Legal Opinion

Miami Lakes Civic Ass'n v. Encinosa

District Court of Appeal of Florida

Decided August 20, 1997No. Nos. 96-2830, 97-355Published

1Opinion of the Court

NESBITT, Judge. .

Plaintiff Miami Lakes Civic Association, Inc. (the “association”) appeals a final judgment entered in favor of the defendant homeowner, Rolando J. Encinosa, Jr. (Encinosa). We reverse.

Encinosa owns a home on the shores of Lake Patricia in Miami Lakes. He completed construction of a deck in his backyard in 1992. Encinosa built the deck without the prior approval of the Miami Lakes Architectural Control Committee (the “committee”) as required by certain restrictive covenants to which his property is subject. The relevant provisions provide in pertinent part:

15. ARCHITECTURAL…

2Cases cited4 opinions

  1. Killearn Acres Homeowners Ass'n, Inc. v. KeeverDistrict Court of Appeal of Florida · 1992
  2. Europco Mgt. Co. of America v. SmithDistrict Court of Appeal of Florida · 1990
  3. Young v. TORTOISE ISLAND HOMEOWNER'SDistrict Court of Appeal of Florida · 1987
  4. CORAL GABLES INVEST., INC. v. Graham CompaniesDistrict Court of Appeal of Florida · 1988

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