Florida Statutes Part I - General Provisions (Ss. 718.101-718.128)

• 718.101 - Short Title.
  This chapter shall be known and may be cited as the “Condominium Act.”History.—s. 1, ch. 76-222.
• 718.102 - Purposes.
  The purpose of this chapter is:(1) To give statutory recognition to the condominium form of ownership of real property.(2) To establish procedures for the creation, sale, and...
• 718.103 - Definitions.
  As used in this chapter, the term:(1) “Assessment” means a share of the funds which are required for the payment of common expenses, which from time...
• 718.1035 - Power Of Attorney; Compliance With Chapter.
  The use of a power of attorney that affects any aspect of the operation of a condominium shall be subject to and in compliance with...
• 718.104 - Creation Of Condominiums; Contents Of Declaration.
  Every condominium created in this state shall be created pursuant to this chapter.(1) A condominium may be created on land owned in fee simple or held...
• 718.1045 - Timeshare Estates; Limitation On Creation.
  No timeshare estates shall be created with respect to any condominium unit except pursuant to provisions in the declaration expressly permitting the creation of such...
• 718.105 - Recording Of Declaration.
  (1) When executed as required by s. 718.104, a declaration together with all exhibits and all amendments is entitled to recordation as an agreement relating to...
• 718.106 - Condominium Parcels; Appurtenances; Possession And Enjoyment.
  (1) A condominium parcel created by the declaration is a separate parcel of real property, even though the condominium is created on a leasehold.(2) There shall pass...
• 718.107 - Restraint Upon Separation And Partition Of Common Elements.
  (1) The undivided share in the common elements which is appurtenant to a unit shall not be separated from it and shall pass with the title...
• 718.108 - Common Elements.
  (1) “Common elements” includes within its meaning the following:(a) The condominium property which is not included within the units.(b) Easements through units for conduits, ducts, plumbing, wiring, and...
• 718.1085 - Certain Regulations Not To Be Retroactively Applied.
  Notwithstanding the provisions of chapter 633 or of any other code, statute, ordinance, administrative rule, or regulation, or any interpretation thereof, an association, condominium, or...
• 718.109 - Legal Description Of Condominium Parcels.
  Following the recording of the declaration, a description of a condominium parcel by the number or other designation by which the unit is identified in...
• 718.110 - Amendment Of Declaration; Correction Of Error Or Omission In Declaration By Circuit Court.
  (1)(a) If the declaration fails to provide a method of amendment, the declaration may be amended as to all matters except those described in subsection (4)...
• 718.111 - The Association.
  (1) CORPORATE ENTITY.—(a) The operation of the condominium shall be by the association, which must be a Florida corporation for profit or a Florida corporation not for...
• 718.112 - Bylaws.
  (1) GENERALLY.—(a) The operation of the association shall be governed by the articles of incorporation if the association is incorporated, and the bylaws of the association, which...
• 718.1124 - Failure To Fill Vacancies On Board Of Administration Sufficient To Constitute A Quorum; Appointment Of Receiver Upon Petition Of Unit Owner.
  (1) If an association fails to fill vacancies on the board of administration sufficient to constitute a quorum in accordance with the bylaws, any unit owner...
• 718.113 - Maintenance; Limitation Upon Improvement; Display Of Flag; Hurricane Shutters And Protection; Display Of Religious Decorations.
  (1) Maintenance of the common elements is the responsibility of the association. The declaration may provide that certain limited common elements shall be maintained by those...
• 718.114 - Association Powers.
  An association may enter into agreements to acquire leaseholds, memberships, and other possessory or use interests in lands or facilities such as country clubs, golf...
• 718.115 - Common Expenses And Common Surplus.
  (1)(a) Common expenses include the expenses of the operation, maintenance, repair, replacement, or protection of the common elements and association property, costs of carrying out the...
• 718.116 - Assessments; Liability; Lien And Priority; Interest; Collection.
  (1)(a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu...
• 718.117 - Termination Of Condominium.
  (1) LEGISLATIVE FINDINGS.—The Legislature finds that condominiums are created as authorized by statute. In circumstances that may create economic waste, areas of disrepair, or obsolescence of...
• 718.118 - Equitable Relief.
  In the event of substantial damage to or destruction of all or a substantial part of the condominium property, and if the property is not...
• 718.119 - Limitation Of Liability.
  (1) The liability of the owner of a unit for common expenses is limited to the amounts for which he or she is assessed for common...
• 718.120 - Separate Taxation Of Condominium Parcels; Survival Of Declaration After Tax Sale; Assessment Of Timeshare Estates.
  (1) Ad valorem taxes, benefit taxes, and special assessments by taxing authorities shall be assessed against the condominium parcels and not upon the condominium property as...
• 718.121 - Liens.
  (1) Subsequent to recording the declaration and while the property remains subject to the declaration, no liens of any nature are valid against the condominium property...
• 718.122 - Unconscionability Of Certain Leases; Rebuttable Presumption.
  (1) A lease pertaining to use by condominium unit owners of recreational or other common facilities, irrespective of the date on which such lease was entered...
• 718.1224 - Prohibition Against Slapp Suits.
  (1) It is the intent of the Legislature to protect the right of condominium unit owners to exercise their rights to instruct their representatives and petition...
• 718.1225 - Federal Condominium And Cooperative Abuse Relief Act Of 1980; Applicability.
  It is the intent of the Legislature that the provisions of Title VI of Pub. L. No. 96-399, other than the exceptions stated in s....
• 718.123 - Right Of Owners To Peaceably Assemble.
  (1) All common elements, common areas, and recreational facilities serving any condominium shall be available to unit owners in the condominium or condominiums served thereby and...
• 718.1232 - Cable Television Service; Resident’s Right To Access Without Extra Charge.
  No resident of any condominium dwelling unit, whether tenant or owner, shall be denied access to any available franchised or licensed cable television service, nor...
• 718.124 - Limitation On Actions By Association.
  The statute of limitations for any actions in law or equity which a condominium association or a cooperative association may have shall not begin to...
• 718.125 - Attorney’s Fees.
  If a contract or lease between a condominium unit owner or association and a developer contains a provision allowing attorney’s fees to the developer, should...
• 718.1255 - Alternative Dispute Resolution; Voluntary Mediation; Mandatory Nonbinding Arbitration; Legislative Findings.
  (1) DEFINITIONS.—As used in this section, the term “dispute” means any disagreement between two or more parties that involves:(a) The authority of the board of directors, under...
• 718.1256 - Condominiums As Residential Property.
  For the purpose of property and casualty insurance risk classification, condominiums shall be classed as residential property.History.—s. 23, ch. 94-350.
• 718.1265 - Association Emergency Powers.
  (1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent...
• 718.127 - Receivership Notification.
  Upon the appointment of a receiver by a court for any reason relating to a condominium association, the court shall direct the receiver to provide...
• 718.128 - Electronic Voting.
  The association may conduct elections and other unit owner votes through an Internet-based online voting system if a unit owner consents, in writing, to online...

Last modified: September 23, 2016