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ROTH v. SPRINGLAKE II HOMEOWNERS ASS'N, INC.

No. 87-1195.

533 So.2d 819 (1988)

Norman H. ROTH, Shirley H. Roth, Eli Saffran, Anne W. Saffran, Leo S. Wassner, Pearl K. Wassner, Jack Miller, Shirley Miller, Jack I. Kramer, Jeanette Kramer, Philip Bernstein, Charlotte Bernstein, David Bernstein, and Ellen Bernstein, Appellants, v. SPRINGLAKE II HOMEOWNERS ASSOCIATION, INC., a Florida Corporation Not for Profit, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied December 12, 1988.

Attorney(s) appearing for the Case

Peter S. Sachs, Louise E. Tudzarov and Spencer M. Sax of Sachs & Sax, P.A., Boca Raton, for appellants.

Edward S. Polk of Becker, Poliakoff & Streitfeld, P.A., Fort Lauderdale, for appellee.

Rehearing and Rehearing En Banc Denied December 12, 1988.

LETTS, Judge.

In a struggle between a Homeowners Association and certain unit owners, the latter group appeals the trial court's decision to permit the grant of exclusive easements over the Common Areas. We reverse.

The development in question is not of the condominium variety. The warranty deeds to the forty-eight units all contain the language, "together with a 1/48th share of the Common...

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