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GALLOWAY GLEN HOMES ASS'N v. UMLIC-SIX

No. 97-3128.

717 So.2d 592 (1998)

GALLOWAY GLEN HOMES ASSOCIATION, INC., Appellant, v. UMLIC-SIX CORP., Appellee.

District Court of Appeal of Florida, Third District.

September 9, 1998.

Attorney(s) appearing for the Case

Richard J. Lee, Coral Gables, for appellant.

Moskowitz, Mandell, Salim & Simowitz, and Scott E. Simowitz, and William G. Salim, Jr., Fort Lauderdale, for appellee.

Before NESBITT, JORGENSON and COPE, JJ.

NESBITT, Judge.

A subdivision's homeowner association appeals a determination by way of summary judgment holding that the association's assessment lien for unpaid fees was inferior to the claim of the holder of a property's first mortgage. We reverse.

The subdivision's Declaration of Restrictions, recorded in 1978, provides with respect to subordination of mortgages:

The lien of the assessments provided...

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