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developments, there are approximately 2,700 individual lots. These
lots can all be rented by real estate brokers to third parties.
Nettles Island is the larqest of these four developments. If this
condominium was available for rental by real estate brokers in the .
area, it would have a substantial impact on this type of rental in
this area. One real estate broker testified that Nettles Island
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is attractive to real estate brokers because of its size, its com-
pactness, and because the rentals are very saleable items,~and if
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it was open to other br`o'kers in the area, there would be a mad
rush for other.brokers to rent lots in this condominium.
There is no question but that Article XI in the Declara-
tion of Condominium is a restraint of trade, since it qives the
exclusive right to Plaintiff to rent all of the lots in Nettles
~ Island Condominium. However, it must be an unreasonable restraint
of trade to be in violation of public policy, considerinq all of
the circumstances or the reasonableness of the restriction. -
Pensacola Associates v. Bigqs Sporting Goods, 353 So.2d 944 (lst
DCA, 1978).
; Florida Statute 542.12 provides that:
i Every contract by which anyone is restrained '
~ from exercising a lawful profession, trade.or
; business of any kind is to that extent
~ void.
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~ ~he testimony clearly shows that competinq real estate brokers are
~ excluded from the substantial rental market available within the
~ condominium of 1,585 units. Furthermore, testimony shows that the
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~ price foT- brokerage services under Article XI-of the Declaration of ~
~ Condominium, is artificially retained at a hiqh level which would
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~ be substantially reduced should competition be allowed within the
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~ community. To sustain this monopoly for real estate bro~kerage
~ services for 99 years is an unreasonable restraint on free trade
within the condominium community and the surrounding area.
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y Analyzing the provisions of Article XI, it appears on
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~ its face that this provision constitutes an unreasonable restraint
4 of trade for the following reasons:
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~ 1. The Developer has an exclusive riaht to rent for a
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~ period of 99 years, with no provision that the owners can cancel
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