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Cudjoe Gardens Property Owners Assoc., Inc. v. Payne
Citations: 779 So. 2d 598; 2001 WL 166997Docket: 3D00-2349
Court: District Court of Appeal of Florida; February 20, 2001; Florida; State Appellate Court
Cudjoe Gardens Property Owners Association, Inc. (Appellant) appealed a trial court's judgment against it, which was based on the claim that amended deed restrictions were void due to non-compliance with the two-witness requirement of Florida Statute section 689.01. The trial court had initially dismissed the association's action to prevent construction violating these restrictions for lack of standing, but this dismissal was reversed by the District Court of Appeal of Florida, Third District. Upon remand, the trial court ruled that the deed restrictions were not valid because the written ballots did not meet statutory requirements. The appellate court, however, determined that these deed restrictions constitute equitable rights arising from the contractual relationship among property owners, rather than interests in real estate covered by section 689.01. Citing precedent, the appellate court reaffirmed that restrictive covenants are equitable in nature and do not constitute real estate interests. Consequently, the appellate court reversed the trial court's judgment and remanded the case for further proceedings consistent with its ruling. The court noted that the appellees’ argument regarding the association's rights to enforce restrictions as "easements" was outside the scope of this case. The ruling emphasized the distinction between equitable rights and real estate interests under Florida law, ultimately favoring the association's position to enforce the deed restrictions.