## Facts

- The Beachwood Villas Condominium Association’s board of directors adopted two rules regulating (1) rentals of units and (2) occupancy by guests while an owner was away.
- **Rule 31 (rental rule)** required: (1) a minimum rental period of at least one month; (2) no more than six rentals per year; (3) an occupancy limit tied to unit size; (4) board approval for tenant pets; and (5) payment of a \$25 processing fee.
- **Rule 33 (guest rule)** required: (1) board approval for a “transfer” to guests when guests would occupy the unit during the owner’s absence; (2) a combined annual cap of six “transfers” total (by rental or guest occupancy); and (3) the same occupancy limits tied to unit size.
- Unit owners (the Poors and the Kartzmans) challenged the rules in circuit court, arguing the declaration did not expressly authorize the board to regulate rentals or guest occupancy.
- The trial court agreed and invalidated both rules on the ground that the board exceeded its authority under the condominium documents, even though the declaration generally allowed the board, “from time to time,” to adopt or amend rules and regulations “governing and restricting the use and maintenance” of units.
- On appeal, there was no claim that the rules violated Florida condominium statutes or that the rules were unreasonable; the dispute concerned only whether the board had authority to enact them without an express declaration provision addressing rentals or guest occupancy.

## Issues

1. Whether the condominium board exceeded its authority under the declaration’s general rulemaking provision by adopting rules regulating rentals and guest occupancy during an owner’s absence, despite the lack of an express declaration provision on those subjects.
2. Whether Rules 31 and 33 conflicted with the declaration or with any unit-owner rights reasonably inferable from the declaration.

## Decision

- The Fourth District Court of Appeal reversed the trial court’s judgment invalidating Rules 31 and 33.
- The court held the board had authority under the declaration’s broad grant of power to adopt rules governing and restricting use and maintenance of condominium units.
- The court concluded the challenged rules did not conflict with the declaration or with rights reasonably inferable from it.
- Applying prior Florida condominium decisions, the court treated the rules as valid board rulemaking within the scope of delegated authority; no party contended the rules were unreasonable or arbitrary.

## Legal Principles

- Condominium “use restrictions” generally come from either (1) the declaration of condominium or (2) rules adopted by the board of directors.
- Restrictions contained in the declaration receive a strong presumption of validity because purchasers receive notice through required disclosure before purchase.
- Board-adopted rules are reviewed by a two-part inquiry: (1) whether the board acted within its delegated authority; and (2) whether the rule reflects reasoned decisionmaking rather than arbitrary and capricious action.
- A declaration’s general authorization for the board to adopt and amend rules “governing and restricting the use and maintenance” of units can support rules addressing rentals and guest occupancy, even if those topics are not expressly detailed in the declaration, so long as the rules do not conflict with the declaration or implied rights derived from it.
- Courts recognize that condominium ownership includes acceptance of reasonable governance mechanisms necessary to manage shared property and community living.

## Conclusion

Beachwood Villas Condominium v. Poor held that a condominium board acting under a broad declaration provision authorizing rules governing and restricting unit use did not exceed its authority by adopting rules limiting rentals and regulating guest occupancy during an owner’s absence, where the rules did not conflict with the declaration or with rights reasonably inferable from it; the trial court’s invalidation of the rules was reversed.


Beachwood Villas Condominium v. Poor, 448 So. 2d 1143 (1984)