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WHITLEY v. ROYAL TRAILS PROPERTY

No. 5D04-1344.

910 So.2d 381 (2005)

Hoyte S. WHITLEY and Martha R. Whitley, Appellants, v. ROYAL TRAILS PROPERTY OWNERS' ASSOCIATION, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

September 16, 2005.

Attorney(s) appearing for the Case

Howard L. Cauvel of Rano, Cauvel, & Ceely, P.A., DeLand, for Appellants.

Wayne Tosko, of Vasquez & Tosko, LLP, Orlando, for Appellees.

THOMPSON, J.

Hoyte S. Whitley and Martha R. Whitley challenge a final judgment in favor of Royal Trails Property Owners' Association, Inc. ("Association") that would permit either class of owner in the Association to act without the other's consent. We reverse.

The Whitleys own a lot in the Royal Trails subdivision in Lake County. The Association is a Florida corporation organized under Articles of Incorporation (the "Articles"), By-Laws, and a Declaration...

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