Fla. Stat. § 718.101
Short title
This chapter shall be known and may be cited as the “Condominium Act.”
Florida Statutes Chapter 718 — CONDOMINIUMS
Florida · statute · Fla. Stat. ch. 718 · 90 active provisions
Provisions
Fla. Stat. § 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 operation of condominiums.Every condominium created and existing in this state shall be subject to the provisions of this chapter.
Fla. Stat. § 718.103
Definitions
As used in this chapter, the term:(1) “Alternative funding method” means a method approved by the division for funding the capital expenditures and deferred maintenance obligations for a multicondominium association which may reasonably be expected to fully satisfy the association’s reserve funding obligations by the a…
Fla. Stat. § 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 the provisions of this chapter and all condominium documents, association rules and other rules adopted pursuant to this chapter, and all other covenants, conditions, and restrictions in f…
Fla. Stat. § 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 under a lease complying with the provisions of s. 718.401.(2) A condominium is created by recording a declaration in the public records of the county where the land is l…
Fla. Stat. § 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 estates.
Fla. Stat. § 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 the conveyance of land.(2) Graphic descriptions of improvements constituting exhibits to a declaration, when accompanied by the certificate of a surveyor requir…
Fla. Stat. § 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 with a unit, as appurtenances thereto:(a) An undivided share in the common elements and common surplus.(b) The exclusive right to use such portion of the…
Fla. Stat. § 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 to the unit, whether or not separately described.(2) The share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit.(3) The sh…
Fla. Stat. § 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 other facilities for the furnishing of utility services to units and the common elements.(c) An easement of support i…
Fla. Stat. § 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 unit owner is not obligated to retrofit the common elements or units of a residential condominium that meets the definition of “housi…
Fla. Stat. § 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 the declaration, together with the recording data identifying the declaration, shall be a sufficient legal description for all purposes. The description includes all ap…
Fla. Stat. § 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) or subsection (8) if the amendment is approved by the owners of not less than two-thirds of the units. Except as to those matters described in subsection (4) or sub…
Fla. Stat. § 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 profit. However, any association which was in existence on January 1, 1977, need not be incorporated. The owners of units shall be shareholders or membe…
Fla. Stat. § 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 shall be included as exhibits to the recorded declaration. If one association operates more than one condominium, it shall not be necessary…
Fla. Stat. § 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 may give notice of his or her intent to apply to the circuit court within whose jurisdiction the condominium lies for the appointment of a receiver to manage the a…
Fla. Stat. § 718.113
Maintenance; limitation upon improvement; display of flag; hurricane protection; display of religious decorations
(1) Maintenance of the common elements is the responsibility of the association, except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration. The association shall provide for the maintenance, repair, and replacement of the condominium property for which it bears…
Fla. Stat. § 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 courses, marinas, and other recreational facilities, regardless of whether the lands or facilities are contiguous to the lands of the condominium, if such…
Fla. Stat. § 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 powers and duties of the association, and any other expense, whether or not included in the foregoing, designated as common expense by…
Fla. Stat. § 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 of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severally liable with the previous owner for…
Fla. Stat. § 718.117
Termination of condominium
(1) LEGISLATIVE FINDINGS.—The Legislature finds that:(a) Condominiums are created as authorized by statute and are subject to covenants that encumber the land and restrict the use of real property.(b) In some circumstances, the continued enforcement of those covenants may create economic waste and areas of disrepair wh…
Fla. Stat. § 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 repaired, reconstructed, or rebuilt within a reasonable period of time, any unit owner may petition a court for equitable relief, which may include a termination of the condominium a…
Fla. Stat. § 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 expenses from time to time in accordance with this chapter, the declaration, and bylaws.(2) The owner of a unit may be personally liable for the acts or omissions of the association in relat…
Fla. Stat. § 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 a whole. No ad valorem tax, benefit tax, or special assessment, including those made by special districts, drainage districts, or water management…
Fla. Stat. § 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 as a whole except with the unanimous consent of the unit owners. During this period, liens may arise or be created only against individual condominium…
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