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WENGER v. BREAKWATER HOMEOWNERS' ASS'N, INC.

No. 81-1492.

423 So.2d 619 (1982)

Henry Penn WENGER, Appellant, v. BREAKWATER HOMEOWNERS' ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 31, 1983.

Attorney(s) appearing for the Case

Caron E. Speas of Law Offices of Brian M. Mark, Miami, for appellant.

Linwood Cabot of Cabot, Wenkstern & Casteel, Fort Lauderdale, for appellee.

HURLEY, Judge.

This appeal concerns the scope of authority of a homeowner's association. The precise question is whether the Breakwater Homes Association has the authority to prevent a member/homeowner from adding a second story to his home. We answer in the negative and, therefore, reverse.

Breakwater is an exclusive subdivision in the City of Fort Lauderdale, Florida. It consists of fifty-nine single-story homes plus a community pool and other related facilities...

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