THE CONDOMINIUM ACT
ER 718FLORIDA STATUTESTHE CONDOMINIUM ACTDivision of FloridaCondominiums,Timeshares,AndMobile HomesNorthwood Centre1940 North Monroe StreetTallahassee, Florida32399-1030Includes laws enacted through the 2015 Legislative Session
NOTICE TO RECIPIENTChapter 718 of the Florida Statutes, also known as The Condominium Act, is achapter of law that governs condominiums in the State of Florida. TheCondominium Act should be read in conjunction with Chapters 61B-15 through25, 45 and 50, Florida Administrative Code. The administrative rules arepromulgated by the Division of Florida Condominiums, Timeshares, andMobile Homes to interpret, enforce, and implement Chapter 718, FloridaStatutes.Division of Florida Condominiums, Timeshares, and Mobile HomesNorthwood Centre1940 North Monroe StreetTallahassee, FL 32399-1030(850) 488-1122(800) 226-9101This publication was undertaken expressly for the convenience of those whofrequently refer to The Condominium Act, and is not in any way intended to bean official published version of the law.Editor's note: To aid the user of this booklet, the references in the upper left hand corner on eachpage are to the first section or subsection on that page, while the references in the upper right handcorner on each page are to the last section or subsection shown on that page.
F.S. 2015CONDOMINIUMSCh. 718CHAPTER 718CONDOMINIUMSPART I GENERAL PROVISIONS (ss. 718.101-718.128)PART II RIGHTS AND OBLIGATIONS OF DEVELOPERS (ss. 718.202, 718.203)PART III RIGHTS AND OBLIGATIONS OF ASSOCIATION (ss. 718.301-718.303)PART IV SPECIAL TYPES OF CONDOMINIUMS (ss. 718.401-718.406)PART VREGULATION AND DISCLOSURE PRIOR TO SALE OF RESIDENTIAL CONDOMINIUMS (ss.718.501-718.509)PART VI CONVERSIONS TO CONDOMINIUM (ss. 718.604-718.622)PART VII DISTRESSED CONDOMINIUM RELIEF (ss. 718.701-718.708)718.120PART IGENERAL .116718.117718.118718.119718.121718.122Short title.Purposes.Definitions.Power of attorney; compliance with chapter.Creation of condominiums; contents ofdeclaration.Timeshare estates; limitation on creation.Recording of declaration.Condominium parcels; appurtenances;possession and enjoyment.Restraint upon separation and partition ofcommon elements.Common elements.Certain regulations not to be retroactivelyapplied.Legal description of condominium parcels.Amendment of declaration; correction oferror or omission in declaration by circuitcourt.The association.Bylaws.Failure to fill vacancies on board of administration sufficient to constitute a quorum;appointment of receiver upon petition ofunit owner.Maintenance; limitation upon improvement;display of flag; hurricane shutters andprotection; display of religious decorations.Association powers.Common expenses and common surplus.Assessments; liability; lien and priority;interest; collection.Termination of condominium.Equitable relief.Limitation of e taxation of condominium parcels;survival of declaration after tax sale;assessment of timeshare estates.Liens.Unconscionability of certain leases; rebuttable presumption.Prohibition against SLAPP suits.Federal Condominium and CooperativeAbuse Relief Act of 1980; applicability.Right of owners to peaceably assemble.Cable television service; resident’s right toaccess without extra charge.Limitation on actions by association.Attorney’s fees.Alternative dispute resolution; voluntarymediation; mandatory nonbinding arbitration; legislative findings.Condominiums as residential property.Association emergency powers.Receivership notification.Electronic voting.718.101 Short title.—This chapter shall be knownand may be cited as the “Condominium Act.”History.—s. 1, ch. 76-222.718.102 Purposes.—The purpose of this chapteris:(1) To give statutory recognition to the condominiumform of ownership of real property.(2) To establish procedures for the creation, sale,and operation of condominiums.Every condominium created and existing in this stateshall be subject to the provisions of this chapter.History.—s. 1, ch. 76-222.718.103 Definitions.—As used in this chapter, theterm:(1) “Assessment” means a share of the funds whichare required for the payment of common expenses,which from time to time is assessed against the unitowner.1
Ch. 718CONDOMINIUMSF.S. 2015(16) “Developer” means a person who creates acondominium or offers condominium parcels for sale orlease in the ordinary course of business, but does notinclude:(a) An owner or lessee of a condominium orcooperative unit who has acquired the unit for his orher own occupancy;(b) A cooperative association that creates a condominium by conversion of an existing residential cooperative after control of the association has beentransferred to the unit owners if, following the conversion, the unit owners are the same persons who wereunit owners of the cooperative and no units are offeredfor sale or lease to the public as part of the plan ofconversion;(c) A bulk assignee or bulk buyer as defined in s.718.703; or(d) A state, county, or municipal entity acting as alessor and not otherwise named as a developer in thedeclaration of condominium.