CONDOMINIUM ASSOCIATION OF PLAZA TOWERS NORTH, INC., PETITIONER,
v.
PLAZA RECREATION DEVELOPMENT CORP., RESPONDENT
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The Florida Supreme Court reviewed a prior decision by the Third District Court of Appeal regarding the enforceability of an escalation clause in a recreation lease entered into before a specific statute's effective date.
The Florida Supreme Court approved the Third District Court of Appeal's decision, holding that the escalation clause in the recreation lease was valid and enforceable.
The Third District Court of Appeal had previously held that an escalation clause in a recreation lease, entered into prior to the effective date of se…
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OVERTON, Justice.
We have for review Condominium Association of Plaza Towers North v. Plaza Recreation Development Corp., 514 So. 2d 381 (Fla. 3d DCA 1987), in which the Third District Court of Appeal held that an escalation clause in a recreation lease entered into prior to the effective date of section 711.231, Florida Statutes (1975),* was still enforceable. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the Third District Court of Appeal’s decision.
The Third District Court of Appeal relied on its decision in the instant case in rendering its opinion in Association of Golden Glades Condominium Club, Inc. v. Secur ity Management Corp., 518 So. 2d 967 (Fla. 3d DCA 1988), in which it certified the identical issue to this Court as one of great public importance. For the reasons we expressed in Association of Golden Glades Condominium Club, Inc. v. Security Management Corp., 557 So. 2d 1350 (Fla.1990), which is being released simultaneously with this opinion, we hold that the escalation clause in the instant case is valid and enforceable.
Accordingly, we approve the Third District Court of Appeal’s decision in this case.
It is so ordered.
EHRLICH, C.J., and McDONALD, GRIMES and KOGAN, JJ., concur. SHAW and BARKETT, JJ., concur in result only.
*
This statute was renumbered as section 718.4015 in 1988 and has been amended since 1975. For a review of the history of this statute, see Association of Golden Glades Condominium Club, Inc. v. Security Management Corp., 557 So. 2d 1350 (Fla.1990).
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SKY Lake Gardens Rec., Inc. v. SKY Lake Gardens NOS. 1, 574 So. 2d 1135 (Fla. 3d DCA 1991)…ts into one instrument or establish the contractual intent that the lease itself be bound by revisions to the condominium law. Condominium Ass’n of Plaza Towers North, Inc. v. Plaza Recreation Dev. Corp., 514 So. 2d 381 (Fla. 3d DCA 1987), approved, 557 So. 2d 1356 (Fla.1990). Such a drastic result as voiding specific lease rental provisions should only be accomplished by clearly expressed lease terms which expressly adopt the Condominium Act, as amended. Id. at 382. Therefore, in the instant dispute, the tri…
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Maison Grande Condo. Ass'n, Inc. v. Dorten, Inc., 600 So. 2d 463 (Fla. 1992)…which we held that the retroactive application of the predecessor to section 718.4015 would violate the contracts clause of the Florida and federal constitutions. See also Condominium Ass’n of Plaza Towers North, Inc. v. Plaza Recreation Dev. Corp., 557 So. 2d 1356 (Fla.1990); Association of Golden Glades Condominium Club, Inc. v. Security Management Corp., 557 So. 2d 1350 (Fla.1990); Cove Club Investors, Ltd. v. Sandalfoot South One, Inc., 438 So. 2d 354 (Fla.1983). Accordingly, we must answer the certified…
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Beeman v. Island Breakers, 577 So. 2d 1341 (Fla. 3d DCA 1991)…s to impair the obligation of contract with respect to the previously entered into lease. In so arguing they rely on Condominium Association of Plaza Towers North, Inc. v. Plaza Recreation Development Corp., 514 So. 2d 381 (Fla. 3d DCA 1987), aff'd, 557 So. 2d 1356 (Fla.1990). The Beemans’ argument is misplaced. Florida law recognizes at least two distinct avenues to challenge a condominium recreation lease containing an escalator clause. First, Florida allows a challenge to be brought on the ground that the…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Condo. Ass'n OF Plaza Towers N., Inc. v. Plaza Rec. Dev. Corp., 514 So. 2d 381 (Fla. 3d DCA 1987)
- Ass'n OF Golden Glades Condo. Club, Inc. v. Sec. Mgmt. Corp., 557 So. 2d 1350 (Fla. 1990)
- Ass'n OF Golden Glades Condo. Club v. Sec. Mgmt. Corp., 518 So. 2d 967 (Fla. 3d DCA 1988)
- Se. Bank, N.A. v. Serignese, 518 So. 2d 967 (Fla. 3d DCA 1988)