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BANK ONE v. SUNSHINE MEADOWS CONDO. INC.

No. 80233.

641 So.2d 1333 (1994)

BANK ONE, DAYTON, N.A., etc., Petitioner, v. SUNSHINE MEADOWS CONDOMINIUM ASSOCIATION, INC., et al., Respondents.

Supreme Court of Florida.

September 8, 1994.

Attorney(s) appearing for the Case

Daniel S. Rosenbaum of Becker & Poliakoff, P.A., West Palm Beach, for petitioner.

George P. Ord of Alley, Maass, Rogers & Lindsay, P.A., Palm Beach, and Peter A. Sachs and Mark B. Kleinfeld of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for respondents.

HARDING, Justice.

We have for review Sunshine Meadows Condominium Association, Inc. v. Bank One, Dayton, N.A., 599 So.2d 1004, 1007-08 (Fla. 4th DCA 1992), in which the Fourth District Court of Appeal certified the following question as one of great public importance:

MAY A LENDER WHO CONSENTS TO THE ADDITION OF PROPERTY COVERED BY ITS MORTGAGE AS A CONDOMINIUM COMMON ELEMENT IN A PHASED CONDOMINIUM FORECLOSE ITS...

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