(17) “Division” means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation.(18) “Land” means the surface of a legally describedparcel of real property and includes, unless otherwisespecified in the declaration and whether separate fromor including such surface, airspace lying above andsubterranean space lying below such surface. However,if so defined in the declaration, the term “land” maymean all or any portion of the airspace or subterraneanspace between two legally identifiable elevations andmay exclude the surface of a parcel of real property andmay mean any combination of the foregoing, whether ornot contiguous, or may mean a condominium unit.(19) “Limited common elements” means those common elements which are reserved for the use of acertain unit or units to the exclusion of all other units, asspecified in the declaration.(20) “Multicondominium” means a real estate development containing two or more condominiums, all ofwhich are operated by the same association.(21) “Operation” or “operation of the condominium”includes the administration and management of thecondominium property.(22) “Rental agreement” means any written agreement, or oral agreement if for less duration than 1 year,providing for use and occupancy of premises.(23) “Residential condominium” means a condominium consisting of two or more units, any of which areintended for use as a private temporary or permanentresidence, except that a condominium is not a residential condominium if the use for which the units areintended is primarily commercial or industrial and notmore than three units are intended to be used for privateresidence, and are intended to be used as housing formaintenance, managerial, janitorial, or other operationalstaff of the condominium. With respect to a condominium that is not a timeshare condominium, a residentialunit includes a unit intended as a private temporary orpermanent residence as well as a unit not intended forcommercial or industrial use. With respect to a timeshare condominium, the timeshare instrument as defined in s. 721.05(35) shall govern the intended use of(2) “Association” means, in addition to any entityresponsible for the operation of common elementsowned in undivided shares by unit owners, any entitywhich operates or maintains other real property in whichunit owners have use rights, where membership in theentity is composed exclusively of unit owners or theirelected or appointed representatives and is a requiredcondition of unit ownership.(3) “Association property” means that property, realand personal, which is owned or leased by, or isdedicated by a recorded plat to, the association forthe use and benefit of its members.(4) “Board of administration” or “board” means theboard of directors or other representative body which isresponsible for administration of the association.(5) “Buyer” means a person who purchases acondominium unit. The term “purchaser” may be usedinterchangeably with the term “buyer.”(6) “Bylaws” means the bylaws of the association asthey are amended from time to time.(7) “Committee” means a group of board members,unit owners, or board members and unit ownersappointed by the board or a member of the board tomake recommendations to the board regarding theproposed annual budget or to take action on behalf ofthe board.(8) “Common elements” means the portions of thecondominium property not included in the units.(9) “Common expenses” means all expenses properly incurred by the association in the performance of itsduties, including expenses specified in s. 718.115.(10) “Common surplus” means the amount of allreceipts or revenues, including assessments, rents, orprofits, collected by a condominium association whichexceeds common expenses.(11) “Condominium” means that form of ownership ofreal property created pursuant to this chapter, which iscomprised entirely of units that may be owned by one ormore persons, and in which there is, appurtenant toeach unit, an undivided share in common elements.(12) “Condominium parcel” means a unit, togetherwith the undivided share in the common elementsappurtenant to the unit.(13) “Condominium property” means the lands, leaseholds, and personal property that are subjected tocondominium ownership, whether or not contiguous,and all improvements thereon and all easements andrights appurtenant thereto intended for use in connection with the condominium.(14) “Conspicuous type” means bold type in capitalletters no smaller than the largest type, exclusive ofheadings, on the page on which it appears and, in allcases, at least 10-point type. Where conspicuous typeis required, it must be separated on all sides from othertype and print. Conspicuous type may be used in acontract for purchase and sale of a unit, a lease of a unitfor more than 5 years, or a prospectus or offeringcircular only where required by law.(15) “Declaration” or “declaration of condominium”means the instrument or instruments by which acondominium is created, as they are from time to timeamended.2
