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owners of lots are members of the Defendant condominium
association; and the Defendant is the condominium association
under the Declaration as recorded.
4. The Defendant condominium association adequately
represents the interest of all members of the class and is
the proper party to defend this action on behalf of and
involving all condominium unit owners in the subject condo-
minium. -
5. The owners of condominium units and members of the
Defendant have in the past and are continuing to rent lots
for their own account, collecting the rental income generated
-thereby, all in violation of paragraph XI of the Declaration
as quoted above. Plaintiff's overall development plan
considered that it would control rental of units not occupied
by the lot owners or their. designated guests. The meaning
and intent of paragraph XI is clear .and simple that, as to
any given unit, unless that unit is being occupied by the
owner or his designated guests then the Plaintiff-developer
can -rent it out and retain 50% of the rental obtained. One
could not qualify as a designated guest of the owner if he
~ pays any charge or fee to the owner for the privilege of
~ occupying the lot. Any such charge or fee would constitute
prohibited rental no matter if the same should be called a
"contribution", "voluntary gift", "reimbursement for lot
expenses", or the like, and would be in clear violation of
paragraph XI of the Declaration. The•past violations and
continued violations of paragraph XI of the Declaration by
the Defendant and the unit owners it represents has caused
and if allowed to continue will cause irreparable harm to
the Plaintiff for which there is no adequate remedy at law.
6. The Plaintiff has at all times material to this
lawsuit administered its rental program in compliance with
Chapter 475 of the Florida Statutes.
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:,r~~K 327 p~c~ 1074
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