SEAGATE CONDOMINIUM ASSOCIATION, INC. v. DUFFY

No. 75-77.

330 So.2d 484 (1976)

SEAGATE CONDOMINIUM ASSOCIATION, INC., a Nonprofit Florida Corporation, Appellant, v. William B. DUFFY and Richard G. Duffy, As Executors of the Estate of Alice M. Duffy, Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

April 15, 1976.


Attorney(s) appearing for the Case

Frederick L.R. Hill, Boynton Beach, and Guy C. Hill, West Palm Beach, for appellant.

Manley P. Caldwell, Jr., of Caldwell, Pacetti, Barrow & Salisbury, Palm Beach, for appellees.


OWEN, Judge.

Appellant-condominium association appeals from a final judgment declaring certain restrictions upon the leasing of condominium units, contained in its Declaration of Condominium, invalid as an unlawful restraint on alienation and awarding appellee-unit owners damages for rents lost as a result of the enforcement of these restrictions.

The restrictive provision in question was added to the appellant's Declaration of Condominium, pursuant to the...

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