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Daly v. River Oaks Place Council of Co-Owners

Condominium association may restrict owner's placement of a satellite dish on the roof of his condominium because he does not have exclusive use or control of the roof.

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OPINION ON SECOND MOTION FOR REHEARING

We grant appellant’s rehearing motion, withdraw our opinion on rehearing dated August 9, 2001, and substitute this opinion in its stead.

River Oaks Place Council of Co-Owners (“The Association”) sued Richard D. Daly for contract breach and declaratory and injunctive relief. Daly counterclaimed for contract breach and declaratory relief. Based on the jury’s verdict, the trial judge rendered judgment in favor of the Association and against Daly for contract breach, issued a permanent injunction against Daly, and awarded $26,996 in attorney’s fees to the Association. We affirm in part and reverse in part and remand.

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