Sterling Village Condominium, Inc. v. Breitenbach
Florida District Court of Appeal
251 So. 2d 685 (1971)

- Written by Mary Phelan D'Isa, JD
Facts
The Sterling Village Condominium, Inc. (the managing corporation) (plaintiff), as the managing corporation of the Sterling Village Condominiums, filed suit against the Breitenbachs (the owners) (defendants), the owners of two units who, without the managing corporation’s prior approval, removed the screens from their units’ screen enclosures and replaced them with glass jalousies. The managing corporation, which had rejected the owners’ previous request to replace the screens with glass, sought a mandatory injunction requiring the owners to remove the glass jalousies and return the screens, citing the declaration that defined the screen enclosures as limited common elements and alleging that the owners’ actions violated state condominium law and the condominium declaration, both of which prohibited material alteration or substantial addition to any unit or common element without the managing corporation’s prior approval. The trial court found that substituting the glass jalousies for the screens did not constitute a substantial alteration or addition, so no prior approval was needed, and it denied the injunction. The managing corporation appealed.
Rule of Law
Issue
Holding and Reasoning (Driver, J.)
What to do next…
Here's why 833,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.