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IN THE COUNTY COURT IN AND FOR/
BROWARD COUNTY, FLORIDA
VILLAS OF BONAVENTURE AT
BONAVENTURE 23 CONDOMINIUM 8 lb
z tA
ASSOCIATION, INC.
CASE NO. 2000-7647-80
Plaintiff,
VS.
JUDGE: STEVEN G. SHUTTER

IRENE PASQUEL f/k/a

IRENE PASQUEL WEITZNER

Defendant.

FINAL JUDGMENT
„
THIS CAUSE was heard on March 19, 2001. The Court having bearA
the testimony of the witnesses, reviewed the exhibits anCheard,pthe
arguments of councel for each party finds that:
1. The Court has subject matter jurisdiction over this ii-Sue to wit:
a request by the Plaintiff for injunctive relief against Defendant
to prohibit the parking of a pick-up truck on their property.
2. The Plaintiff is a condominium association duly organized under the
laws of the State of Florida.
3. The Defendant is a unit owner in such condominium.
4. Article 2.13 of the Declaration of Restrictions of the Plaintiff
states:
Trucks and Trailers: In order to maintain the high standards
of the Land with respect to vehicles or house or boat trailers
shall be permitted to be parked or stored on the Land, except
during periods of approved construction. This parking of trucks
and commercial vehicles used for pick-up, delivery and the
furnishing of commercial services.
5. From June, 2000 the Defendant and/or her agent parked a 2000 GMC
Silverado pick-up truck on the condominium property. The vehicle
is a full size pick-up weighing about 4400 pounds.

( 1 )

a a 14, I hereby certify this document to be a true, correct and complete copy of the record filed in my office.
rr y A.iuiiIUdLIJ1.
By•• Broward County Deputy Clerk
"*. 99fae55d-cd52-48bf-9ee7-970afa2a6abf Page 1 of 3
 OR BK 31545 PG 0665

6. This vehicle is a personal use pick-up with no commercial markings

or evidence of any commercial use.
7. The Plaintiff demanded removal of the vehicle in accordance with the
association restrictions which are similar to the deed restrictions
that runs with the land. The Defendant refused to comply.
8. This pick-up is aethetically equal to many new passenger cars and
superior to many older vehicles presently parked at the condominium.
9. Virtually all Sport Utility Vehicles (SUV) are truck-based and almost
all are larger than this pick-up. In fact an Excursion wrighs over
7000 pounds. Even the Chrysler PT Cruiser is considered a "truck"
under certain federal government guidelines. The Pontiac Aztec
could be called a car, van, truck or a confused mess of a design,
def5ading upon who you ask.
10. In the past decade the most popular vehicle sold in the United States
is a pick-up truck (Ford F-150).
11. Therefore, it is clear that the distinction among passenger cars,
trucks, STS and vans has drastically changed since this restriction
was enacted decades ago.
12. The rules and restrictions imposed by a condominium association to
provide the aethetics of their property will be enforced by the
Courts unless they are fould to be unreasonable.

Based upon the foregoing the Court finds:

13. The Plaintiff's restruction as to trucks are applied in this case is

unreasonable, will not be enforced and the injuction is denied.
14. The parking of a personal use pick-up truck used soley for personal
use bearing no commercial marking or modification could not be said
to be aesthetucally negative. Such vehicles along with their cousins
the SYV's have become a staple of our society and to prohibit them
would unreasonably interfere with the owners right to use and enjoy
their property. Cultural perception evolve and change. Personal
use pick-up trucks do not carry the negative implication they might
have 25 years ago. In no way could the parking of these vehicles
interfere with the quiet enjoyment or the property values of the
condominium residents.

( 2 )

AlIt I hereby certify this document to be a true, correct and complete copy of the record filed In myncerivri- SO
natpri this n-I Hay nf 114=1^PrrihPr 707? County Administrator.
' By: Broward County Deputy Clerk
- .....,), 99fae55d-cd52-48bf-9ee7-970afa226abf Page 2 of 3
 OR BIC 31545 PG 0666

15. This ruling does not apply to heavy duty commercial pick-ups such
as Ford F-250 and F-350 or a pick-up with commercial markings or
commercial modifications or pick-ups used for commercial purposes.
16. The Court reserves jurisdiction to award appropriate attorneys fees
and costs.

DONE AND ORDERED this 19 day of April, 2001 at Plantation,

Broward County, Florida.

S ven G. er
County Court Judge

cc: David Schottenfeld, Esq.

Lee Glassman, Esq.

( 3 )

I hereby certify this document to be a true, correct and complete copy of the record filed in my office. erb
,‘ , Dated this 01 day of December, 2022 County Administrator.
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99fae55d-cd52-48bf-9ee7-970afa2a6abf Page 3 of 3