F.S. 2015CONDOMINIUMSCh. 718the land is located, executed and acknowledged withthe requirements for a deed. All persons who haverecord title to the interest in the land being submitted tocondominium ownership, or their lawfully authorizedagents, must join in the execution of the declaration.Upon the recording of the declaration, or an amendmentadding a phase to the condominium under s.718.403(6), all units described in the declaration orphase amendment as being located in or on the landthen being submitted to condominium ownership shallcome into existence, regardless of the state of completion of planned improvements in which the units may belocated or any other requirement or description that adeclaration may provide. Upon recording the declaration of condominium pursuant to this section, thedeveloper shall file the recording information with thedivision within 120 calendar days on a form prescribedby the division.(3) All persons who have any record interest in anymortgage encumbering the interest in the land beingsubmitted to condominium ownership must either join inthe execution of the declaration or execute, with therequirements for deed, and record, a consent to thedeclaration or an agreement subordinating their mortgage interest to the declaration.(4) The declaration must contain or provide for thefollowing matters:(a) A statement submitting the property to condominium ownership.(b) The name by which the condominium property isto be identified, which shall include the word “condominium” or be followed by the words “a condominium.”(c) The legal description of the land and, if aleasehold estate is submitted to condominium, anidentification of the lease.(d) An identification of each unit by letter, name, ornumber, or combination thereof, so that no unit bearsthe same designation as any other unit.(e) A survey of the land which meets the standardsof practice established by the Board of ProfessionalSurveyors and Mappers, pursuant to s. 472.027, and agraphic description of the improvements in which unitsare located and a plot plan thereof that, together with thedeclaration, are in sufficient detail to identify thecommon elements and each unit and their relativelocations and approximate dimensions. Failure of thesurvey to meet the standards of practice does notinvalidate an otherwise validly created condominium.The survey, graphic description, and plot plan may be inthe form of exhibits consisting of building plans, floorplans, maps, surveys, or sketches. If the construction ofthe condominium is not substantially completed, thereshall be a statement to that effect, and, upon substantialcompletion of construction, the developer or the association shall amend the declaration to include thecertificate described below. The amendment may beaccomplished by referring to the recording data of asurvey of the condominium that complies with thecertificate. A certificate of a surveyor and mapperauthorized to practice in this state shall be included inor attached to the declaration or the survey or graphicdescription as recorded under s. 718.105 that theconstruction of the improvements is substantiallyeach unit in the condominium. If a condominium is aresidential condominium but contains units intended tobe used for commercial or industrial purposes, then,with respect to those units which are not intended for orused as private residences, the condominium is not aresidential condominium. A condominium which contains both commercial and residential units is a mixeduse condominium and is subject to the requirements ofs. 718.404.(24) “Special assessment” means any assessmentlevied against a unit owner other than the assessmentrequired by a budget adopted annually.(25) “Timeshare estate” means any interest in a unitunder which the exclusive right of use, possession, oroccupancy of the unit circulates among the variouspurchasers of a timeshare plan pursuant to chapter 721on a recurring basis for a period of time.(26) “Timeshare unit” means a unit in which timeshare estates have been created.(27) “Unit” means a part of the condominium propertywhich is subject to exclusive ownership. A unit may be inimprovements, land, or land and improvements together, as specified in the declaration.(28) “Unit owner” or “owner of a unit” means a recordowner of legal title to a condominium parcel.(29) “Voting certificate” means a document whichdesignates one of the record title owners, or thecorporate, partnership, or entity representative, who isauthorized to vote on behalf of a condominium unit thatis owned by more than one owner or by any entity.(30) “Voting interests” means the voting rights distributed to the association members pursuant to s.718.104(4)(j). In a multicondominium association, thevoting interests of the association are the voting rightsdistributed to the unit owners in all condominiumsoperated by the association. On matters related to aspecific condominium in a multicondominium association, the voting interests of the condominium are thevoting rights distributed to the unit owners in thatcondominium.History.