GOLDEN GLADES CLUB RECREATION CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
ASSOCIATION OF GOLDEN GLADES CONDOMINIUM CLUB, INC., A FLORIDA CORPORATION NOT FOR PROFIT, APPELLEE
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The court held that while the statute voided escalation clauses, the summary judgment was overbroad in dismissing all claims for unpaid rent.
[1] A statute voiding escalation clauses in leases, enacted as Section 711.231, Florida Statutes (1975), applies prospectively and is not retroactive.
[2] A lease that incorporates a Condominium Act by reference, including amendments, may be subject to statutory changes affecting its provisions.
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Join FLexlaw to unlock all legal intelligenceA lessor appealed a summary judgment that denied its claim for unpaid rent and granted the lessee's counterclaim, declaring an escalation clause in a …
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PER CURIAM.
Appellant, Golden Glades Club Recreation Corporation (lessor), appeals an adverse summary final judgment entered on behalf of appellee, Association of Golden Glades Condominium Club, Inc. (lessee). The effect of the summary final judgment was to deny the lessor’s entire claim for unpaid rent and grant lessee’s counterclaim for declaratory relief which determined that an escalation clause authorizing adjusted rentals based upon the cost of living index contained in a long term lease executed March 14, 1970 had been voided by the enactment of Section 711.231, Florida Statutes (1975).1 The underlying basis for the declaration of the lessee’s rights was that the long term lease incorporated the Condominium Act, Chapter 711, Florida Statutes (1969) by reference “as it may be amended from time to time.” We affirm on the reasoning and authority of our decision in Kaufman v. Shere, 347 So. 2d 627 (Fla.3d DCA 1977). See also Century Village, Inc. v. Wellington, Inc., 361 So. 2d 128 (Fla.1978).
The summary final judgment dismissed lessor’s claim for all unpaid rent. We observe that Fleeman v. Case, 342 So. 2d 815 (Fla.1976) determined that Section 711.-231, supra, was not retroactive. In Kaufman v. Shere, supra, we determined the cited statute became effective June 5,1975. For these reasons as well as the lessee’s commendable admission that the summary final judgment was overbroad and did not purport to determine the effect of unpaid rent as well as the effect of a release executed between the parties, we partially reverse the summary final judgment which may have foreclosed the parties from presenting testimony and evidence on those issues.
Affirmed in part; reversed in part and remanded.
. Escalation clauses in leases were declared void under Section 711.236 as created by Chapter 75-61, Laws of Florida [codified as Section 711.231, Florida Statutes (1975)]. Currently, Section 718.401(8)(a), Florida Statutes (1979) encompasses the section referring to escalation clauses in leaseholds.
Cases With Similar Vibessemantic neighbors from the corpus
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Steinhardt v. Rudolph, 422 So. 2d 884 (Fla. 3d DCA 1982)…03 So. 2d 1010 (Fla. 4th DCA 1981); Coral Isle East Condominium v. Snyder, 395 So. 2d 1204 (Fla. 3d DCA), pet. for review denied, 407 So. 2d 1105 (Fla.1981); Golden Glades Club Recreation Corp. v. Association of Golden Glades Condominium Club, Inc., 385 So. 2d 103 (Fla. 3d DCA), pet. for rev. denied, 392 So. 2d 1374 ( Fla.1980). Kaufman and its progeny illustrate, once again, the willingness of Florida courts to void onerous terms in such leases in appropriate circumstances. In sum, then, many of these long t…
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Coral Isle E. Condo. & Coral Isle W. Condo. v. Snyder, 395 So. 2d 1204 (Fla. 3d DCA 1981)…ondominium Association, 361 So. 2d 128 (Fla.1978) and Kaufman v. Shere, 347 So. 2d, 627 (Fla.3d DCA 1977), cert. denied, 355 So. 2d 517 (Fla.1978). See also Golden Glades Club Recreation Corp. v. As sociation of Golden Glades Condominium Club, Inc., 385 So. 2d 103 (Fla.3d DCA 1980). In Century Village, supra, the supreme court held that where Section 711.-63(4),1 now Section 718.401(4), is. incorporated by reference as part of the controlling document of the condominium no constitutional question of impairme…
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Ass'n OF Golden Glades Condo. Club, Inc. v. Sec. Mgmt. Corp., 557 So. 2d 1350 (Fla. 1990)…issue as that presented in Condominium Association of Plaza Towers North, Inc. v. Plaza Recreation Development Corp., 514 So. 2d 381 (Fla. 3d DCA 1987), and Golden Glades Club Recreation Corp. v. Association of Golden Glades Condominium Club, Inc., 385 So. 2d 103 (Fla. 3d DCA), review denied, 392 So. 2d 1374 (Fla.1980). Relying on those two decisions, it held that “section 718.401(8), Florida Statutes (1985), previously section 711.231, Florida Statutes (1975), which invalidate[s] rent escalation clauses in…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fleeman v. Clark Case, 342 So. 2d 815 (Fla. 1976)
- Century Vill., Inc. v. Wellington, 361 So. 2d 128 (Fla. 1978)
- Kaufman v. Shere, 347 So. 2d 627 (Fla. 3d DCA 1977)