Goldcrest Realty Corporation v. Cypress Gardens Condominium Corporation

Summary

This case involves a dispute between condominium developer Goldcrest Realty Corporation and Cypress Gardens Condominium Corporation over encroachment on common areas. Goldcrest built unauthorized structures including doors, fencing, and an office building on areas designated as common or limited common areas. The Supreme Court affirmed lower court rulings that Goldcrest's exclusive use rights over limited common areas under the Master Deed did not permit construction of permanent structures or leasing to third parties. The Court applied Civil Code easement principles, finding that Goldcrest's actions impaired the easement by exceeding necessary use, making it more burdensome, and violating restrictions on dominant estate owners. The decision reinforces that condominium easement rights are limited to their intended purpose and cannot be expanded through unauthorized construction or commercial use.