Chianese v. Culley
United States District Court for the Southern District of Florida
397 F. Supp 1344 (1975)

- Written by Laura Julien, JD
Facts
Alice Culley and her husband (defendants) owned a condominium unit in the San Remo Condominium complex in Florida. The Culleys owned the condominium unit in fee simple. Arthur and Rose Chianese (plaintiffs) were under contract to purchase the Culleys’ condominium unit. However, the Culleys refused to close on the sale because the governing condominium association, San Remo, Incorporated (defendant), provided an alternate purchaser pursuant to the declaration of condominium governing the complex. The relevant provision of the declaration of condominium provided that within 60 days of receiving notice of a condominium-unit owner’s notice to sell, San Remo had to either approve the proposed sale of the condominium unit or furnish its own purchaser or lessee to purchase the condominium unit on the same terms as the owner’s proposed sale. The Chianeses filed suit against the Culleys and San Remo, alleging that the provision contained within San Remo’s declaration of condominium constituted illegal restraint against the alienation of property. After the lawsuit was filed, the Culleys attempted to transfer the property to the Chianeses by warranty deed, but San Remo refused to recognize the transaction.
Rule of Law
Issue
Holding and Reasoning (Fulton, C.J.)
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