ESPLANADE PATIO HOMES HOMEOWNERS' ASS'N v. ROLLE

No. 92-664.

613 So.2d 531 (1993)

ESPLANADE PATIO HOMES HOMEOWNERS' ASSOCIATION, INC., Appellant, v. Cecil D. ROLLE, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 9, 1993.


Attorney(s) appearing for the Case

Buchanan Ingersoll and Richard N. Schermer, North Miami Beach, for appellant.

Shutts & Bowen and Lee D. Mackson, Miami, for appellees.

Before SCHWARTZ, C.J., and FERGUSON and GERSTEN, JJ.


SCHWARTZ, Chief Judge.

On this appeal by the homeowner's association, we reverse a judgment holding that it was estopped from enforcing a valid restriction against satellite dishes in the community. We reach this conclusion because (a) the association itself made no representation to the Rolles that the restriction could not be enforced; the only such statement was made by the sales agent of the developer which, whether or not the developer's representative occupied...

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