518 So. 2d 967 | Fla. Dist. Ct. App. | 1988
Lead Opinion
This case presents the same issue as that considered in Condominium Ass’n of Plaza Towers North, Inc. v. Plaza Recreation Dev. Corp., 514 So.2d 381 (Fla. 3d DCA 1987), and in Golden Glades Club Recreation Corp. v. Association of Golden Glades Condominium Club, Inc., 385 So.2d 103 (Fla. 3d DCA 1980), both of which involve rent escalation clauses in condominium recreation leases and both of which hold that section 718.401(8), Florida Statutes (1985), previously section 711.231, Florida Statutes (1975), which invalidate rent escalation clauses in condominium recreation leases cannot be applied retroactively to invalidate the rent escalation clause at issue here. We affirm on those authorities. We further certify to the Florida supreme court the following question of great public importance:
TO WHAT EXTENT DOES SECTION 718.401(8), FLORIDA STATUTES (1985), APPLY TO RENT ESCALATION CLAUSES ENTERED INTO BEFORE THE EFFECTIVE DATE OF THE STATUTE?
Affirmed.
Dissenting Opinion
dissenting.
I respectfully dissent and would adopt the view of my brother Ferguson, who dissented in Condominium Ass’n of Plaza Towers North, Inc. v. Plaza Recreation Development Corp., 514 So.2d 381 (Fla. 3d DCA 1987).
I join the court in the certified question.
