HomeMy WebLinkAbout0851 . i .
or rescind this 99 year privileqe because of any default by the
developer.
2. The owner has no choice to rent; i.e., the provision
provides thafi in the absence of use by the owner or his desiqnated
guests, the Developer has the exclusive riqht to rent the unit,
just because the lot is not being used by the owner or his desia-
nated guests.
3. The amount of the rent is determi~ed by the Developer
and not the owner. In the usual case, an owner determines the
amount of rent.
4. The Developer has no obligation on his oart to
diligently try to rent the owner's lot. The Developer's only ob-
ligation under Article XI is to undertake an advertisinq proqram
to promote the rental of said units, but there is no provision
setting forth a standard or measurement of the obliqation of the
Developer to advertise. The Developer is not obliqated to advertise
locally or nationally, or to spend a minimum amount of advertisinq
costs each year. This provision is patently unfair and one-sided
in favor of the Developer, since it im~oses no minimum advertisinq
requirements on the part of the Developer. The lot owners have
F absolutely no right to enforce any obliqation by the Developer, .
E
~ even though ~he Developer is the exclusive agent or broker of the
owners to rent all of the units in this development for 99 years
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~ at a 50~ commission rate.
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~ In this condominium, the Developer has sold all of the
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~ lots except two, which he is retaining, and there is absolutely no
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~ reason for this 99 year exclusive rental right by the Developer at
~ the present time, other than to make profit for the Developer. The
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~ exclusive right of rental is not an inteqral necessary part of this
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' condominium and is totally unlike a recreation lease in a condo-
minium, which is an integral necessary part. The Developer claims
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~ that only one rental agent should be allowed in this condominium and
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- that.it is necessary for the Developer to keep track of all of the
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guests and renters in order to maintain the quality of this con-
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~ dominium. Hpwever, testimony shows~that the Association has its
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