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The 2025 Florida Statutes
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F.S. 718.104718.104 Creation of condominiums; contents of declaration.—Every condominium created in this state shall be created pursuant to this chapter.(1) A condominium may be created on land owned in fee simple or held under a lease complying with the provisions of s. 718.401. (2) A condominium is created by recording a declaration in the public records of the county where the land is located, executed and acknowledged with the requirements for a deed. All persons who have record title to the interest in the land being submitted to condominium ownership, or their lawfully authorized agents, must join in the execution of the declaration. Upon the recording of the declaration, or an amendment adding a phase to the condominium under s. 718.403(6), all units described in the declaration or phase amendment as being located in or on the land then being submitted to condominium ownership shall come into existence, regardless of the state of completion of planned improvements in which the units may be located or any other requirement or description that a declaration may provide. Upon recording the declaration of condominium pursuant to this section, the developer shall file the recording information with the division within 120 calendar days on a form prescribed by the division. (3) All persons who have any record interest in any mortgage encumbering the interest in the land being submitted to condominium ownership must either join in the execution of the declaration or execute, with the requirements for deed, and record, a consent to the declaration or an agreement subordinating their mortgage interest to the declaration. (4) The declaration must contain or provide for the following matters:(a) A statement submitting the property to condominium ownership. (b) The name by which the condominium property is to be identified, which shall include the word “condominium” or be followed by the words “a condominium.” Condominiums created within a portion of a building or within a multiple parcel building must include the name by which the condominium is to be identified and be followed by “a condominium within a portion of a building or within a multiple parcel building.” (c) The legal description of the land and, if a leasehold estate is submitted to condominium, an identification of the lease. (d) An identification of each unit by letter, name, or number, or combination thereof, so that no unit bears the same designation as any other unit. (e) A survey of the land which meets the standards of practice established by the Board of Professional Surveyors and Mappers, pursuant to s. 472.027, and a graphic description of the improvements in which units are located and a plot plan thereof that, together with the declaration, are in sufficient detail to identify the common elements and each unit and their relative locations and approximate dimensions. Failure of the survey to meet the standards of practice does not invalidate an otherwise validly created condominium. The survey, graphic description, and plot plan may be in the form of exhibits consisting of building plans, floor plans, maps, surveys, or sketches. If the construction of the condominium is not substantially completed, there shall be a statement to that effect, and, upon substantial completion of construction, the developer or the association shall amend the declaration to include the certificate described below. The amendment may be accomplished by referring to the recording data of a survey of the condominium that complies with the certificate. A certificate of a surveyor and mapper authorized to practice in this state shall be included in or attached to the declaration or the survey or graphic description as recorded under s. 718.105 that the construction of the improvements is substantially complete so that the material, together with the provisions of the declaration describing the condominium property, is an accurate representation of the location and dimensions of the improvements and so that the identification, location, and dimensions of the common elements and of each unit can be determined from these materials. Completed units within each substantially completed building in a condominium development may be conveyed to purchasers, notwithstanding that other buildings in the condominium are not substantially completed, provided that all planned improvements, including, but not limited to, landscaping, utility services and access to the unit, and common-element facilities serving such building, as set forth in the declaration, are first completed and the declaration of condominium is first recorded and provided that as to the units being conveyed there is a certificate of a surveyor and mapper as required above, including certification that all planned improvements, including, but not limited to, landscaping, utility services and access to the unit, and common-element facilities serving the building in which the units to be conveyed are located have been substantially completed, and such certificate is recorded with the original declaration or as an amendment to such declaration. This section does not, however, operate to require development of improvements and amenities declared to be included in future phases pursuant to s. 718.403 before conveying a unit as provided in this paragraph. For the purposes of this section, a “certificate of a surveyor and mapper” means certification by a surveyor and mapper in the form provided