Aquarian Foundation, Inc. v. Sholom House, Inc.
Florida Court of Appeals
448 So.2d 1166 (1984)
Relevant factsFree
Sholom House's (plaintiff) condominium declaration barred unit conveyances without association approval and provided for reversion to the association (with fair-value compensation) if a unit owner violated that requirement; after an owner sold to Aquarian Foundation (defendant) without approval, Sholom House sued to void the sale and enforce the reversion, and the trial court ruled for Sholom House.
IssueFree
Whether, under Florida law, a clause in a condominium declaration that purports to grant a condominium association the authority to arbitrarily withhold consent to sale of a unit constitutes an unenforceable restriction against alienation.