Perlini v. Seminole Woods Community Ass'n

582 So. 2d 1221, 1991 Fla. App. LEXIS 6089, 1991 WL 111488
CourtDistrict Court of Appeal of Florida
DecidedJune 27, 1991
DocketNo. 90-988
StatusPublished
Cited by4 cases

This text of 582 So. 2d 1221 (Perlini v. Seminole Woods Community Ass'n) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Perlini v. Seminole Woods Community Ass'n, 582 So. 2d 1221, 1991 Fla. App. LEXIS 6089, 1991 WL 111488 (Fla. Ct. App. 1991).

Opinion

DIAMANTIS, Judge.

Appellants/defendants below, Enzo and Joann Perlini, and appellee/plaintiff below, Seminole Woods Community Association, respectively appeal and cross-appeal from a final judgment following a non-jury trial. On the appeal of the Perlinis we affirm in part and reverse in part. On the cross-appeal of the Seminole Woods Community Association we affirm.

Enzo and Joann Perlini own a home on a twenty-five-acre parcel of property located in Seminole County, Florida. The property is located in a rural area and the only direct access to the property is by way of highway 13, a dirt road which was formerly a railroad bed. In an effort to avoid the inconvenience of traveling highway 13, the Perlinis decided to use the roadways contained in Seminole Woods, a privately owned subdivision which is located directly adjacent to the Perlinis’ twenty-five-acre lot, to gain access to their land. The property located within the Seminole Woods subdivision is subject to certain restrictive covenants.

The Seminole Woods Community Association (a homeowners association hereinafter referred to as the Association) did not approve of the Perlinis’ use of the subdivision’s private roadways because the Perlin-is did not own land in the subdivision and the roadways were constructed and are maintained by the Association for the benefit of the people who own land within the subdivision. The Association eventually constructed gateways blocking the two entrances to the subdivision thus preventing anyone other than persons owning property within the subdivision from gaining access to the roadways.

The Perlinis eventually purchased a five-acre lot within the Seminole Woods subdivision. This lot (lot 25) is located directly adjacent to the Perlinis’ twenty-five acres. The Perlinis proceeded to clear a dirt pathway through lot 25 so that they could drive from the subdivision’s private roadway through lot 25 to gain access to their adjoining twenty-five acres. By driving over lot 25 the Perlinis cross an equestrian easement located on their property but owned by the Association. The subdivision’s Declaration of Restrictions defines the easement as follows:

9.01 All easements for utilities, drainage, ingress/egress, equestrian trails, and other purposes, as designated on exhibit “B” hereto, are hereby reserved as perpetual easements for such uses and [1223]*1223for the installation and maintenance of any attendant facilities. Any wall, fence, paving, planting or any other improvement located on an easement area shall be removed upon the request of the developer, its successors or assigns, the architectural design committee, or any public utility using the easement area, and such removal shall be at the expense of the owner of the homesite. (emphasis added).

When the Association became aware of the Perlinis’ use of lot 25 as a roadway to access their adjoining twenty-five acres, the Association’s board of directors instructed the Perlinis that such use was prohibited. The Perlinis, however, continued to drive through lot 25 to access their twenty-five acres. The Association’s board of directors later voted to institute suit against the Perlinis to enjoin them from using lot 25 as a means to access their twenty-five acres. Accordingly, the Association filed a complaint against the Perlinis seeking injunctive relief, declaratory relief and damages. The claims made and the relief sought by the Association include:

(1) by driving vehicles across the equestrian easement the Perlinis are violating the Association’s policy which states that no motor vehicles are permitted on the equestrian trail. The Association requested the trial court to permanently enjoin the Perlin-is from driving vehicles across the equestrian easement;

(2) the Perlinis are violating the deed restriction which sets forth the exact boundaries for the subdivision because the Perlinis are using lot 25 in conjunction with their twenty-five-acre parcel. The Association requested the trial court to permanently enjoin the Perlinis from in effect attempting to incorporate their twenty-five-acre lot into the Seminole Woods subdivision;

(3) the Association is permitted to erect a fence on the portion of the equestrian trail located on the Perlinis’ property in order to separate lot 25 from the Perlinis’ twenty-five-aere lot. The Association requested the trial court to enter a declaratory judgment stating that the Association has the right to erect such a fence;

(4) the Association has incurred damages as a result of the Perlinis’ use of the equestrian trail as a roadway. The Association requested the trial court to enter an award of money damages;

(5) the Association has incurred costs and attorney’s fees in its attempt to enforce the deed restrictions. The Association requested the trial court to award the Association such fees and costs as provided by the Declaration of Restrictions;

(6) because the Perlinis are in violation of the deed restrictions the Association requested that the trial court grant any other and further relief as the court may deem proper, equitable and just.

The Perlinis answered the complaint, raised several affirmative defenses, and asserted a counterclaim. In their counterclaim the Perlinis averred that the Association is improperly limiting the Perlinis’ ability to enjoy their property by: (1) refusing to give the Perlinis a remote-control device which opens one of the gates to the subdivision; and (2) removing the Perlinis’ mailbox from the Perlinis’ Seminole Woods property. The Perlinis requested injunc-tive relief and an award of damages.

The matter proceeded to non-jury trial on the Association’s complaint and the Perlin-is’ counterclaim. Following trial the court entered an order summarized in pertinent part as follows:

(1) The trial court permanently enjoined the Perlinis from using the private roads located within the Seminole Woods subdivision as a means of ingress and egress to their land located outside the subdivision.
(2) The trial court denied the Association’s request for damages, finding any damage to the equestrian trail to be inconsequential.
(3) The trial court found that the Association failed to demonstrate that it has the right to erect a fence on the equestrian trail easement located on the Perlinis’ lot.
(4) The trial court refused to order the Association to permit the Perlinis to [1224]*1224place a mailbox on lot 25 because the court found that the mailbox was serving acreage located outside the subdivision; namely, the twenty-five-acre lot owned by the Perlinis. The court further found that the Perlinis are not entitled to an award of damages because they failed to prove that they suffered any damage due to the Association’s refusal to permit them to place a mailbox on lot 25.
(5) The trial court concluded that the Perlinis are not entitled to receive a remote-control device to open the gateway to the subdivision because they were abusing the privilege for which the Association had allowed them to use the private roads of the Seminole Woods Subdivision.

Both parties moved for rehearing; however, the trial court denied these motions. The Perlinis then filed a notice of appeal and the Association later filed a cross-appeal.

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Bluebook (online)
582 So. 2d 1221, 1991 Fla. App. LEXIS 6089, 1991 WL 111488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perlini-v-seminole-woods-community-assn-fladistctapp-1991.