HIGH POINT OF DELRAY W. CONDO. ASS'N SEC. 3, INC. v. NIELSEN

No. 91-0213.

594 So.2d 828 (1992)

HIGH POINT OF DELRAY WEST CONDOMINIUM ASSOCIATION SECTION 3, INC., Appellant/Cross Appellee, v. George NIELSEN and Mary Nielsen, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

February 26, 1992.


Attorney(s) appearing for the Case

Daniel S. Rosenbaum of Becker & Poliakoff, P.A., West Palm Beach, for appellant/cross appellee.

K. Stuart Goldberg of K. Stuart Goldberg, P.A., Royal Palm Beach, for appellees/cross appellants.


HERSEY, Judge.

A condominium association appeals an order enjoining it from enforcing a provision of the declaration of condominium prohibiting unit owners from using trucks on the condominium property. In granting the injunction, the trial court reasoned that the association was estopped by its own conduct from enforcing this restriction. Appellees, unit owners, offered constitutional, statutory, and agency rationales supporting their theory of the case.

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