November 7, 2024
ShareKelley Kronenberg Prevails in Complex Condominium Association Governance Case
Kelley Kronenberg Partner and Business Unit Leader Julie Karron secured a complete defense verdict in a significant condominium association case before Judge Carolyn Bell in Palm Beach Circuit Court. Julie successfully defended our client against claims seeking to invalidate crucial amendments to the Declaration of Condominium and challenge a special assessment for necessary roof repairs.
The case centered on derivative claims brought by unit owners seeking injunctive relief against both 2018 amendments to the Declaration and a 2022 special assessment. Following a bench trial, the Court found the plaintiffs failed to establish any of the required elements for injunctive relief – particularly noting no clear legal rights were violated and no irreparable harm was demonstrated.
The Court specifically upheld the validity of the Association’s 2018 amendments, which modernized voting procedures by adjusting the threshold for future amendments from two-thirds to a simple majority. Notably, the Court found that while this change may have altered voting power, it did not disenfranchise unit owners or violate their rights. The Court also validated the 2022 special assessment as reasonable and properly enacted, citing evidence of structural necessity including a worker falling through a decades-old roof and insurance coverage risks.
The Court’s decisive ruling denied the plaintiffs’ request for injunctive relief and ordered the immediate release of escrowed special assessment funds to the Association. As the prevailing party, our client is entitled to recover attorney’s fees and costs, with the Court reserving jurisdiction for determination of the award amount.
This comprehensive victory reinforces Kelley Kronenberg’s expertise in complex community association litigation and corporate governance matters.
Special recognition goes to Shawn Brown, Esquire, the Association’s general counsel, for his invaluable guidance and expertise throughout this matter.
Learn more about Kelley Kronenberg’s Professional Liability Defense practice here.
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