Majestic View Condo. Ass'n, Inc. v. Bolotin

429 So.2d 438 (1983)

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Majestic View Condo. Ass'n, Inc. v. Bolotin

Florida District Court of Appeal
429 So.2d 438 (1983)

Facts

Residents of the Majestic View Condominium were members of the Majestic View Condominium Association, Inc. (Majestic) (plaintiff), which prohibited residents from owning any pets except for one dog or cat less than 25 pounds. After moving into the unit, Bolotin (defendant) acquired a dog which grew to be over 25 pounds and then got another large dog. Majestic sent Bolotin several letters requesting him to comply with the condo rule regarding pets. Bolotin refused and Majestic filed suit to compel compliance. The trial court declined to order Bolotin to comply because Majestic had not provided afforded Bolotin procedural due process under the U.S. Constitution by failing to provide adequate notice of the rule or its violation, an opportunity to respond, or a reasonable time to comply. Majestic appealed.

Rule of Law

Issue

Holding and Reasoning (Dell, J.)

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