DORIS PACHECO AND DULCE MARIE PUJOL, APPELLANTS,
v.
LINCOLN PALACE CONDOMINIUM, INC., APPELLEE
PER CURIAM.
Because appellant Pacheco was a potential purchaser and not a unit owner, and this is not an action between unit owners and/or their condominium association for breach of statutory or contractual provisions governing such associations, we reverse the attorney’s fee award on behalf of Lincoln Palace. § 718.303(1), Fla.Stat. See Saul v. Basse, 399 So. 2d 130 (Fla. 2d DCA 1981); The Fountains of Palm Beach Condominium, Inc. v. Farkas, 355 So. 2d 163 (Fla. 4th DCA 1978).
The remainder of the summary final judgment is affirmed on the ground that the association properly refused to approve Pacheco’s application based upon the restrictive covenant of the condominium bylaws prohibiting children under the age of twelve. White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla.1979).
Affirmed in part; reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Maillard v. Dowdell, 528 So. 2d 512 (Fla. 3d DCA 1988)…. to comply with the terms of Declaration.” The contractual provision awarding attorney’s fees would be inapplicable to plaintiffs. Turnberry Towers Corp. v. Mechoulam, 425 So. 2d 1180 (Fla. 3d DCA 1983); Pacheco v. Lincoln Palace Condominium, Inc., 410 So. 2d 573 (Fla. 3d DCA 1982). We turn now to the legal malpractice count against attorney Dowdell. The seller of the condominium unit, the William Creasy Agency, Inc., allegedly told the plaintiffs and Dowdell prior to the sale that the condominium associati…
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Pearlman v. Lake Dora Villas Mgmt., Inc., 479 So. 2d 780 (Fla. 5th DCA 1985)…DCA 1984); De Slatopolsky v. Balmoral Condominium Association, Inc., 427 So. 2d 781 (Fla. 3rd DCA [*781] 1983); Star Lake North, Commodore Association, Inc. v. Parker, 423 So. 2d 509 (Fla. 3rd DCA 1982); Pacheco v. Lincoln Palace Condominium, Inc., 410 So. 2d 573 (Fla. 3rd DCA 1982). However, none of these cases have determined the validity of an age restriction containing an exception, such as the one involved in this case. In White Egret Condominium v. Franklin, 379 So. 2d 346 (Fla.1979), the seminal cond…
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Turnberry Towers Corp. v. Mechoulam, 425 So. 2d 1180 (Fla. 3d DCA 1983)…choulam was merely a potential purchaser of a condominium unit and was in no sense a condominium unit owner within the contemplation of the above statute. We have recently reached precisely this result in Pacheco v. Lincoln Palace Condominium, Inc., 410 So. 2d 573 (Fla. 3d DCA 1982), in interpreting an indistinguishably analogous statute [§ 718.303(1), Fla.Stat. (1982) ]. The order under review is, accordingly, Reversed.…
Authorities Cited
- White Egret Condo., Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979)
- Saul v. Basse, 399 So. 2d 130 (Fla. 2d DCA 1981)
- The Fountains OF Palm Beach Condo. v. Farkas, 355 So. 2d 163 (Fla. 4th DCA 1978)