Melissa and Garry Rustnik purchased a condominium at Gardens Edge in South Beach, Florida. Under the condo agreement, Melissa and Garry had to pay a monthly condo fee for common areas. Next to the condos is a golf club. In the condo agreement, it specifi cally stated that “Th e Golf Club is privately owned is not considered part of the owner’s monthly common area fee charged by the Condo Association.” All owners of a Gardens Edge condo will automatically become members of the Golf Club. Th e monthly fee is $200, which is paid directly to the Golf Club by the condo owner. After Melissa and Garry had been owners of their condo for three years, they received a letter from the Golf Club increasing the monthly fee to $250 and adding an appreciation fee of $25 monthly for non-food staff . Melissa and Gary never used the facility and refused to pay the new fees. Th e Golf Club claims that if the Rustniks do not pay, they will place a lien against their condominium. Th e Rustniks do not have a direct contractual relationship with the Golf Club. Discuss the issues that the parties could raise in a legal action.
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