PAYNE v. CUDJOE GARDENS PROPERTY OWNERS ASSOCIATION, INC.

No. 3D02-567.

837 So.2d 458 (2002)

Roy H. PAYNE, Jr., and Elizabeth Burger-Payne, Appellants, v. CUDJOE GARDENS PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, et al., Appellees.

District Court of Appeal of Florida, Third District.

December 18, 2002.


Attorney(s) appearing for the Case

Francis H. Muldoon, Jr. (Key West), for appellants.

Morgan & Hendrick and James T. Hendrick and Warren D. Tochterman (Key West), for appellees.

Before LEVY, FLETCHER and RAMIREZ, JJ.


PER CURIAM.

Appellants are homeowners in the subdivision of Cudjoe Gardens in Monroe County. The subdivision is governed by a voluntary association, Cudjoe Gardens Property Owners Association ("the association"), comprised of approximately 55 property owners. All subdivision property deeds contain a Declaration of Restriction which subjects the property to certain set-back restrictions. Additionally, all building plans for new development and/or modifications to existing...

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