Florida Statutes

Fla. Stat. § 718.103 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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718.103 Definitions.—As used in this chapter, the term:

(1) “Alternative funding method” means a method approved by the division for funding the capital expenditures and deferred maintenance obligations for a multicondominium association which may reasonably be expected to fully satisfy the association’s reserve funding obligations by the allocation of funds in the annual operating budget.

(2) “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.

(3) “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.

(4) “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.

(5) “Board of administration” or “board” means the board of directors or other representative body which is responsible for administration of the association.

(6) “Buyer” means a person who purchases a condominium unit. The term “purchaser” may be used interchangeably with the term “buyer.”

(7) “Bylaws” means the bylaws of the association as they are amended from time to time.

(8) “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.

(9) “Common elements” means the portions of the condominium property not included in the units.

(10) “Common expenses” means all expenses properly incurred by the association in the performance of its duties, including expenses specified in s. 718.115.

(11) “Common surplus” means the amount of all receipts or revenues, including assessments, rents, or profits, collected by a condominium association which exceeds common expenses.

(12) “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.

(13) “Condominium parcel” means a unit, together with the undivided share in the common elements appurtenant to the unit.

¹(14) “Condominium property” means the lands, leaseholds, and improvements, any personal property, and all easements and rights appurtenant thereto, regardless of whether contiguous, which are subjected to condominium ownership.

(15) “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.

(16) “Declaration” or “declaration of condominium” means the instrument or instruments by which a condominium is created, as they are from time to time amended.

(17) “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;

(d) A state, county, or municipal entity acting as a lessor and not otherwise named as a developer in the declaration of condominium.

(18) “Division” means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation.

(19) “Hurricane protection” means hurricane shutters, impact glass, code-compliant windows or doors, and other code-compliant hurricane protection products used to preserve and protect the condominium property or association property.

(20) “Kickback” means any thing or service of value, for which consideration has not been provided, for an officer’s, a director’s, or a manager’s own benefit or that of his or her immediate family, from any person providing or proposing to provide goods or services to the association.

(21) “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.

(22) “Limited common elements” means those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units, as specified in the declaration.

(23) “Multicondominium” means real property containing two or more condominiums, all of which are operated by the same association.

(24) “Operation” or “operation of the condominium” includes the administration and management of the condominium property and the association.

(25) “Rental agreement” means any written agreement, or oral agreement if for less duration than 1 year, providing for use and occupancy of premises.

(26) “Residential condominium” means a condominium consisting of two or more units, any of which are intended for use as a private temporary or permanent residence, except that a condominium is not a residential condominium if the use for which the units are intended is primarily commercial or industrial and not more than three units are intended to be used for private residence, and are intended to be used as housing for maintenance, managerial, janitorial, or other operational staff of the condominium. With respect to a condominium that is not a timeshare condominium, a residential unit includes a unit intended as a private temporary or permanent residence as well as a unit not intended for commercial 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 each unit in the condominium. If a condominium is a residential condominium but contains units intended to be used for commercial or industrial purposes, then, with respect to those units which are not intended for or used as private residences, the condominium is not a residential condominium. A condominium which contains both commercial and residential units is a mixed-use condominium and is subject to the requirements of s. 718.404.

(27) “Special assessment” means any assessment levied against a unit owner other than the assessment required by a budget adopted annually.

(28) “Structural integrity reserve study” means a study of the reserve funds required for future major repairs and replacement of the condominium property performed as required under s. 718.112(2)(g).

(29) “Timeshare estate” means any interest in a unit under which the exclusive right of use, possession, or occupancy of the unit circulates among the various purchasers of a timeshare plan pursuant to chapter 721 on a recurring basis for a period of time.

(30) “Timeshare unit” means a unit in which timeshare estates have been created.

(31) “Unit” means a part of the condominium property which is subject to exclusive ownership. A unit may be in improvements, land, or land and improvements together, as specified in the declaration.

(32) “Unit owner” or “owner of a unit” means a record owner of legal title to a condominium parcel.

(33) “Video conference” means a real-time audio- and video-based meeting between two or more people in different locations using video-enabled and audio-enabled devices. The notice for any meeting that will be conducted by video conference must have a hyperlink and call-in conference telephone number for unit owners to attend the meeting and must have a physical location where unit owners can also attend the meeting in person. All meetings conducted by video conference must be recorded, and such recording must be maintained as an official record of the association.

