494 (Fla. Dist. Ct. App. 2003)


CASE SYNOPSIS
Appellant condominium association members sought review from an order of the Circuit Court for the Seventeenth Judicial Circuit, Broward County (Florida), which denied their motion for rehearing in their action against appellee condominium association, alleging that the association's rule banning religious services in the condominium auditorium violated Fla. Stat. ch. 718.123 (2002).

CASE FACTS
Several condominium unit owners reserved the auditorium on Saturday mornings for what they claimed was a party, although they actually conducted religious services. Other unit owners objected, and after a meeting, the condominium board of directors amended the auditorium use rule to provide that no religious services could be held in the auditorium or in any other common elements. The members filed suit and a temporary injunction was granted as to using the auditorium for religious activities of any kind, but denied as to holding services there. The board then amended the rule to only prohibit holding religious services in the auditorium. The trial court denied a permanent injunction as to the services prohibition and denied the members' motion for rehearing, and they appealed.

DISCUSSION

  • The court withdrew its prior opinion and substituted the instant one, holding that the condominium board's rules were reasonable and therefore not violative of Fla. Stat. ch. 718.123. 
  • The court noted that there was no peaceful assembly violation, as it was not a categorical ban of the members' right to use the auditorium for any gathering.

CONCLUSION
The court affirmed the trial court's decision denying the motion for rehearing.


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