Aquarian Foundation, Inc. v. Sholom House, Inc.

448 So. 2d 1166 (Fla. Dist. Ct. App. 1984)

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Nature of the Case

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Facts

Albares sold her condo to Aquarian (D) without obtaining the consent of the board of directors. Albares was a member of the board. Sholom House (P) sued to set aside the sale. The association was expressly empowered by the declaration to 'arbitrarily, capriciously, or unreasonably' withhold its consent. The trial court found that Albares violated the bylaws and declared the conveyance to D null and void and that the reverter clause under the bylaws was to take effect. D appealed.