Florida · Chapter 718
Condominium Act — Plain-English Summary
Official title: Condominiums. Translated into plain English for board members and homeowners.
General Provisions
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§718.101
Names Chapter 718 the 'Condominium Act.'
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§718.102
Gives statutory recognition to the condominium form of ownership and sets procedures for creation, sale, and operation of condominiums.
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§718.103
Defines key terms used throughout Chapter 718: assessment, association, unit, common elements, common surplus, declaration, bylaws, and developer.
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§718.1035
Anyone acting under a power of attorney for a unit owner must still comply with Chapter 718.
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§718.104
Sets the contents and recording requirements for a condominium declaration.
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§718.1045
Bars creation of timeshare estates in a condominium unless the original declaration expressly authorizes them.
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§718.105
The declaration must be recorded in the public records of the county where the land is located.
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§718.106
A condominium unit is real property. Owners are entitled to possession and quiet enjoyment subject to the declaration.
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§718.107
Common elements cannot be separated from the unit and cannot be partitioned by individual owners.
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§718.108
Defines what is included in common elements and how limited common elements are designated.
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§718.1085
Certain new association rules may not be applied retroactively to existing owners and uses.
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§718.109
Specifies the minimum legal description format for a condominium parcel.
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§718.110
Sets how the declaration may be amended and lets the circuit court correct scrivener's errors.
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§718.111
Core operational section: structure, board powers and duties, official records and access, budgets, reserves, financial reporting, insurance, and meeting pro…
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§718.112
Required and permitted bylaws content. Covers election procedures, board terms, quorum, member meetings, and committees.
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§718.1124
If vacancies leave the board below quorum, any owner may petition the circuit court to appoint a receiver.
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§718.113
Association maintenance duties, owner right to display the U.S. flag, right to install approved hurricane protection, and right to display religious decorati…
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§718.114
Lists association powers including entering into agreements, acquiring leaseholds, purchasing units at foreclosure, and making rules for common element use.
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§718.115
Defines what counts as a common expense, how common surplus is allocated, and how expenses are shared.
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§718.116
Establishes the association's lien for unpaid assessments, its priority versus mortgages, interest, and the safe harbor capping first mortgagee liability.
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§718.117
Procedures for terminating a condominium, including bulk-sale terminations and rights of objectors.
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§718.118
Courts may grant equitable relief such as injunctions where money damages would not be adequate.
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§718.119
Limits unit owner personal liability for tort claims arising from common elements to the owner's percentage interest.
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§718.120
Each parcel is taxed separately. The declaration survives a tax sale. Sets timeshare assessment rules.
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§718.121
Limits when construction liens can attach to a unit for work done on common elements.
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§718.122
Certain long-term recreational leases are presumed unconscionable based on listed factors.
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§718.1224
Bars associations from filing suits to silence members exercising the right to petition government or speak publicly.
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§718.1225
Notes the applicability of the federal Condominium and Cooperative Abuse Relief Act of 1980.
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§718.123
Owners have the right to assemble peaceably in common areas, speak at meetings, and record meetings subject to reasonable rules.
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§718.1232
Owners cannot be charged extra for cable service the association has contracted for.
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§718.124
Statutes of limitations on association claims against the developer are tolled while the developer controls the board.
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§718.125
The prevailing party in litigation under Chapter 718 is entitled to reasonable attorney's fees.
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§718.1255
Sets mandatory presuit mediation for most disputes and nonbinding arbitration for election and recall disputes.
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§718.1256
Condominiums are classified as residential property for zoning and local ordinances.
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§718.1265
When the governor declares an emergency, the board can hold meetings with less notice, contract for emergency repairs, and levy emergency assessments.
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§718.127
Requires the association to notify owners within 10 business days when a receiver is appointed.
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§718.128
Authorizes online voting if the board adopts a resolution 14 days in advance, owners opt in, and the system meets specified security requirements.
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§718.129
Bars associations from prohibiting law enforcement officers from parking their assigned official vehicles at their unit.
Rights and Obligations of Developers
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§718.202
Sets escrow rules for sales or reservation deposits a developer collects before closing.
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§718.203
Implied warranties from the developer and contractor on construction quality and fitness.
Rights and Obligations of Association
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§718.301
Triggers turnover of board control when units are conveyed and sets the package the developer must deliver. Authorizes the association to bring construction …
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§718.302
Long-term contracts the developer signs before turnover may be canceled by majority vote of owners after turnover.
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§718.303
Owner obligations to comply with the declaration, bylaws, and rules. Fines are capped at $100 per violation and $1,000 in aggregate.
Special Types of Condominiums
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§718.401
Sets requirements for condominiums where the land is leased.
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§718.403
Allows a declaration to provide for adding future phases.
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§718.404
Sets rules for condominiums that combine residential and commercial units.
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§718.407
Procedures for converting certain leasehold interests into fee simple ownership.
Regulation and Disclosure
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§718.501
Lists the Division's powers including investigations, subpoenas, penalties, and rulemaking.
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§718.504
Required contents of the developer's prospectus or offering circular delivered to buyers.
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§718.509
Creates the trust fund into which the Division's fees are deposited.
Conversions to Condominium
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§718.604
Applies Part VI to conversions of existing rental property to condominium and lists exemptions.
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§718.622
Requires the converter to disclose building condition and estimated replacement costs.
Distressed Condominium Relief
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§718.701
Defines terms used in Part VII including bulk assignee and bulk buyer.
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§718.703
Sets rules for a bulk assignee or bulk buyer who acquires multiple distressed units.
Frequently asked about Chapter 718
- What is Florida Chapter 718?
- Florida Chapter 718 — the Condominium Act — is the body of law that governs how every Florida condo is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
- How many sections are in Chapter 718?
- Chapter 718 contains 54 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at flsenate.gov.
- Is the summary on this site legal advice?
- No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a Florida-licensed attorney.
- How often does Florida Chapter 718 change?
- The Florida Legislature can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
- Does SoShiny enforce Chapter 718 for me?
- No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.
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