in this paragraph and may include, along with certification by a surveyor and mapper, when appropriate, certification by an architect or engineer authorized to practice in this state. Notwithstanding the requirements of substantial completion provided in this section, this paragraph does not prohibit or impair the validity of a mortgage encumbering units together with an undivided interest in the common elements as described in a declaration of condominium recorded before the recording of a certificate of a surveyor and mapper as provided in this paragraph. (f) The undivided share of ownership of the common elements and common surplus of the condominium that is appurtenant to each unit stated as a percentage or a fraction of the whole. In the declaration of condominium for residential condominiums created after April 1, 1992, the ownership share of the common elements assigned to each residential unit shall be based either upon the total square footage of each residential unit in uniform relationship to the total square footage of each other residential unit in the condominium or on an equal fractional basis. (g) The percentage or fractional shares of liability for common expenses of the condominium, which, for all residential units, must be the same as the undivided shares of ownership of the common elements and common surplus appurtenant to each unit as provided for in paragraph (f). (h) If a developer reserves the right, in a declaration recorded on or after July 1, 2000, to create a multicondominium, the declaration must state, or provide a specific formula for determining, the fractional or percentage shares of liability for the common expenses of the association and of ownership of the common surplus of the association to be allocated to the units in each condominium to be operated by the association. If a declaration recorded on or after July 1, 2000, for a condominium operated by a multicondominium association as originally recorded fails to so provide, the share of liability for the common expenses of the association and of ownership of the common surplus of the association allocated to each unit in each condominium operated by the association shall be a fraction of the whole, the numerator of which is the number “one” and the denominator of which is the total number of units in all condominiums operated by the association. (i) The name of the association, which must be a corporation for profit or a corporation not for profit. (j) Unit owners’ membership and voting rights in the association. (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 as an exhibit. Defects or omissions in the bylaws shall not affect the validity of the condominium or title to the condominium parcels. (m) Other desired provisions not inconsistent with this chapter. (n) The creation of a nonexclusive easement for ingress and egress over streets, walks, and other rights-of-way serving the units of a condominium, as part of the common elements necessary to provide reasonable access 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 encumbered by any leasehold or lien other than those on the condominium parcels, unless:1. Any such lien is subordinate to the rights of unit owners, or 2. The holder of any encumbrance or leasehold of any easement has executed and recorded an agreement that the use-rights of each unit owner will not be terminated as long as the unit owner has not been evicted because of a default under the encumbrance or lease, and the use-rights of any mortgagee of a unit who has acquired title to a unit may not be terminated. (o) If timeshare estates will or may be created with respect to any unit in the condominium, a statement in conspicuous type declaring that timeshare estates will or may be created with respect to units in the condominium. In addition, the degree, quantity, nature, and extent of the timeshare estates that will or may be created shall be defined and described in detail in the declaration, with a specific statement as to the minimum duration of the recurring periods of rights of use, possession, or occupancy that may be created with respect to any unit. (p) For both residential condominiums and mixed-use condominiums, a statement that specifies whether the unit owner or the association is responsible for the installation, maintenance, repair, or replacement of hurricane protection that is for the preservation and protection of the condominium property and association property. (5) The declaration as originally recorded or as amended under the procedures provided therein may include covenants and restrictions concerning the use, occupancy, and transfer of the units permitted by law with reference to real property. However, the rule against perpetuities shall not defeat a right given any person or entity by the declaration for the purpose of allowing unit owners to retain reasonable control over the use, occupancy, and transfer of units. (6) A person who joins in, or consents to the execution of, a declaration subjects his or her interest in the condominium property to the provisions of the declaration. (7) All provisions of the declaration are enforceable equitable servitudes, run with the land, and are effective until the condominium is terminated. History.—s. 1, ch. 76-222; s. 1, ch. 77-174; s. 2, ch. 78-328; s. 7, ch. 78-340; s. 1, ch. 79-314; s. 3, ch. 82-199; s. 2, ch. 84-368; s. 2, ch. 90-151; s. 2, ch. 91-103; ss. 1, 5, ch. 91-426; s. 122, ch. 94-119; s. 851, ch. 97-102; s. 1, ch. 98-195; s. 49, ch. 2000-302; s. 5, ch. 2002-27; s. 1, ch. 2013-122; s. 24, ch. 2014-147; s. 6, ch. 2024-244.
