HomeMy WebLinkAbout0697 . , • i . ~
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4~43303
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~ IN T~iB CIRCUIT COURT OF TRB NINE- '
' TBSNTp JUDICIAL ~IRCUIT IN AND FOR ~
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ST. LUCIS COUNTY~ FLORIDA.
CIVIL ACTION N0. 78-544
JAMBS R. ERSRINB, JR., aad
MARGARBT ERSRINE, his Wife, '
Plairitiffs, ;
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vs.
OUTDOOR RESORTS AT NETTLES
ISLAND, INC., etc., et al., ~
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FINAL JUDGMENT
" THIS CAUSB having come on for non-jury trial on April
23, 1979, and the Court having considered all of the evidence
and argument of counsel, finds and determines:
Plaintiffs are seeking a mandatory injunction against
the Defendant, Outdoor Resorts at Nettles Island, Inc., a Condo-
minium Association, hereinafter referred to as "ASSOCIATION",
requiring the Association to remove a chain-link fence which
blocks access from Connecticut Avenue to Nettles Island Boulevard,
- and requesting that a permanent injunction be issued enjoining
j the Association, its agents, servants and employees, from closing
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! off or prohibiting direct access from Connecticut Avenue to
j Nettles Island Boulevard. Plaintiffs also originally requested ~
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~ that the individual Defendant Directors of the Association be
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ordered to reimburse the Association for all costs incurred as
a result of their ultra vires act, and save tt~e Association and
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~ its membership harmless, but at the beginning of this trial, ~
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~ Plaintiffs filed a motion for voluntary dismissal of this portion
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of their complaint. Plaintiff contend that the construction and
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~ erection of the fence was a material alteration or a substantial ~
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~ addition to the common elements of the condominium that requires
ratification by the affirmative vote of not less than 75~ of the =
. total votes of the members of the Association present at any ~
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E regular or special meeting of the unit oWners as required by
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~ Paragraph XIV-B of the Declaration of Condominium and as required
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~ by F.S. 718.113(2). €
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