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STEVENS v. TARPON BAY MOORINGS HOMEOWNERS

No. 4D08-1444.

15 So.3d 753 (2009)

Thomas H. STEVENS and Thomas Waynick, Appellants, v. TARPON BAY MOORINGS HOMEOWNERS ASSOCIATION INC., Appellee.

District Court of Appeal of Florida, Fourth District.

July 15, 2009.

Attorney(s) appearing for the Case

Guy M. Shir and Patrick Dervishi of Kahan, Shir, P.L., Boca Raton, for appellants.

Shelly J. Stirrat and George W. Bush, Jr. of Fox Wackeen Dungey Beard Sobel Bush & McCluskey LLP, Stuart, for appellee.

FARMER, J.

In a suit between 2 owners in a community of related homes and their Homeowners Association, the court was asked to decide whether the 2 owners had a right to space on a community dock. The community is comprised of three buildings having 22 townhomes in all. Two buildings face a canal, one a river. The community's original site plan provided 8 dock spaces on the river and 14 on the canal. The developer built river docks having 13 dock spaces, the ownership...

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