Aquarius Condominium Ass'n v. Markham

GLICKSTEIN, Judge.

This is an appeal by a condominium association from a final judgment entered against it in favor of the Broward County Property Appraiser, granting appellee’s motion for judgment on the pleadings. We reverse and remand.

In Wittington Condominium, Apartments, Inc. v. Braemar Corporation, 313 So.2d 463 (Fla. 4th DCA 1975), this court recognized that for the purpose of a defendant’s motion for judgment on the pleadings well pled allegations in the complaint are taken to be true. Here, the association alleged in its complaint that two lots were common elements. The parties agreed…