Majestic View Condo. Ass'n, Inc. v. Bolotin
Florida District Court of Appeal
429 So.2d 438 (1983)
The Majestic View Condominium Association (plaintiff) enforced a rule limiting residents to one dog or cat under 25 pounds, but Bolotin (defendant) acquired a dog that grew over that weight limit and then got a second large dog; the association sent Bolotin several letters demanding compliance, which he refused, prompting a lawsuit to compel compliance. The trial court declined to order compliance, finding the association hadn't given Bolotin constitutionally adequate procedural due process - specifically adequate notice of the rule and violation, a chance to respond, and reasonable time to comply - and the association appealed.
Whether a condominium restriction must serve a legitimate purpose and be uniformly applied to be enforceable.