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MAGER, J.. dlssenting:
ln my oplnion a provislon that "all rentals ~hereof shall
exclusively be undertaken by the developer" constitutes the imposition
of an undue restriction on the use of property. It is as much a
"restrt~int on alienatlon" as the imposition of a condition "that all
sales thereof shall exclusively be undertaken by the developer" .
6I Am. Jur. , Perpetuittes, ~S~ 93, 97.
As the majority po~nts out~ an unlimited restraint on aliznati~n
- Is void; it would seem, with equal force, tha~ an unlimited restraint o~~
use should also be void, particularly where an estate in ;e~ ~s:~-?ple i~
- concerned.
The fact- that the property in question ~~ras pui-ctia~~~ci z,n:i~ •
condominium concept of ownership does not alter thz r~.~p~~~~~~n: ~f j~
restriction--for ~ve are here dealing with a restrain~ impo~e:~ b~ e1~:
grantor-developer upon the grantee-purchaser. Vde are not co~~::•~rr._ ~f
k with the use restrictions and limitations imposed upon the inc:i°: i.li~at
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' condominium unit owner as between such owner and the orher coi~dominium
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g unit owners or the condominium association. L.~nquestionably, con~iominium
s
~ ownership creates a. myriad of restrictions and limita~ions upon "conv~yance,
~
~ sale, leasing, purchase, ownership and a^cupancy of units" insofar as the
individual condominiLm unit owner and all other condominiurn unit owners
~ making up the condominium property are concerned. ~'~'hether a declaration
~ of condominium can require that the condominium association be the _
~ ~
~ exciusive rental agent for each of the condominium units is not at issue;
~
~r but ic would certainly appear to be both repugnant to a declaration of con-
dominium and to the general principles of law pertaining to ownership of
i
= pi-operty for the grantor-developer to retain such a degree of control over ,
~
~ the use of the property after fee simple title has been conveyed.
The individual condominium unit owner should be permitted to
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