## Facts

- A condominium association governed a 202-unit condominium that included a clubhouse and adjacent common areas used for social events.
- The association’s articles and declaration authorized it to make and amend reasonable rules regulating the use of condominium property.
- Acting under that authority, the board adopted a rule banning alcoholic beverages in the clubhouse and nearby common areas.
- The unit owners approved the no-alcohol rule by a 2-to-1 vote (126 to 63).
- Two unit owners sued to enjoin enforcement, offering evidence that prior events involving alcohol had not produced misconduct.
- The trial court permanently enjoined enforcement, reasoning that rules must relate to protecting life, property, or general welfare and that lawful conduct should be permitted on common property unless it constitutes a nuisance.
- The association appealed.

## Issues

1. Whether a condominium association, empowered by its governing documents to adopt “reasonable rules and regulations,” may prohibit alcohol in specified common areas.
2. Whether a rule restricting otherwise lawful conduct is invalid absent proof of nuisance, incidents, or a direct connection to safety or welfare concerns.

## Decision

- The appellate court reversed the permanent injunction.
- The court held that condominium living permits collectively adopted restrictions on common-area use, so long as the restrictions are reasonable and within granted authority.
- The court rejected the view that common-area conduct must be allowed unless it constitutes a nuisance.
- The court concluded the no-alcohol rule was a reasonable exercise of the association’s rule-making power and was enforceable.

## Legal Principles

- Condominium association rules adopted pursuant to authority in the declaration or articles are enforceable if they are reasonable and not arbitrary.
- The legality of an activity under general law does not prevent a condominium association from reasonably restricting that activity in common elements.
- Condominium ownership entails acceptance of majority-approved use limitations in shared facilities, reflecting the close proximity and common use characteristic of condominium communities.
- A valid rule need not be justified by prior incidents or proven harm; preventive restrictions may be reasonable.

## Conclusion

The court held that a condominium association may enforce a democratically approved rule banning alcohol in designated common areas when the governing documents authorize reasonable regulation and the rule is reasonable, even without evidence of nuisance or specific safety-related incidents.


Hidden Harbour Estates, Inc. v. Norman, 309 So. 2d 180 (Fla. Dist. Ct. App. 1975)