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HomeMy WebLinkAbout1356 ~ ~ . . a person would buy a pad at the camping resort and get fee simple title to it, together with an undivided interest in the common elements of the camp. Included in the declaration of condominium was Article XI providing as follows: PROVISIONS RELATING TO SALE OR _ ~ RENTAL OF CONDOMINIUM UNITS E No restrictions are placed herein as far as } selling any condominium unit. The developer, however, shall have for a period of ninety- nine (99) years from the date of this Declaration the exclusive right, in the- absence of use by the Owner or his designated guest, to rent lots which are a part of the Declaration at scheduled rates promulgated from time to time by the Developer. The Developer shall retain for its services 50$ of the gross amount of the rental collected on any lot with the remaining 50$ reserved ~ for the benefit of the~lot owner. As partial consideration for the aforesaid, the ) Developer shall undertake an advertising pro- gram to promote she rental of said. units, both those units owned by the Developer and those units sold and in private ownership. This exclusive right of the Developer to rent lots which are a part of the Declaration shall be binding on each member, his successors and assigns, and shall constitute a covenant I running with the land of each condominium unit. The quoted wording employed in the declaration is not without legal significance inasmuch as it has obviously been especially chosen in response to a decision out of this court six dears ago, which held that such wording was not an unreasonable restraint on alienation. See Holiday Out in America at St. Lucie, Inc. v. Bowel. 285 So.2d 63 (Fla. 4th DCA 1973). No doubt the Holiday Out decision explains why the lot owners did not allege an unreasonable restraint.on alienation in this case. Thus there is no occasion for us to revisit Holiday Out for that issue is not now befbre us. Nor do the ~ affirmative defenses suggest the~prbvision is unconscionable i under Section 718.302(2), Florida Statutes (1977). In fact - ~ -2- eo~326 P~E1354 ~ .