(34) “Voting certificate” means a document which designates one of the record title owners, or the corporate, partnership, or entity representative, who is authorized to vote on behalf of a condominium unit that is owned by more than one owner or by any entity.

(35) “Voting interests” means the voting rights distributed to the association members pursuant to s. 718.104(4)(j). In a multicondominium association, the voting interests of the association are the voting rights distributed to the unit owners in all condominiums operated by the association. On matters related to a specific condominium in a multicondominium association, the voting interests of the condominium are the voting rights distributed to the unit owners in that condominium.

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; s. 2, ch. 2021-99; s. 4, ch. 2022-269; s. 4, ch. 2023-203; s. 5, ch. 2024-244; s. 5, ch. 2025-175.

¹Note.—Section 31, ch. 2024-244, as amended by s. 19, ch. 2025-175, provides that “[t]he amendments made to ss. 718.103(14) and 718.202(3) and s. 718.407(1), (2), and (6), Florida Statutes, as created by this act, may not apply retroactively and shall only apply to condominiums for which declarations were initially recorded on or after October 1, 2024.”

Notes of Decisions

Cited in 80 cases (9 in the last 5 years), 1980–2025 · leading case: Dimitri v. Com. Ctr. of Miami Master Assoc., 253 So. 3d 715 (Fla. 3d DCA 2018).

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Dimitri v. Com. Ctr. of Miami Master Assoc., 253 So. 3d 715 (Fla. 3d DCA 2018). · cites it 11× “§ 718.103(11). Reviewing the master association declaration in this case, the master association does not administer and manage property subject to condominium ownership.”

Ocean Trail Unit Owners Ass'n v. Mead, 650 So. 2d 4 (Fla. 1994). · cites it 12× “" § 718.103(1), .111(4), .115(2) Fla. Stat.”

Grove Isle Ass'n v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014). · cites it 2× “§ 718.103(15), Fla. Stat. (2012). “The declaration, which some courts have referred to as the condominium’s ‘constitution,’ strictly governs the relationships among the condominium unit owners and the condominium association.”

Vantage View, Inc. v. Bali East Dev. Corp., 421 So. 2d 728 (Fla. 4th DCA 1982). · cites it 4× “NOTES [1] The term "developer" as used in appellant's pleadings is substantially the same as the definition given in section 718.103(13), Florida Statutes (1977).”

Towerhouse Condo., Inc. v. Millman, 475 So. 2d 674 (Fla. 1985). · cites it 4× “[6] Therefore, the land cannot be an appurtenance of the "condominium parcel" as defined by section 718.103(10), Florida Statutes (1977) [7] or by the TowerHouse Declaration of Condominium, [8] inasmuch as only "condominium property" can be appurtenant.”

Mazon v. Tardif, 387 B.R. 641 (M.D. Fla. 2008). · cites it 8× “” Fla. Stat. § 718.103 (11). A condominium “unit” is the “part of the condominium property which is subject to exclusive ownership.”

Vill. of Doral Place Ass'n v. RU4 Real, Inc., 22 So. 3d 627 (Fla. 3d DCA 2009). · cites it 4× “” § 718.103(13), Fla. Stat. (2003). A “Unit” is defined as “a part of the condominium property which is subject to exclusive ownership.”

Brown v. Rice, 716 So. 2d 807 (Fla. 5th DCA 1998). · cites it 7× “" § 718.103(10), Fla. Stat. (1993). "Common elements" are defined as "portions of the condominium property which are not included in the units.”

Downey v. Jungle Den Villas Rec. Ass'n, 525 So. 2d 438 (Fla. 5th DCA 1988). · cites it 7× “Under that section, "Condominium Property" means the lands, leasehold, 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…”

Heron at Destin West Beach & Bay Resort Condo. Ass'n v. Osprey at Destin West Beach, 94 So. 3d 623 (Fla. 1st DCA 2012). · cites it 6× “Master condominium associations typically derive their authority from a declaration of covenants and are controlled by chapter 718, Florida Statutes, only if the master association meets the definition of “association” found in section 718.103(2), Florida Statutes. Otherwise,…”

Ventana Condo. Ass'n, Inc. v. Chancey Design P'ship, Inc., 203 So. 3d 175 (Fla. 2d DCA 2016). · cites it 2× “§ 718.103(15), Fla. Stat. (2012). ‘The declaration, which some courts have referred to as the condominium’s “constitution,” strictly' governs the relationships among the condominium unit owners and the condominium association.”

