FRANK J. PRINZING AND MARIE M. PRINZING, HUSBAND AND WIFE, APPELLANTS,
v.
JOCKEY CLUB OF NORTH PORT OWNERS ASSOCIATION, INC., A NONPROFIT FLORIDA CORPORATION, APPELLEE

Fla. 2d DCA | 1986-02-26
No. 85-1460
Campbell, A.C.J., Schoonover, J., Lehan, J.
483 So. 2d 833 Florida District Court of Appeal, Second District (1986)

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Synopsis

A television satellite antenna dish constitutes a "structure" under deed restrictions requiring approval for any structure erected on residential property.


Holding

A television satellite antenna dish constitutes a "structure" within the meaning of deed restrictions prohibiting structures without prior approval.


Headnotes

[1] A television satellite antenna dish installed on a concrete base constitutes a "structure" subject to deed restrictions requiring approval before erection on residential…

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Facts & Procedural History

Appellants constructed a television satellite antenna dish on a concrete base measuring approximately fifteen feet high and eleven feet wide on their …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The basic issue on this appeal is whether a television satellite antenna dish constitutes a “structure” as contemplated by deed restrictions applicable to appellants’ property. The satellite antenna was constructed on a concrete base and measures approximately fifteen feet high, eleven feet wide, and has a prong/receiver in the center of the dish approximately four feet in length. The applicable deed restriction provides:

No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein, including patio covers, be made until the plans, drawn to the appropriate scale, and specifications showing the nature, kind, shape, height, materials and location of the same including exterior color scheme shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures, topography and vegetation by the Environmental Control Committee. Approval or disapproval of the same shall be made by the Committee and returned to the applicant within a reasonable time, not to exceed 45 days after receipt thereof.

The trial court held that the television antenna constituted a structure as contemplated by the deed restrictions. We agree. See Barrett v. Leiher, 355 So. 2d 222 (Fla. 2d DCA 1978).

Affirmed.

CAMPBELL, A.C.J., and SCHOON-OVER and LEHAN, JJ., concur.


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