718.101 – Short title.
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.
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. History.—s. 1, ch. 76-222.
718.103 – Definitions.
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 to time is assessed against the unit owner. (2) “Association” means, in addition to any entity responsible for the operation of common elements owned in undivided shares by unit owners, […]
718.1035 – Power of attorney; compliance with chapter.
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 […]
718.104 – Creation of condominiums; contents of declaration.
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 […]
718.1045 – Timeshare estates; limitation on creation.
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. History.—s. 3, ch. 78-328.
718.105 – Recording of declaration.
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 required by s. 718.104, may be […]
718.106 – Condominium parcels; appurtenances; possession and enjoyment.
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 […]
718.107 – Restraint upon separation and partition of common elements.
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 […]
718.108 – Common elements.
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 in every portion of a unit which contributes […]
718.1085 – Certain regulations not to be retroactively applied.
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 “housing for older […]
718.109 – Legal description of condominium parcels.
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 appurtenances to the […]
718.110 – Amendment of declaration; correction of error or omission in declaration by circuit court.
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 […]
718.111 – The association.
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 members of the […]
718.112 – Bylaws.
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 to rerecord the same articles of […]
718.1124 – Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner.
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 […]
718.113 – Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; display of religious decorations.
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 entitled to use the limited common elements or that the association shall provide the maintenance, […]
718.114 – Association powers.
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 lands and facilities are intended to […]
718.115 – Common expenses and common surplus.
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 this chapter, the […]
718.116 – Assessments; liability; lien and priority; interest; collection.
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 […]