United States v. Forest Hill Gardens East Condo. Ass'n, 990 F. Supp. 2d 1344 (S.D. Fla. 2014). · cites it 5× “” § 718.103(1), Fla. Stat. In this context, the adjective “regular” differentiates normal from special assessments, while the adjective “periodic” suggests multiple dates on which the assessment is due and payable, i.”

Show all 80 citing cases →

— 718.103(1) — 5 cases

United States v. Forest Hill Gardens East Condo. Ass'n, 990 F. Supp. 2d 1344 (S.D. Fla. 2014). “” § 718.103(1), Fla. Stat. In this context, the adjective “regular” differentiates normal from special assessments, while the adjective “periodic” suggests multiple dates on which the assessment is due and payable, i.”

Ocean Trail Unit Owners Ass'n v. Mead, 650 So. 2d 4 (Fla. 1994). “" § 718.103(1), .111(4), .115(2) Fla. Stat.”

Ocean Beach Resort, Inc. v. Rodack, 586 So. 2d 363 (Fla. 3d DCA 1991).

Eastwood Shores Prop. Owners Ass'n, Inc. v. Florida Dep't of Econ. Opportunity, 264 So. 3d 264 (Fla. 2d DCA 2019).

Kilcullen v. Warwick Condo. Ass'n, 42 Fla. Supp. 2d 210 (Fla. Cir. Ct. 1990).

— 718.103(10) — 7 cases

Towerhouse Condo., Inc. v. Millman, 475 So. 2d 674 (Fla. 1985). “[6] Therefore, the land cannot be an appurtenance of the "condominium parcel" as defined by section 718.103(10), Florida Statutes (1977) [7] or by the TowerHouse Declaration of Condominium, [8] inasmuch as only "condominium property" can be appurtenant.”

Brown v. Rice, 716 So. 2d 807 (Fla. 5th DCA 1998). “" § 718.103(10), Fla. Stat. (1993). "Common elements" are defined as "portions of the condominium property which are not included in the units.”

Tower House Condo., Inc. v. Millman, 410 So. 2d 926 (Fla. 3d DCA 1981).

Ocean Trail Unit Owners Ass'n v. Mead, 650 So. 2d 4 (Fla. 1994). “" § 718.103(1), .111(4), .115(2) Fla. Stat.”

Carlandia Corp. v. Rogers & Ford Constr. Corp., 605 So. 2d 1014 (Fla. 4th DCA 1992).

— 718.103(11) — 12 cases

Beachwood Villas Condo. v. Poor, 448 So. 2d 1143 (Fla. 4th DCA 1984).

Dimitri v. Com. Ctr. of Miami Master Assoc., 253 So. 3d 715 (Fla. 3d DCA 2018). “§ 718.103(11). Reviewing the master association declaration in this case, the master association does not administer and manage property subject to condominium ownership.”

Downey v. Jungle Den Villas Rec. Ass'n, 525 So. 2d 438 (Fla. 5th DCA 1988). “Under that section, "Condominium Property" means the lands, leasehold, 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…”

Blinn v. Florida Power & Light Co., 189 So. 3d 227 (Fla. 2d DCA 2016).

— 718.103(12) — 5 cases

Hovnanian Fla., Inc. v. Div. Of Fla. Land Sales, 401 So. 2d 851 (Fla. 1st DCA 1981).

Calypso Developers I, LLC v. Pelican Props. of South Walton, LLC, 109 So. 3d 1214 (Fla. 1st DCA 2013).

Eastwood Shores Prop. Owners Ass'n, Inc. v. Florida Dep't of Econ. Opportunity, 264 So. 3d 264 (Fla. 2d DCA 2019).

BEACH CLUB TOWERS HOMEOWNERS Ass'n, INC. v. CHRIS JONES, Prop. Appraiser for Escambia Cnty., Florida JANET HOLLEY, Tax Collector for Escambia Cnty., Florida (Fla. 1st DCA 2017).

De Soleil South Beach Ass'n, Inc. v. Amber Perrin (Fla. 3d DCA 2025).

