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Property Law Keyed to Singer
Breene v. Plaza Towers Association
Facts
Janet Lucas Breene and A. William Lucas (Plaintiffs) purchased a condominium unit. At the time of purchase, there was no restriction relating to the sale or lease of the unit other than a provision giving the association the right of first refusal. The declaration of condominium contained a provision, which allowed it to be amended at a meeting by a vote of the members of the association. The Plaza Towers Association (Defendant) amended its bylaws and included a provision, which prohibited the lease of a unit to a non-owner. The amendment was not recorded. Plaintiffs requested permission to rent the unit, and their request was denied. Plaintiffs sought to enjoin Defendant from enforcing its bylaws against them.
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