This 2002 Florida Supreme Court case study reveals how the application of pro-HOA laws and, as a consequence, subsequent court decisions form the court’s opinion and rationale as related to the acceptance of HOA ex post facto laws and eminent domain takings. This case, supporting such amendments as valid, touches on important constitutional questions of due proc
ess and the equal protection of the laws.
Unfortunately, the owners failed to raise these extremely important questions before the Florida Supreme Court. And to the detriment of homeowner rights advocates and HOA members, these questions are still not being raised in the courts.
Read the complete paper here.
HOA Constitutional Government 