Legal Opinion

Nieto v. Mobile Gardens Ass'n of Englewood

District Court of Appeal of Florida

Decided April 12, 2013No. 2D11-4958Published

1Opinion of the Court

KELLY, Judge.

The appellants,1 residents of Mobile Gardens subdivision, appeal from the final judgment that found deed restrictions promulgated by the homeowners association valid and enforceable against them. The judgment also permanently enjoined appellants Rosalba A. Nieto and Faviola Rodriguez from having minors reside on their property because of the deed restriction defining the subdivision as an age-restricted community. Because the trial court erred in finding that Mobile Gardens had standing to enforce the restrictions, we reverse.

Mobile Gardens, a mobile home subdivision in…

2Cases cited2 opinions

  1. PALM PT. PROPERTY OWNERS' v. PisarskiSupreme Court of Florida · 1993
  2. Holiday Pines Property Owners Ass'n v. RowenDistrict Court of Appeal of Florida · 1996

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