— 718.103(13) — 11 cases

Vantage View, Inc. v. Bali East Dev. Corp., 421 So. 2d 728 (Fla. 4th DCA 1982). “NOTES [1] The term "developer" as used in appellant's pleadings is substantially the same as the definition given in section 718.103(13), Florida Statutes (1977).”

First Fed. Sav. & Loan v. Dept. of Bus. Reg., 472 So. 2d 494 (Fla. 5th DCA 1985).

Vill. of Doral Place Ass'n v. RU4 Real, Inc., 22 So. 3d 627 (Fla. 3d DCA 2009). “” § 718.103(13), Fla. Stat. (2003). A “Unit” is defined as “a part of the condominium property which is subject to exclusive ownership.”

Royal Bahamian Ass'n, Inc. v. Qbe Ins. Corp., 750 F. Supp. 2d 1346 (S.D. Fla. 2010).

Sterling Breeze Owners' Ass'n, Inc. v. New Sterling Resorts, LLC & Sterling Breeze, LLC, 255 So. 3d 434 (Fla. 1st DCA 2018).

— 718.103(14) — 4 cases

Bishop Assocs. Ltd. v. Belkin, 521 So. 2d 158 (Fla. 1st DCA 1988).

Norris v. Edwin W. Peck, Inc., 381 So. 2d 353 (Fla. 5th DCA 1980).

Maass v. Christensen, 414 So. 2d 255 (Fla. 4th DCA 1982).

Horizons North Condo. No. 1 Ass'n v. Norbro I, 551 So. 2d 526 (Fla. 3d DCA 1989).

— 718.103(15) — 6 cases

Grove Isle Ass'n v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014). “§ 718.103(15), Fla. Stat. (2012). “The declaration, which some courts have referred to as the condominium’s ‘constitution,’ strictly governs the relationships among the condominium unit owners and the condominium association.”

Ventana Condo. Ass'n, Inc. v. Chancey Design P'ship, Inc., 203 So. 3d 175 (Fla. 2d DCA 2016). “§ 718.103(15), Fla. Stat. (2012). ‘The declaration, which some courts have referred to as the condominium’s “constitution,” strictly' governs the relationships among the condominium unit owners and the condominium association.”

Dep't of Bus. Reg. v. Siegel, 479 So. 2d 112 (Fla. 1985).

Siegel ex rel. Towers of Quayside No. 2 Condo. v. Div. of Florida Land Sales & Condos., Dep't of Bus. Reg., 453 So. 2d 414 (Fla. 3d DCA 1984).

— 718.103(16) — 5 cases

Porto Venezia Condo. Ass'n v. WB Fort Lauderdale, LLC, 926 F. Supp. 2d 1330 (S.D. Fla. 2013).

Rosso v. Golden Surf Towers Condo Ass'n, 651 So. 2d 787 (Fla. 4th DCA 1995).

Welleby Condo. Ass'n One v. W. Lyon Co., 522 So. 2d 35 (Fla. 4th DCA 1987).

Estancia Condo. Ass'n v. Sunfield Homes, Inc., 619 So. 2d 1008 (Fla. 2d DCA 1993).

Riedlinger v. Rousset, 910 So. 2d 302 (Fla. 2d DCA 2005).

— 718.103(17) — 2 cases

Scudder v. Greenbrier C. Condo. Ass'n, 663 So. 2d 1362 (Fla. 4th DCA 1995).

— 718.103(18) — 1 case

Sterling Breeze Owners' Ass'n, Inc. v. New Sterling Resorts, LLC & Sterling Breeze, LLC, 255 So. 3d 434 (Fla. 1st DCA 2018).

— 718.103(19) — 8 cases

Spanish River Resort Corp. v. Walker, 497 So. 2d 1299 (Fla. 4th DCA 1986).

Sinatra v. Bussel, 119 So. 3d 473 (Fla. 2d DCA 2013).

Spanish River Resort Corp. v. Walker, 526 So. 2d 677 (Fla. 1988).

Katina Paese v. State of Florida (Fla. 4th DCA 2024).

First Equitable Realty III, Ltd. v. Grandview Palace Condo. Ass'n, Inc. (Fla. 3d DCA 2021).

