Council of Unit Owners of Sea Colony East v. Carl M. Freeman Associates, Inc.

MARTIN, Judge.

This is the Court’s decision on defendants’ Carl M. Freeman Associates, Inc., Sea Colony Inc., Sea Colony Development Corporation, Inc., and Sea Colony Management, Inc. (“Freeman defendants”) motion to dismiss the complaint filed by plaintiff Council of Unit Owners of Sea Colony East, Phases VI, VII, IV, III Condominium (“the Council”).

The Freeman defendants’ motion to dismiss is based upon three premises:

1. That the Council does not have capacity to bring this action on behalf of all of the individual Unit Owners, i.e. the Unit Owners are the real parties in interest;

2. That…