Woodside Village Condominium Association, Inc. v. Jahren

806 So.2d 452 (2002)

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Woodside Village Condominium Association, Inc. v. Jahren

Florida Supreme Court
806 So.2d 452 (2002)

SC
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Facts

Woodside Village (Woodside) (plaintiff) is a condominium development that is governed by the Declaration of Condominium of Woodside Village (Declaration). The Declaration contained restrictions on leases, as well as a provision allowing amendment of the Declaration. In line with this provision, the Declaration was amended to further inhibit leases, limiting them to no more than nine months at a time. Condo owners in Woodside all purchased their condos subject to the Declaration and as a result, notice that the Declaration was subject to amendment. Jahren (defendant) was a condo owner in Woodside. The year after the amendment passed, Jahren was engaged in a lease for more than nine months, but did not terminate the lease when Woodside notified him that he was required to comply with the amendment. Woodside then filed suit seeking an injunction to force Jahren to comply with the Declaration. Jahren filed a counterclaim, seeking an injunction prohibiting Woodside from enforcing the lease restriction. The Florida Second District Court of Appeal ruled in favor of Jahren. Woodside appealed.

Rule of Law

Issue

Holding and Reasoning (Anstead, J.)

Concurrence (Quince, J.)

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