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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR SAINT LUCIE COUNTY,
FLORIDA.
CASE NO. 78-246-CA
OUTDOOR RESORTS OF Ar1ERICA,
INC., a Tennessee corporation,
Plaintiff,
vs.
OUTDOOR RESORTS AT NETTLES
ISLAND, INC., et al.,
Defendants.
ORDER ON PRE-TRIAL CONFERENCE
Pre-Trial Conference having been held in this case on January 24,
1979, it is
ORDERED AND ADJUDGED that:
1. Stipulations and Admissions were made as follows:
(1) Nature of Action: Plaintiff is developer of recreational
vehicle resort condominium known as OUTDOOR RESORTS OF
AMERICA AT NETTLES ISLAND, and Defendant is Condominium
Association. This is a law suit by the Plaintiff to
enjoin all members of the Condominium Association from
illegally renting their lots in violation of the De-
claration of Condominium and to obtain a ruling from
the Court that Plaintiff is the only entity that can
rent the lots.
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(2) The Plaintiff's case is that Article XI of the Declaration
provides that in the absence of the use of a lot by the
owner, the Plaintiff has the exclusive right to rent the
lot, paying 50$ of the rental to the owner and keeping
50$. The Plaintiff will show that certain members of
the Condominium Association are renting lots for their
own account and keeping all of the rental income in
violation of the Declaration.
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The Defendant's case is that the Condominium Association
maintains that if, in fact, unit owners are violating
3 the provisions of the Declaration of Condominium relating
to renting, then the proper cause of action should be
against those individuals and not against the Condo-
minium Association. The Association maintains that to
make it and unit owners who are not violating the "ex-
clusive rental provisions" of the Declaration of Condo-
; minium parties to this action is in violation of Rule
1.220, Florida Rules of Civil Procedure, and is an
7 improper class action. Defendant further maintains that
even if it and all the unit owners were proper parties
to this action, the Declaration of Condominium relating
to rental is unenforceable in violation of law as it
restrains trade in the availability of real estate
brokerage services.
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