CHATTEL SHIP. & INV. v. BRICKELL PLACE CONDO.

No. 85-1029.

481 So.2d 29 (1985)

CHATTEL SHIPPING AND INVESTMENT, INC., Appellant, v. BRICKELL PLACE CONDOMINIUM ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 24, 1986.


Attorney(s) appearing for the Case

Mershon, Sawyer, Johnston, Dunwody & Cole and James M. McCann, Jr. and Richard C. Klugh, Jr., Miami, for appellant.

Hyman & Kaplan and Michael Hyman and Joseph H. Ganguzza, Miami, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.


SCHWARTZ, Chief Judge.

Although the Brickell Place Declaration of Condominium precluded the practice without prior approval, as many as forty-five unit owners had, by June 17, 1981, unauthorizedly enclosed their balconies. On that date, in response to an earlier letter from a Miami official that the enclosures violated the city's zoning ordinance, the board of the condominium association determined — and so informed the owners — that it would thereafter...

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