718.101 Short title.
718.102 Purposes.
718.103 Definitions.
718.1035 Power of attorney; compliance with chapter.
718.104 Creation of condominiums; contents of declaration.
718.1045 Timeshare estates; limitation on creation.
718.105 Recording of declaration.
718.106 Condominium parcels; appurtenances; possession and enjoyment.
718.107 Restraint upon separation and partition of common elements.
718.108 Common elements.
718.1085 Certain regulations not to be retroactively applied.
718.109 Legal description of condominium parcels.
718.110 Amendment of declaration; correction of error or omission in declaration by circuit court.
718.111 The association.
718.112 Bylaws.
718.1124 Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner.
718.113 Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; display of religious decorations.
718.114 Association powers.
718.115 Common expenses and common surplus.
718.116 Assessments; liability; lien and priority; interest; collection.
718.117 Termination of condominium.
718.118 Equitable relief.
718.119 Limitation of liability.
718.120 Separate taxation of condominium parcels; survival of declaration after tax sale; assessment of timeshare estates.
718.121 Liens.
718.122 Unconscionability of certain leases; rebuttable presumption.
718.1224 Prohibition against SLAPP suits.
718.1225 Federal Condominium and Cooperative Abuse Relief Act of 1980; applicability.
718.123 Right of owners to peaceably assemble.
718.1232 Cable television service; resident’s right to access without extra charge.
718.124 Limitation on actions by association.
718.125 Attorney’s fees.
718.1255 Alternative dispute resolution; mediation; nonbinding arbitration; applicability.
718.1256 Condominiums as residential property.
718.1265 Association emergency powers.
718.127 Receivership notification.
718.128 Electronic voting.
718.129 Law enforcement vehicles.
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, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership.
(3) “Association property” means that property, real and personal, which is owned or leased by, or is dedicated by a recorded plat to, the association for the use and benefit of its members.
(4) “Board of administration” or “board” means the board of directors or other representative body which is responsible for administration of the association.
(5) “Buyer” means a person who purchases a condominium unit. The term “purchaser” may be used interchangeably with the term “buyer.”
(6) “Bylaws” means the bylaws of the association as they are amended from time to time.
(7) “Committee” means a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the proposed annual budget or to take action on behalf of the board.
(8) “Common elements” means the portions of the condominium property not included in the units.
(9) “Common expenses” means all expenses properly incurred by the association in the performance of its duties, including expenses specified in s. 718.115.
(10) “Common surplus” means the amount of all receipts or revenues, including assessments, rents, or profits, collected by a condominium association which exceeds common expenses.
(11) “Condominium” means that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements.
(12) “Condominium parcel” means a unit, together with the undivided share in the common elements appurtenant to the unit.
(13) “Condominium property” means the lands, leaseholds, and personal property that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium.
(14) “Conspicuous type” means bold type in capital letters no smaller than the largest type, exclusive of headings, on the page on which it appears and, in all cases, at least 10-point type. Where conspicuous type is required, it must be separated on all sides from other type and print. Conspicuous type may be used in a contract for purchase and sale of a unit, a lease of a unit for more than 5 years, or a prospectus or offering circular only where required by law.
(15) “Declaration” or “declaration of condominium” means the instrument or instruments by which a condominium is created, as they are from time to time amended.
(16) “Developer” means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary course of business, but does not include:
(a) An owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own occupancy;
(b) A cooperative association that creates a condominium by conversion of an existing residential cooperative after control of the association has been transferred to the unit owners if, following the conversion, the unit owners are the same persons who were unit owners of the cooperative and no units are offered for sale or lease to the public as part of the plan of conversion;
(c) A bulk assignee or bulk buyer as defined in s. 718.703; or
(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 Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation.
(18) “Land” means the surface of a legally described parcel of real property and includes, unless otherwise specified in the declaration and whether separate from or including such surface, airspace lying above and subterranean space lying below such surface. However, if so defined in the declaration, the term “land” may mean all or any portion of the airspace or subterranean space between two legally identifiable elevations and may exclude the surface of a parcel of real property and may mean any combination of the foregoing, whether or not contiguous, or may mean a condominium unit.
(19)
