Majestic View Condominium Association, Inc., v. Bolotin.

429 So. 2d 438 (1983)

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Nature of the Case

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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 too 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.