—s. 1, ch. 76-222; s. 1, ch. 78-328; s. 2, ch. 80-3; s. 6, ch. 80-323; s. 1,ch. 84-368; s. 45, ch. 85-62; s. 1, ch. 90-151; s. 1, ch. 91-103; s. 5, ch. 91-426; s. 1,ch. 92-49; s. 34, ch. 95-274; s. 850, ch. 97-102; s. 1, ch. 98-322; s. 73, ch. 99-3; s.48, ch. 2000-302; s. 19, ch. 2001-64; s. 34, ch. 2004-279; s. 12, ch. 2004-353; s. 3,ch. 2007-80; s. 45, ch. 2008-240; s. 7, ch. 2010-174.718.1035 Power of attorney; compliance withchapter.—The use of a power of attorney that affectsany aspect of the operation of a condominium shall besubject to and in compliance with the provisions of thischapter and all condominium documents, associationrules and other rules adopted pursuant to this chapter,and all other covenants, conditions, and restrictions inforce at the time of the execution of the power ofattorney.History.—s. 4, ch. 86-175.718.104 Creation of condominiums; contents ofdeclaration.—Every condominium created in this stateshall be created pursuant to this chapter.(1) A condominium may be created on land ownedin fee simple or held under a lease complying with theprovisions of s. 718.401.(2) A condominium is created by recording adeclaration in the public records of the county where3
Ch. 718CONDOMINIUMSF.S. 2015percentage shares of liability for the common expensesof the association and of ownership of the commonsurplus of the association to be allocated to the units ineach condominium to be operated by the association. Ifa declaration recorded on or after July 1, 2000, for acondominium operated by a multicondominium association as originally recorded fails to so provide, theshare of liability for the common expenses of theassociation and of ownership of the common surplusof the association allocated to each unit in eachcondominium operated by the association shall be afraction of the whole, the numerator of which is thenumber “one” and the denominator of which is the totalnumber of units in all condominiums operated by theassociation.(i) The name of the association, which must be acorporation for profit or a corporation not for profit.(j) Unit owners’ membership and voting rights in theassociation.(k) The document or documents creating the association, which may be attached as an exhibit.(l) A copy of the bylaws, which shall be attached asan exhibit. Defects or omissions in the bylaws shall notaffect the validity of the condominium or title to thecondominium parcels.(m) Other desired provisions not inconsistent withthis chapter.(n) The creation of a nonexclusive easement foringress and egress over streets, walks, and other rightsof-way serving the units of a condominium, as part of thecommon elements necessary to provide reasonableaccess to the public ways, or a dedication of the streets,walks, and other rights-of-way to the public. All easements for ingress and egress shall not be encumberedby any leasehold or lien other than those on thecondominium parcels, unless:1. Any such lien is subordinate to the rights of unitowners, or2. The holder of any encumbrance or leasehold ofany easement has executed and recorded an agreement that the use-rights of each unit owner will not beterminated as long as the unit owner has not beenevicted because of a default under the encumbrance orlease, and the use-rights of any mortgagee of a unit whohas acquired title to a unit may not be terminated.(o) If timeshare estates will or may be created withrespect to any unit in the condominium, a statement inconspicuous type declaring that timeshare estates willor may be created with respect to units in thecondominium. In addition, the degree, quantity, nature,and extent of the timeshare estates that will or may becreated shall be defined and described in detail in thedeclaration, with a specific statement as to the minimumduration of the recurring periods of rights of use,possession, or occupancy that may be created withrespect to any unit.(5) The declaration as originally recorded or asamended under the procedures provided therein mayinclude covenants and restrictions concerning the use,occupancy, and transfer of the units permitted by lawwith reference to real property. However, the ruleagainst perpetuities shall not defeat a right given anyperson or entity by the declaration for the purpose ofcomplete so that the material, together with the provisions of the declaration describing the condominiumproperty, is an accurate representation of the locationand dimensions of the improvements and so that theidentific
(d) A state, county, or municipal entity acting as a lessor and not otherwise named as a developer in the declaration of condominium. (17) “Division” means the Division of Florida Condo-miniums, Timeshares, and Mobile Homes of the De-partment of Business and Professional Regulation. (18) “Land” means the surface of a legally described
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