GREENBRIAR CONDO. APARTMENTS II ASS'N v. KOCH

No. 85-263.

480 So.2d 131 (1985)

GREENBRIAR CONDOMINIUM APARTMENTS II ASSOCIATION, INC., Greenbriar Condominium Apartments III Association, Inc., Imperial Park Apartments II, Inc., Greenbriar Condominium Apartments I Association, Inc., Bay Palms Condominium Association, Inc., Imperial Court Condominium Association I, Inc., Imperial Court Condominium Association II, Inc., Imperial Court Condominium Association III, Inc., Imperial Court Condominium Association IV, Inc., Imperial Court Condominium Association V, Inc., Imperial Park Condominium Association, Inc., and Imperial Park Apartments One, Inc., Appellants, v. Carl E. KOCH, Paula Koch, John Joseph Koch, and Carolyn Baumberger, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 3, 1986.


Attorney(s) appearing for the Case

James A. Devito and David S. Maglich of Devito, Colen & Cushman, St. Petersburg, for appellants.

Hywel Leonard of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellees.


LEHAN, Judge.

Ten condominium associations and two cooperative associations filed suit for a declaration that rent escalation clauses (keyed to changes in the Department of Labor cost of living index) in their ground leases be declared invalid pursuant to section 718.401(8)(a), Florida Statutes (1983), as to the condominium associations and section 719.401(8) as to the cooperative associations. Those statutes, which provide that such escalation clauses are against...

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