Florida §718.107

Restraint upon separation and partition of common elements

Statute:
Florida §718.107 · Chapter 718 (Condominium Act)
Topic:
Governance & Powers · Common elements
Applies to:
Condo associations

Common elements cannot be separated from the unit and cannot be partitioned by individual owners.

common elements; partition; separation; restraint

📄 Read the official text at flsenate.gov →

Full statutory text
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 shares in the common elements appurtenant to units are undivided, and no action for partition of the common elements shall lie. History.—s. 1, ch. 76-222.

How SoShiny helps with Restraint upon separation and partition of common elements

SoShiny stores your bylaws and governing documents in a searchable library with role-based access, so the board sees one thing and members see another. Every edit is timestamped in the audit log — the documentation Florida regulators and a court expect when a board action is later questioned.

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Frequently asked

What does Florida §718.107 require?
Common elements cannot be separated from the unit and cannot be partitioned by individual owners.
Who does Florida §718.107 apply to?
Florida §718.107 applies to Condo associations in Florida.
What happens if our condo doesn't comply with §718.107?
Non-compliance with Florida Chapter 718 can result in disputes filed with the Florida Department of Business and Professional Regulation (DBPR), Division of Florida Condominiums, Timeshares, and Mobile Homes — and may expose individual board members to personal liability in some circumstances. SoShiny's audit trail and documented workflows are designed to demonstrate compliance.
Where can I read the official text of Florida §718.107?
The official text is published by the Florida Legislature at flsenate.gov. The summary on this page is for plain-English reference only and is not legal advice.
How does SoShiny help with Restraint upon separation and partition of common elements?
SoShiny stores your bylaws and governing documents in a searchable library with role-based access, so the board sees one thing and members see another. Every edit is timestamped in the audit log — the documentation Florida regulators and a court expect when a board action is later questioned. Learn more →

Not legal advice. This page is a plain-English summary of Florida §718.107 prepared by SoShiny for board members and managers. For binding legal advice or interpretation, consult a Florida-licensed attorney. For the official statutory text, see the link above.

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