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Annotations, Discussions, Cases:
Cases Citing Statute 718.104
Total Results: 42
507 So. 2d 1366, 12 Fla. L. Weekly 200, 1987 Fla. LEXIS 1764
Supreme Court of Florida | Filed: Apr 23, 1987 | Docket: 459903
Cited 54 times | Published
1975), cert. denied, 336 So.2d 602 (Fla. 1976); § 718.104(7), Fla. Stat. (1984 Supp.) (declaration provisions
806 So. 2d 452, 27 Fla. L. Weekly Supp. 34, 2002 Fla. LEXIS 1, 2002 WL 5483
Supreme Court of Florida | Filed: Jan 3, 2002 | Docket: 1341137
Cited 22 times | Published
and operation of condominiums. Pursuant to section 718.104(2), a condominium is created by recording a
468 So. 2d 266
District Court of Appeal of Florida | Filed: Mar 1, 1985 | Docket: 1725427
Cited 16 times | Published
convey a completed condominium unit. Also, section 718.104(4)(e), Florida Statutes (1983), requires a
62 So. 3d 1120, 36 Fla. L. Weekly Supp. 129, 2011 Fla. LEXIS 734, 2011 WL 1158938
Supreme Court of Florida | Filed: Mar 31, 2011 | Docket: 2363041
Cited 13 times | Published
only under chapter 718, the Condominium Act. § 718.104, Fla. Stat. (1985). A condominium is established
650 So. 2d 4, 1994 WL 620851
Supreme Court of Florida | Filed: Nov 10, 1994 | Docket: 1346470
Cited 11 times | Published
created pursuant to chapter 718, Florida Statutes. § 718.104, Fla. Stat. (1987).[2] A condominium is created
448 So. 2d 1166
District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 1523087
Cited 9 times | Published
restrictions has received legislative sanction. See § 718.104(5), Fla. Stat. (Supp. 1982) (providing that a
448 So. 2d 1166
District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 1523087
Cited 9 times | Published
restrictions has received legislative sanction. See § 718.104(5), Fla. Stat. (Supp. 1982) (providing that a
661 So. 2d 102, 1995 WL 539006
District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 532494
Cited 8 times | Published
amendment to the declaration in accordance with section 718.104(4)(e), Florida Statutes.
Eleven days after
431 So. 2d 641
District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 456153
Cited 8 times | Published
provisions. See § 718.102, Fla. Stat. (1977).
Section 718.104(4) states in relevant part:
718.104 Creation
358 So. 2d 1084
District Court of Appeal of Florida | Filed: Aug 9, 1977 | Docket: 1311481
Cited 8 times | Published
perhaps even enforceable by Statute under Section 718.104(5), Fla. Stat. (1977)[2]Coquina Club, Inc.
