HOA and Homeowner Fight over Boat Lift Installation

This case involved a dispute between a condominium owner (“Owner”) and his condominium association (“Association”) over Association’s denial of Owner’s application to install a boat lift. After Association denied Owner’s application, Owner filed suit against Association contending that Association’s denial of his application was “unreasonable, arbitrary, and capricious.”

In defense of Owner’s claims, Association contended that the proposed lift would create a disharmonious appearance within the marina and obstruct the views of other residents. As such, Association contended that its denial of Owner’s application was reasonable and not subject to review by the court because the denial by Association’s board of directors was protected by the business judgment rule.

The trial court awarded summary judgment in favor of: