Loading...
HomeMy WebLinkAbout0849 and not dividing it with the developer as provided in Article XI. The Defendant additionally contends that the individual lot owners have not had sufficient notice of this lawsuit. How- ever, the president of the Association testified that he posted notice of this lawsuit and announced it at a meetinq of the ~ association. Furthermore, the Association could have mailed notices to all owners if they felt this necessary. _ From the pretrial factual stipulations of the parties, ' ~ the Court initially finds that the Plaintiff may brinq this ` action under Florida law; the Declaration of Condominium was ~ Z properly recorded in the Public Records of St. Lucie County Florida; each member of the Defendant Condominium Association took title to their respective lots subject to the Declaration, , in~luding the language of the above-quoted Article XI; al1 ; owners of lots are members of the Defendant Condominium Associa- ~ tion; and the Defendant is the Condominium Association under the Declaration as recorded. ; This Court further finds that~the Defendant Condominium - i ~ ~ Association adequately represented the interests of all members ; of the class and is the proper party to defend this action on . 4 S g behalf of and involving all condominium unit owners in the sub- 0 ~ ject condominium. Rule 1.220(b~, Florida Rules of Civil Procedure; ~ x Avila South Condominium Association v. Kappa Corporation; 347 So.2d ~ ~ 599 (Fla. 1976); Tenne~r v. Cit~y of Miami Beach, 11 So.2d 188 (Fla. ~ - - ~ 1942); and Harrell v. Hess Oil and Chemical Corporation, 287 So.2d ~ ~ ~ ~ _ ~ 291 (Fla. 1973). _ ~ ~ The second affirmative defense concerning restraint of ~ ~ trade presents a more complicated matter. This condominium con- - - sists of 1,585 units or individual iots, with a potential popula- tion in excess of 3,000 persons. Because of the size of this con- dominium, it could be compared to a small city or community. Near - the Nettles Island Condominium are thre~ ~ther similar areas for • recreational vehicles and small mobile homes. In these three ~ ~ ~ ~ -5- ~ ~ - ~ ~ 3 s.ti ~ ~ ~x, ~ _ ~ 80Cr We~ t'~GE S ~ .