Greenbriar Condominium Apartments II Ass'n v. Koch

LEHAN, Judge.

Ten condominium associations and two cooperative associations filed suit for a declaration that rent escalation clauses (keyed to changes in the Department of Labor cost of living index) in their ground leases be declared invalid pursuant to section 718.-401(8)(a), Florida Statutes (1983), as to the condominium associations and section 719.-401(8) as to the cooperative associations. Those statutes, which provide that such escalation clauses are against public policy, were enacted in 1975 after these condominiums and cooperative associations were established and the escalation…