— 718.103(2) — 13 cases

Heron at Destin West Beach & Bay Resort Condo. Ass'n v. Osprey at Destin West Beach, 94 So. 3d 623 (Fla. 1st DCA 2012). “Master condominium associations typically derive their authority from a declaration of covenants and are controlled by chapter 718, Florida Statutes, only if the master association meets the definition of “association” found in section 718.103(2), Florida Statutes. Otherwise,…”

Palm Beach Leisureville Cmty. Ass'n, Inc. v. Raines, 398 So. 2d 471 (Fla. 4th DCA 1981).

Dep't of Bus. Reg. v. Siegel, 479 So. 2d 112 (Fla. 1985).

— 718.103(20) — 1 case

— 718.103(23) — 1 case

Vill. Green Fed'n Unit, Inc. v. Florida Atl. Assocs., 18 Fla. Supp. 2d 94 (Fla. Cir. Ct. 1986).

— 718.103(24) — 5 cases

River Ranch, Inc. v. Outdoor Resorts River Ranch Inns & Cottages Condo. Ass'n (In Re River Ranch, Inc.), 188 B.R. 693 (Bankr. M.D. Fla. 1995).

Ris v. Dept. of Bus. & Prof'l, 695 So. 2d 357 (Fla. 4th DCA 1997).

Shores Of Panama Resort etc. v. Shores Of Panama, LLC Panama Partners, LLC eta, 204 So. 3d 547 (Fla. 1st DCA 2016).

Karpay v. Las Brisas Condo. Ass'n, 517 So. 2d 756 (Fla. 2d DCA 1987).

— 718.103(25) — 1 case

Clark v. England, 715 So. 2d 365 (Fla. 5th DCA 1998).

— 718.103(27) — 2 cases

Eastwood Shores Prop. Owners Ass'n, Inc. v. Florida Dep't of Econ. Opportunity, 264 So. 3d 264 (Fla. 2d DCA 2019).

— 718.103(28) — 4 cases

Turnberry Court Corp. v. Bellini, 962 So. 2d 1006 (Fla. 3d DCA 2007).

Bruno v. Mona Lisa at Celebration, LLC (In re Mona Lisa at Celebration, LLC), 472 B.R. 582 (Bankr. M.D. Fla. 2012).

Victor Tison v. Clairmont Condo. F Assoc., Inc. (Fla. 4th DCA 2019).

Green Terrace E33, LLC v. Joseph Abruzzo, as Clerk & Comptroller for Palm Beach Cnty., Florida (Fla. 4th DCA 2024).

— 718.103(3) — 1 case

Residential Communities of Am. v. Escondido Cmty. Ass'n, 603 So. 2d 122 (Fla. 5th DCA 1992).

— 718.103(32) — 1 case

Sam Gershenbaum v. Wind Condo. Ass'n, Inc. (Fla. 3d DCA 2024).

— 718.103(6) — 2 cases

Country Manors Ass'n v. MASTER ANTENNA SYS., 458 So. 2d 835 (Fla. 4th DCA 1984).

— 718.103(7) — 4 cases

Ocean Trail Unit Owners Ass'n v. Mead, 650 So. 2d 4 (Fla. 1994). “" § 718.103(1), .111(4), .115(2) Fla. Stat.”

Rothenberg v. Plymouth No. 5 Condo. Ass'n, 511 So. 2d 651 (Fla. 4th DCA 1987).

Kilcullen v. Warwick Condo. Ass'n, 42 Fla. Supp. 2d 210 (Fla. Cir. Ct. 1990).

— 718.103(8) — 10 cases

Ocean Trail Unit Owners Ass'n v. Mead, 650 So. 2d 4 (Fla. 1994). “" § 718.103(1), .111(4), .115(2) Fla. Stat.”

Scudder v. Greenbrier C. Condo. Ass'n, 663 So. 2d 1362 (Fla. 4th DCA 1995).

Turnberry Court Corp. v. Bellini, 962 So. 2d 1006 (Fla. 3d DCA 2007).

Mead v. Ocean Trail Unit Owners Ass'n Inc., 638 So. 2d 963 (Fla. 4th DCA 1993).

— 718.103(9) — 2 cases

Palm Beach Leisureville Cmty. Ass'n, Inc. v. Raines, 398 So. 2d 471 (Fla. 4th DCA 1981).

Randy Mcllenan, Kayla Mcllenan, & Charles Williams v. Cypress Chase North Condo. No. 4 Ass'n, Inc. (Fla. 4th DCA 2024).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.