Elizabeth Heatley v. Mariner's Cay Marina Condo, LLC

Syllabus

Mariner's Cay Marina Condo, LLC, Mariner's Cay Fuel Dock, LLC, and George A. Farmer appeal the master-in-equity's order granting declaratory relief to the Mariner's Cay Marina Council of Co-Owners (the Council) and four property owners (Respondents) at Mariner's Cay Marina. Appellants challenge the master's finding that the 2007 Master Deed for the Mariner's Cay Horizontal Property Regime is void to the extent it sought to convert common elements of the regime into individual units without a vote of the property owners. Appellants contend Respondents acquiesced to these Master Deed amendments and are judicially estopped from challenging the ownership transfer of the common element units. We affirm the order of the master.