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We are a POA in Florida with owners which rent out their RV lots through the Resorts Rental Office. A recent revision of what was a one-page rental agreement has now morphed into a 14-page document with some very disturbing clauses. Owners who do not sign this agreement by a specific date are told that their lots will be taken out of the rental pool and any reservations on their lots moved. Here is the clause which clearly oversteps the first amendment and freedom of speech. One owner did contact a lawyer did not want to handle the issue. Seeking advice from this group and/or name of a law group willing to look at the legality of this ‘contrac’. Here is an excerpt.
c. Non-Disparagement. Owner shall not, at any time during the time and after, make statements or representations, or otherwise communicate, directly or indirect, in writing orally, or otherwise, or take any action which may, directly or indirectly, disparage the Resort, the Board, or any of its officers, directors, employees, advisers or reputation s. Notwithstanding the foregoing, nothing in this
section shall preclude the owner from making truthful statements to the extent,
(A) necessary with respect to any litigation, arbitration or mediation involving this agreement including but not limited to the enforcement of this agreement in thwforum in which such litigation, arbitration or mediation properly takes place or that are required by applicable law, regulation, or legal process.
(B)The owner understands and agrees that violation of this non-disparagement agreement is grounds for termination of this agreement.
d If, at the sole discretion, it is determined by a majority of Board Members, that a Rental Program Owner disparages the Resort and/or its Rental Program, the Resorts Board, or any of its Rental Program members and/ or engages in conduct which is demonstrably and materially injurious to the Resort or any of its Affiliates (monetarily or otherwise).
e. If, at their sole discretion, it is determined by a majority of Board Members, that a Rental Program Owner engages in Harassment of Resort Management or Board of ‘” Directors.
f. If, at their sole discretion, it is determined by a majority of Board Members, that a Rental Program Owner interferes with Resort operations.
Comments? Advice?
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