For Your Data Regal Thought Condo. Ass’N, Inc. V. Bolotin Example Brief
September 01, 2019
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Majestic View Condo. Ass’n, Inc. v. Bolotin illustration brief summary
429 So.2d 438 (1983)
CASE FACTS
Appellees condominium owners violated a restriction of appellant condominium association. When appellees refused to comply, despite requests from appellant for compliance, appellant sought injunctive relief. Appellees argued inwards their counterclaim that appellant arbitrarily enforced the restriction against them. Although the lawsuit courtroom constitute the dominion valid as well as constitute against appellees on their counterclaim, judgment was entered inwards favor of appellees. Appellant challenged as well as argued that the lawsuit courtroom erred when it ruled that appellant acted arbitrarily inwards the course of didactics of its pre-litigation enforcement efforts.
DISCUSSION
CONCLUSION
The courtroom reversed as well as remanded the judgment because appellant condominium association satisfied the procedural due procedure requirements for enforcement of the restrictive covenant against appellees condominium owners; the lawsuit courtroom erroneously expanded due procedure requirements to include an adversarial proceeding prior to appellant seeking enforcement of the restrictive covenant.
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429 So.2d 438 (1983)
CASE SYNOPSIS
Appellant condominium association challenged the social club of the Circuit Court for Broward County (Florida), that denied appellant injunctive relief for enforcement of a condominium provision against appellees condominium owners because appellant violated U.S. Constitutional Amendment XIV, § 1, and Fla. Constitutional art. I, § 9.CASE FACTS
Appellees condominium owners violated a restriction of appellant condominium association. When appellees refused to comply, despite requests from appellant for compliance, appellant sought injunctive relief. Appellees argued inwards their counterclaim that appellant arbitrarily enforced the restriction against them. Although the lawsuit courtroom constitute the dominion valid as well as constitute against appellees on their counterclaim, judgment was entered inwards favor of appellees. Appellant challenged as well as argued that the lawsuit courtroom erred when it ruled that appellant acted arbitrarily inwards the course of didactics of its pre-litigation enforcement efforts.
DISCUSSION
- The courtroom held that appellant satisfied the requirements for enforcement of restrictive covenants because appellee was on uncovering of the regulation, received uncovering from appellant of the violation, as well as appellees had a reasonable chance to endure heard inwards the litigation..
- The courtroom reversed as well as remanded the judgment because the lawsuit courtroom erroneously expanded the due procedure requirements of U.S. Constitutional Amendment XIV, § 1, as well as Florida Constitutional art. I, § 9, when it refused to enforce the restrictive covenant.
CONCLUSION
The courtroom reversed as well as remanded the judgment because appellant condominium association satisfied the procedural due procedure requirements for enforcement of the restrictive covenant against appellees condominium owners; the lawsuit courtroom erroneously expanded due procedure requirements to include an adversarial proceeding prior to appellant seeking enforcement of the restrictive covenant.
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