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HomeMy WebLinkAbout0698 E k Defendants contend that the chain-link fence con- ~ structed and erected was approved by the Board of Directors of the Association, and ratification of the Board of Directors' ~ action was not necessary as the fence did not constitute a material alteration or substantial addition to a common element. In addition, Defendants contend that the Board of Directors of 'the Association is authorized by F.S. 718.111(10) to modify or move any easement for ingress and egress. . . It was stipulated and agreed by the parties that the ~ awarding of attorneys' fees under F.S. 718.303 would be held at ~ a later hearing when costs are determined. Plaintiffs are the owners of Lot 23 of the Condominium,. having acquired ownership in 1970. Plaintiffs' shortest and most direct route to the ocean was in a northerly direction on Connecticut Avenue to Nettles Island Boulevard, then to AlA, and east to the Atlantic Ocean. Plaintiffs originally could drive their golf cart or bicycle or walk from Connecticut Ave.nue di- rectly to Nettles Island Boulevard. Subsequent to Plaintiffs purchasing their.lot, a seagrape hedge, various trees and grass were planted along the common element of Nettles Island Boule- ~ , . , vard adjacent to the end of Connecticut Avenue and in addition, I concrete bumps were instaled at the end of Connecticut Avenue ~ so that vehicular traffic, including golf carts, did not have ' t access from the end of Connecticut Avenue to Nettles Island ~ E ~ Boulevard. Rowever, pedestrian tiCaffic continued on this route ~ ~ and there was a path through the grass and seagrape hedge for ~ 5 ; persons to walk. ' ~ The Association's Board of Directors, at a meeting on ~ . _ ~ March 11, 1978 (P-3), authorized a fence to be constructed along ~ ~ the south side of Nettles Island Boulevard. This action was ~ ~ never ratified by the unit owners of the condominium.. 190 feet of 6 foot high and 240 feet of 4 foot high chain-link fence was z ~ ~ ' constructed along the south side of Nettles Island Boulevard ~t s - ~ ~ a cost of $947.96. (P-2), in July, 1978. This fence blocked ~ s Plaintiffs' access to walking from the end of Connecticut ~ - ~ ~ ~ -2- ~ ?i ~p , ~ ` 60GIf t~VU ~E ~ ~ • ~ ~^~'s~ . . z<~ y ~ , : ~ - - . . - { ~~~G ~h~~ . - ~ : .