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HERON AT DESTIN v. OSPREY AT DESTIN

No. 1D11-3305.

94 So.3d 623 (2012)

HERON AT DESTIN WEST BEACH & BAY RESORT CONDOMINIUM ASSOCIATION, INC., Appellant, v. OSPREY AT DESTIN WEST BEACH and Bay Resort Condominium Association, Inc.; Sandpiper at Destin West Beach and Bay Resort Condominium Association, Inc.; James Peters, as Director on the Board of Destin West Beach and Bay Resort-Bayside Property Owners Association, Inc.; and Roy Boroughs, as Director on the Board of Destin West Beach and Bay Resort-Bayside Property Owners Association, Inc.; Fred Tolbert, III, as Director on the Board of Destin West Beach and Bay Resort-Bayside Property Owners Association, Inc.; Destin West Beach and Bay Resort-Bayside Property Owners Association, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 21, 2012.

Attorney(s) appearing for the Case

Harold R. Mardenborough , William B. Graham , and Matthew Scanlan of Carr Allison, Tallahassee, for Appellant.

Gary A. Vorbeck of Vorbeck Law Firm, P.A., Destin, for Osprey at Destin West Beach and Bay Resort Condominium Association, Inc., Sandpiper at Destin West Beach and Bay Resort Condominium Association, Inc., James Peters, as Director on the Board of Destin West Beach and Bay Resort-Bayside Property Owners Association, Inc., and Roy Boroughs as Director on the Board of Destin West Beach and Bay Resort-Bayside Property Owners Association, Inc., Appellees; Casey K. Weidenmiller and Donald S. Boyd of Woods, Weidenmiller & Michetti, P.L., Naples, for Destin West Office Building Condominium Association, Inc. and Fred Tolbert, III, Appellees.

WOLF, J.

Appellant, Heron at Destin West Beach and Bay Resort Condominium Association, Inc. (Heron), challenges a final summary judgment that found the election of officers of a master condominium association must be based on a simple majority of the board of directors rather than the weighted voting procedure specified in the master condominium declaration. We determine that chapter 718, Florida Statutes, applies to this master condominium association, that the governing...

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