Pacitti v. SEAPOINTE CONDO. ASSOC.
Docket: 91-1339
Court: District Court of Appeal of Florida; August 20, 1991; Florida; State Appellate Court
Joseph Pacitti and Richard Procopio, unit owners at Seapointe Condominium, faced allegations from the Seapointe Condominium Association for violating rules regarding the transfer of their units. The association claimed they had transferred their units more than three times in a calendar year and failed to properly notify the association of these transfers. As a result, the association obtained a temporary injunction prohibiting any further rental, lease, or transfer of their units in 1991. The appellants contested the injunction, asserting that their unit usage was limited to social guests, a practice not prohibited by the condominium's declaration or bylaws. The court found the condominium's regulations allowed for up to three rentals or transfers per year, which must be approved by the Board of Directors. The trial court upheld the association's stance that the appellants had violated these rules. However, upon appeal, it was determined that all individuals staying in the appellants' units were classified as "social guests," and there were no limitations on the number or duration of such stays as per the condominium's documents. The court distinguished this case from a precedent (Beachwood Villas Condominium v. Poor) where stricter regulations were applied to guest occupancy, noting that the Seapointe rules did not impose similar restrictions. Consequently, the appellate court reversed both the order denying the motion to dissolve the injunction and the contempt ruling against the appellants.