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ISLAND MANOR APTS. v. DIV. OF LAND SALES

No. 87-324.

515 So.2d 1327 (1987)

ISLAND MANOR APARTMENTS OF MARCO ISLAND, INC., Appellant, v. DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, and Paul Duika, Appellees.

District Court of Appeal of Florida, Second District.

November 18, 1987.

Attorney(s) appearing for the Case

Donald G. Childs of Scuderi and Childs, Marco Island, for appellant.

Robin H. Conner, Staff Atty., Dept. of Business Regulation, Tallahassee, for appellee Div. of Florida Land Sales, Condominiums and Mobile Homes.

John M. Swalm III of Forsyth, Swalm and Brugger, P.A., Naples, for appellee Paul Duika.

LEHAN, Judge.

A condominium association which was created by the filing of its declaration of condominium in 1972, appeals from a declaratory statement of the Division of Florida Land Sales, Condominiums and Mobile Homes, that section 718.115(2), Florida Statutes (1985), which became effective January 1, 1977, is applicable to the condominium units represented by the Association. Section 718.115(2) provides:

Funds for the payment of common expenses shall...

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