Acquisition Corp. of America v. Markborough Properties Ltd.

ON REHEARING

GARRETT, Judge.

We grant appellants’ motion for rehearing and substitute the following for our September 12, 1990 opinion;

Appellants seek review of the trial court’s granting of appellees’ motions for summary judgment.

In 1979 appellees Markborough Properties and Markborough Florida (Markbor-ough) began development of Boca Pointe, a planned unit development (PUD) in southeast Palm Beach County. Markborough formed appellee Boca Pointe Community Association, Inc. (Association) to operate the project during the development phase. In 1981 Markborough recorded the Decía-*1351ration of…