FOUNTAINS OF PALM BEACH CONDOMINIUM, ETC. v. FARKAS

No. 77-1002.

355 So.2d 163 (1978)

The FOUNTAINS OF PALM BEACH CONDOMINIUM, INC. No. 5, a Florida Corporation Not for Profit, Appellant, v. Carolyn FARKAS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 14, 1978.


Attorney(s) appearing for the Case

Herbert L. Gildan of Nason, Gildan & Yeager, West Palm Beach, for appellant.

Michael B. Small of Law Offices of Michael B. Small, P.A., West Palm Beach, for appellee.


ALDERMAN, Chief Judge.

The plaintiff condominium association appeals from a final judgment denying its prayer for injunctive relief and dismissing its complaint against a unit owner who built a patio on the condominium's common elements. We reverse.

The defendant owner's husband testified that he attempted to obtain permission for the construction of a patio on the common elements. He went first to the management firm, where he was told that while the firm...

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