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ASS'N OF GOLDEN GLADES, CONDO. CLUB, INC. v. GOLDEN GLADES CLUB RECREATION CORP.

No. 81-1692.

441 So.2d 154 (1983)

ASSOCIATION OF GOLDEN GLADES, CONDOMINIUM CLUB, INC., Appellant, v. GOLDEN GLADES CLUB RECREATION CORP., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

On Rehearing November 29, 1983.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Ivan S. Benjamin, Miami, for appellant.

Cypen & Cypen, Buchbinder & Elegant, Miami, for appellee.

Before NESBITT, BASKIN and FERGUSON, JJ.

PER CURIAM.

Section 718.401(8), Florida Statutes (1981), which prohibits rental escalation clauses in leases for condominium recreational facilities does not apply to prohibit enforcement of such clauses in contracts which antedate the statute. Fleeman v. Case, 342 So.2d 815 (Fla. 1976).1

Affirmed.

ON MOTION FOR REHEARING

Before SCHWARTZ, C.J.,*

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