An opinion issued by the Second District Court of Appeal reversed a trial court final summary judgment in favor of a condominium association’s claim that a unit owner was not authorized to remove the ceiling drywall inside of their unit, arguing that its removal amounted to a material alteration of a limited common element rather than a renovation to the interior of the unit.
In the case of Andrews v. Shipps’s Landing Condominium Association, the appellate panel reversed the lower court’s summary judgment in favor of the Marco Island condominium association. The Second DCA found that the association did not conclusively establish that the removal of the drywall ceiling resulted in a violation of the association’s declaration of condominium.
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