context: The Declaration specifically provided that the covenants and restrictions inured to the benefit of all lot owners. As a clearly intended beneficiary of the Declaration, Kirschner had the right to enforce the subdivision's restrictions.
citation_a.signal: no signal
citation_a.parenthetical: restrictive covenants may be enforced by those who may be considered beneficiaries of covenants
citation_a.sentence: Osius v. Barton, 109 Fla. 556, 147 So. 862, 868 (1933) (restrictive covenants may be enforced by those who may be considered beneficiaries of covenants); see also Gercas v. Davis, 188 So.2d 9, 11 (Fla. 2d DCA 1966) (well settled that residential lot owners are beneficiaries of restrictive covenants); Batman v. Creighton, 101 So.2d 587, 590 (Fla. 2d DCA 1958) (benefit of restrictive covenants inures to each purchaser in subdivision). The fact that the Declaration granted the POA power to enforce the restrictions did not eliminate Kirschner’s enforcement rights.
citation_b.signal: see also
citation_b.identifier: 101 So.2d 587, 590
citation_b.parenthetical: benefit of restrictive covenants inures to each purchaser in subdivision
citation_b.sentence: Osius v. Barton, 109 Fla. 556, 147 So. 862, 868 (1933) (restrictive covenants may be enforced by those who may be considered beneficiaries of covenants); see also Gercas v. Davis, 188 So.2d 9, 11 (Fla. 2d DCA 1966) (well settled that residential lot owners are beneficiaries of restrictive covenants); Batman v. Creighton, 101 So.2d 587, 590 (Fla. 2d DCA 1958) (benefit of restrictive covenants inures to each purchaser in subdivision). The fact that the Declaration granted the POA power to enforce the restrictions did not eliminate Kirschner’s enforcement rights.