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HomeMy WebLinkAbout0712 "Any grant or reservation made by a declaration, lease or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, shall be fair and reasonahle." From the evidence presented the Court finds that the above quoted Paragraph XI of the Declaration of Condominium is in fact fair and reasonable and not in violation of Florida Statute 718.302 (2). The evidence shows that Plaintiff has expended large sums in ad- vertising and management of its rental program in the development. No claim is made that the rental charges made thus far by Plaintiff have been unfair nor that Plaintiff's stated fee of 50$ of the gross rental is unfair. Plaintiff's overall development plan considered that it would control rentals of units not occupied-by the lot owners or their designated guests. Those purchasing units in the complex are hel~ to have knowledge of Paragraph XI of the Declaration of Condominium, as amended as same have been duly made a matter of record. The Defendants and other unit owners argue that even under said Paragraph XI they can allow others to occupy their units, receive compensation therefor and not be in violation of said Paragra~h XI if they designate those ~ occupants as "guests" or "designated guests" of the owner. This . IE cannot be so. The meaning and intent of said Paragraph XI is clear and simply provides that, as to any given unit, unless that ~ ~ unit is being occupied by the owner or his designated g~iest then ~ the developer Plaintiff can rent it out and retain 50$ of the rental obtained. One could not qualify as a designated guest of ~ the owner if he pays any charge or fee to the owner for the priv- ~ . ~ ilege of occupying the lot. Any such charge or fee would c~nstitute ~ prohibited rental no matter if same should be called a"contri- bution" or "voluntary gift" and would be in clear violation of ~ said Paragraph XI. ~ ~ ~ The Plaintiff in this case seeks as damages one-half (1/2) ~ ~ of all sums that~the Defendants, JAMES ERSKIrIE and MARGAP.ET ' ERSKINE have received from the rental of their units. The evidence ~ ~ shows that the Defandants, JAt4ES ERSKIN~ and N'.P:RGARET ERSKINE ~ s ~ have rented out their units in violation of ~aid paragraph XI and ~ ~ ~ , e;,c~ 2~ P~c~ 7~ ~ ~ - ~ - - - _ ; ~ : ~ - ~ ~~~W ~ ~ r n ~ ~ ~ , ~ . ~ _ ~ ~ ~ ~ ~ .