HomeMy WebLinkAbout1976 ' ..~w~ .
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Inc. trould be the manager of aI1 three condominium developments..
The_real property which is to become part of Phase III 13es ad-
jaceat to Phases I aad II, and the Defendants planned and de- ~ -
velooed the real.paoper~y so that there would be management by
- the Association for all three .phases: ~
- - Plaintiff contend that Defendants must build the
condoainiua apartment buildings in Phase III in the same e=act -
style and size of apartments that ezist in the condominiua apart-
ment buildings in Phases I and II. Specifically, the Plaintiffs-
coatend that the roof design in Fhase III- must be the same as is
Phases I and II; that there must be a separate utility room for
-washers and dryers and that the washers and dryers must not be
located in each separate apartment as proposed by the Defendant;
and that each apartment in Phase'III must be at least the same
size as in Phases I aad II. Plaintiffs contend that when they -
purchased their apartments, the Defendant represenited that Phase _ _
III development would be the same as Fhases I and II. '
Defendants contend that Phases Z, II and III are three -
separate condominiums, tied together only with common management
by one-Association. That Plaintiffs will not suffer any irrepar-
able harm by .the development of Phase III, and that even if there
was irreparafile harm to Plaintiffs by the contemplated changes _
in Phase III, there exist good reasons why the changes should be
permitted.
- At the time one of the individual Plaintiffs purchased
her apartment, she was given by the Defendants a brochure (P-3)
which shows an artistes rendition of all of the completed buildings
in all three phases of the development, and which shows five floor
plane and two building styles, and a drawing showing that. the four
buildings in Phase III were each_three stories. The completed
three story buildings in Phases I and II contain eighteen apart-
ment units with sin units-on each floor. In Phase III, Defendants
are proposing to build .two story apartment buildings with nime
units on two floors, so the total number of apartment uaits_in the
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