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FOONBERG v. THORNHILL HOMEOWNERS ASS'N

Nos. 4D06-3867, 4D07-852.

975 So.2d 601 (2008)

Ephraim FOONBERG, an individual, Batya Foonberg, a/k/a Batya Feinberg, an individual and Frank K. Feinberg, an individual, Appellants, v. THORNHILL HOMEOWNERS ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

March 5, 2008.

Attorney(s) appearing for the Case

Elliott H. Scherker, Julissa Rodriguez, and Brigid F. Cech Samole of Greenberg Traurig, P.A., Miami, for appellants Ephraim Foonberg and Batya Foonberg.

Robert Rivas and Jessica Slatten of Sachs & Sax, Tallahassee, for appellee.

KLEIN, J.

Appellants purchased a new home with a perimeter fence which had not been approved, as required by the homeowner's association. In a lawsuit filed by the association, the trial court granted the association declaratory and injunctive relief requiring the removal of the fence. We affirm.

Section 1 of Article VI of the Covenants provides that

"[n]o buildings, fence, wall, hedge or other structure or landscape improvement of any significant...

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