HomeMy WebLinkAbout0711 gated from time to ~ime by the Developer. The
Develope~ shall retain for its services 508 of the
gross amount of the rental collected on any lot
with the remaining 50$ reserved for the benefit
of the lot owner. As partial consideration for
the aforesaid, the Developer shall undertake an
advertising program to promote the rental of said
units, both those units owned by the Developer
and those units sold and in private ownership."
Thereafter Plaintif~ on Fehruary 2, 1971 recorded an Amendment to
said Declaration of Condominium amending Paragraph XI to cause it
to read as follows, viz: -
~ XI .
" ' PROVISIONS RELATING TO SALE
~ OR RENTAL OF CONDOMINIUM UNITS
No restrictions are placed herein as
far as selling any condominium unit. The developer
however, shall have for a period of ninety-nine
(99) years from the date of this Declaration the
exclusive right, in the absence of use by the
Owner or his designated guest, to rent lots which
are a part of the Declaration at scheduled rates
promulgated from time to time by the Developer.
The Developer shall retain for its services 50~
of the gross amount of the rental collected on
any lot with the remaining 50$ reserved for the
benefit of the lot owner. As partial considera-
tion for the aforesaid, the Developer shall under-
take an advertising program to promote the rental
of said units, both those units owned by the
Developer and those units sold and in private
ownership. .
This exclusive right of the Developer to
; rent lots which are a part of the Declaration shall
i be binding on each member, his successors and
I assigns, and shall constitute a covenant running
~ with the land of each condominium unit.
~ The net effect of the above Amendment, of course, was to change
the exclusive right to rent provisions had by the Plaintiff from
~ a restrictive covenant subject to later amendment or deletion by
the condor.~inium association cor.lposed of the lot owners to a 99
year covenant runninq with the land that was not subject to
~ amendment or deletion by the condominium association. The
~ Defendants attack and object to the above exclusive right to rent
~
~ provision had by Plaintiff on the grounds that it is both unfair
3
; and unreasonable and therefore violative of Florida Statute
~
~ 718.302 (2), which provides that:
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