MAJESTIC VIEW CONDOMINIUM ASSOCIATION, INC., V. BOLOTIN.
429 So. 2d 438 (1983)
NATURE OF THE CASE: Majestic (P), condominium association challenged an order that denied
P injunctive relief for enforcement of a condominium provision against Bolotin (D),
condominium owners because appellant violated U.S. Const. amend. XIV, 1, and Fla. Const.
art. I, 9.
FACTS: The Declaration of Condominium of P prohibits all animals and pets of any kind,
except one dog or cat under twenty-five pounds, owned by a unit owner. D acquired a dog
which thereafter grew larger than twenty-five pounds, and acquired another large dog. The
dogs to ran at will through the condominium, frightening residents and creating a nuisance.
P sent several letters, first requesting and then demanding that Ds comply with the
declaration of condominium. Ds refused to comply and appellant filed its complaint for
injunctive relief. Ds answered and admitted every factual allegation of the complaint except
those relating to adequate remedy at law, irreparable harm, and attorney's fees. Ds filed a
counterclaim in which they alleged that P arbitrarily enforced or applied the pet
restriction against them but not against others. The trial court found the pet rule valid
and specifically found against Ds on their counterclaim, and then entered judgment in favor
of P, and awarded them attorney's fees. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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