LIMNER v. COUNTRY PINES CONDOMINIUM ASSOCIATION, INC.

No. 97-2489.

709 So.2d 154 (1998)

Nancy V. LIMNER, Appellant, v. COUNTRY PINES CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied May 11, 1998.


Attorney(s) appearing for the Case

Fred J. Ward of Fred J. Ward, P.A., Dania, for appellant.

Deborah S. Sugarman of Law Offices of Kaye & Roger, P.A., Fort Lauderdale, for appellee.


PER CURIAM.

We hold that section 718.116, Florida Statutes (1993), limits the mortgagee's liability in this case to the lesser of six months of unpaid assessments or one per cent of the original mortgage debt. The amendment to the statute does not apply to this lawsuit, which was filed before its effective date. There is nothing in the statute to indicate that it does not apply to a former unit owner who has taken back a first mortgage as part of a sale of a unit...

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