Quail Creek Property Owners Ass'n, Inc. v. Hunter, 87-3638
| Decision Date | 03 February 1989 |
| Docket Number | No. 87-3638,87-3638 |
| Citation | 538 So.2d 1288,13 Fla. L. Weekly 2668 |
| Parties | 13 Fla. L. Weekly 2668, 14 Fla. L. Weekly 372 QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC., a Florida non-profit corporation; Westok International Corporation, a Florida for-profit corporation; RSH of Naples, Inc., a Florida for-profit corporation; Silver Sands of Indian River, Inc., a Florida for-profit corporation; and Quail Creek Developments Corporation, Inc., Appellants, v. William L. HUNTER and Martha M. Hunter, Appellees. |
| Court | Florida District Court of Appeals |
George Vega, Jr. and Lawrence D. Martin of Vega, Brown, Stanley & Martin, P.A., Naples, for appellants.
Dennis R. White and Donald K. Ross, Jr. of Dennis R. White, P.A., Naples, for appellees.
Appellants, defendants below, appeal a partial summary final judgment which declared a provision of the Declaration of Protective Covenants relating to the Quail Creek Subdivision violative of the First and Fourteenth Amendments of the United States Constitution and article I, section 4 of the Constitution of the State of Florida. We reverse.
Quail Creek Subdivision is a privately developed subdivision of upper class homes and appellees are property owners in that subdivision. Appellees became subject to the covenants contained in the Declaration of Protective Covenants and Amendments thereto when they purchased their property in the Quail Creek Subdivision. Appellees are now trying to sell that property. Appellees sought injunctive and declaratory relief from the enforcement of that portion of the protective covenant which prohibited the display of any signs by lot owners on their lots in the subdivision except for signs identifying the owners' name and address. The particular provision in question provides as follows:
13. SIGNS. No signs, freestanding or otherwise installed, shall be erected or displayed on any lot or structure by an owner, except one sign, not more than two feet square in area containing the owner's name and address. This prohibition shall not apply to model homes or homes under construction, however signage for model homes or homes under construction shall conform [to] the following guidelines:
(a) A model home means a home furnished and staffed for display during normal business hours. Model homes may erect one sign limited to "Furnished Model by" and "Name of Builder."
(b) A home under construction may erect one sign limited to "Name of Builder" and/or "Name of Owner."
No signs shall be more than two feet square in area and any and all deviations from the above signage guidelines must be approved in writing by the Association.
The record is devoid of any discovery below. There were no facts established by affidavits, admissions, depositions or interrogatories. Appellees alleged that they were arbitrarily and unreasonably restricted in the exercise of their first amendment rights because the covenant at issue prohibits...
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