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CarolynL2 (Florida)
Posts: 73
Posted:
Does anyone know of a Florida HOA case where the covenants addressed an issue on what was not allowed and the courts ruled because they stated what was not allowed they could not now disapprove something which was not included. I remember reading a case, but can't find it, where the courts said because the Declaration included what was specifically disallowed they could not now disapprove something they had not included. The courts ruled that the covenants were to be strictly construed and having addressed the issue, the Declaration being silent on the request would be strictly construed against those attempting to enforce the covenant.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Carolyn:

It might be this case you are thinking about. Bottom of page #2 is where verbiage you mentioned starts.

http://www.floridasupremecourt.org/clerk/briefs/2007/1401-1600/07-1527_JurisIni.pdf
CarolynL2 (Florida)
Posts: 73
Posted:
Thanks Janet, not the case, but has good stuff. I'm off for the weekend.
Thanks again,
Carolyn
DonnaS (Tennessee)
Posts: 5,671
Posted:

Carolyn,

Rather than send us on a wild goose chase, can you be just a bit more specific. It would help greatly if we knew who all of the "THEY"s were. What was the "request" you are referring to?
CarolynL2 (Florida)
Posts: 73
Posted:
Just got back from vacation. I apologize that my hastily composed email prior to my leaving for vacation made anyone feel that I was sending them on a wild goose chase. I appreciate all the help posted and I finally found the case I was looking for CITE: 547 So.2d 319 Roy LATHAN, et al., Appellants, v. HANOVER WOODS HOMEOWNERS ASSOCIATION, INC.,.

Thank you again,
Carolyn

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