CarolynL2 (Florida)
Posts: 73
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.