The title of this post seems intuitively obvious. The plaintiff in any court action must always prove its case. However, it may not be as obvious as it seems. In Boyle v. Hernando Beach South Property Owners Assoc., Inc., the Fifth District Court of Appeals reversed a portion of the summary judgment because the Association did not prove its case.

The problem started with a covenant that was too vague (a common problem). This case should be a warning to associations wanting to amend covenants or rules, or to enforce those that do exist. Covenants and rules should be clear and specific, so owners know how to comply with them. One would think that attorneys for developers would know better, but sadly associations are often stuck with vague language that is entirely too open to interpretation.

Read more:  http://blogs.sun-sentinel.com/condoblog/2013/10/associations-seeking-to-enforce-vague-covenants-must-show-how-covenant-was-violated.html