HomeMy WebLinkAbout0847 trade, and creates or maintains a monopoly in real estate brokers
trade, all to the injury of the unit owners and to competing real
estate brokers.
These two afftrmative defenses are the issues in this
case.
Outdoor Resorts at Nettles Island, Inc., a condominium,
in its Declaration of Condominium, states as follows:
ARTICLE XI
PROVISIONS RELATING TO SALE OR .
RENTAL OF CONDOMINIUM UNITS ;
No rest~rictions are placed herein as far as ~
sellinq any condominium unit. The developer,
however, shall have for a period of ninety-
nine (99) years from the date of this Declara- :
tion, 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 bene-
fit of the lot owner. As partial consideration
for the aforesaid, the Developer shall under-
take an advertising. proqram to promote the
rental of said units, both those units owned
by the Developer and those units sold and in
; private ownership.
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` ~ This exclusive right of the Developer to rent
; lots which are a part of the Declaration shall
be bindinq on each member, his successors and
~ assigns, and shall constitute a covenant run-
; ning with the land of each condominium un_it.
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~ In regard to the first affirmative defense, as to
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~ whether this is a proper class action, this is governed by Rule
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1.22A(B), which provides that an action by a condominium associa-
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~ tion can be instituted and maintained in the Association's name
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~ on behalf of all unit owners concernina matters of common interest.
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s It further provides that if the Association has the authority to
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- maintain a class action under this section, the Association may
be joined in an action as representative of that class with re-
y ference to litigation and disputes involvinq the matters for which
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the Association could bring a class action under this section.
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~ In other words, if it is a suit of common interest to the unit
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