342 So. 2d 112, 1977 Fla. App. LEXIS 15065
District Court of Appeal of Florida | Filed: Feb 4, 1977 | Docket: 1521214
Cited 7 times | Published
occupancy is carried over in the new condominium act, § 718.104(5), Fla. Stat. (Supp. 1976). In fact, cases prior
478 So. 2d 504, 10 Fla. L. Weekly 2584
District Court of Appeal of Florida | Filed: Nov 20, 1985 | Docket: 1741690
Cited 5 times | Published
incorporation are interrelated documents. See § 718.104(4)(j), Fla. Stat. (1983). They are component parts
373 So. 2d 60
District Court of Appeal of Florida | Filed: Jun 29, 1979 | Docket: 1772443
Cited 5 times | Published
as of the date of recording the Declaration. § 718.104, Florida Statutes. Absent equitable title as opposed
409 So. 2d 65
District Court of Appeal of Florida | Filed: Jan 12, 1982 | Docket: 151213
Cited 4 times | Published
recording the declaration in accordance with § 718.104(2)) until after the effective date of the contested
401 So. 2d 851
District Court of Appeal of Florida | Filed: Jul 7, 1981 | Docket: 1289768
Cited 4 times | Published
fully described in the declaration." Finally, § 718.104(7) provides that "[a]ll provisions of the declaration
888 So. 2d 50, 2004 WL 2146986
District Court of Appeal of Florida | Filed: Sep 27, 2004 | Docket: 1327864
Cited 3 times | Published
therefore, prohibited by section 718.104(4)(m), Florida Statutes.
Section 718.104 details 15 requirements
599 So. 2d 1004, 1992 Fla. App. LEXIS 4502, 1992 WL 79700
District Court of Appeal of Florida | Filed: Apr 22, 1992 | Docket: 1483687
Cited 3 times | Published
incorporates the condominium law in its provisions. Section 718.104(3), Florida Statutes (1983), made applicable
482 So. 2d 479
District Court of Appeal of Florida | Filed: Jan 21, 1986 | Docket: 1769704
Cited 3 times | Published
condominium units in violation of § 718.102(b) and § 718.104(2), Fla. Stat. The Ordinance does not prohibit
203 So. 3d 175, 2016 Fla. App. LEXIS 12173
District Court of Appeal of Florida | Filed: Aug 12, 2016 | Docket: 4119208
Cited 2 times | Published
acknowledged with the requirements for a deed.” § 718.104(2), Fla. Stat. (2014). “The declaration must contain
472 B.R. 582
United States Bankruptcy Court, M.D. Florida | Filed: May 16, 2012 | Docket: 65783932
Cited 2 times | Published
after it completed construction as required by § 718.104(4)(e) of the Florida Statutes. The Court finds
79 So. 3d 84, 2011 Fla. App. LEXIS 20900, 2011 WL 6851194
District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 2357945
Cited 2 times | Published
surveyor's certificate required *86 under section 718.104(4)(e), Florida Statutes (2004), was recorded
208 So. 3d 755, 2016 Fla. App. LEXIS 17090
District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539037
Cited 1 times | Published
establish restrictions on the transfer of units. § 718.104(5), Fla. Stat. (2013). Courts have acknowledged
755 F. Supp. 2d 1197, 2009 U.S. Dist. LEXIS 130459, 2009 WL 7231455
District Court, M.D. Florida | Filed: Apr 30, 2009 | Docket: 291884
Cited 1 times | Published
are created by filing a declaration. Fla. Stat. § 718.104(2). Such declarations contain numerous disclosures
188 B.R. 693, 9 Fla. L. Weekly Fed. B 194, 1995 Bankr. LEXIS 1525, 1995 WL 628049
United States Bankruptcy Court, M.D. Florida | Filed: Oct 19, 1995 | Docket: 1807126
Cited 1 times | Published
acknowledged with the requirements for a deed § 718.104(2). However, it was not the intention of the Legislature
District Court of Appeal of Florida | Filed: Oct 19, 2022 | Docket: 65588649
Published
recording its declaration of
condominium. See § 718.104(2), Fla. Stat. (Supp. 1990). Section 8 of the
District Court of Appeal of Florida | Filed: Oct 23, 2019 | Docket: 16368643
Published
assessments imposed by the
association. See § 718.104(4)(g), Fla. Stat. (2017) (requiring a
declaration
District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183876
Published
to the provisions of the declaration.
§ 718.104(6), Fla. Stat. (1981). Because the City expressly
District Court of Appeal of Florida | Filed: Oct 30, 2017 | Docket: 6182926
Published
not part of the condominium parcel.
Section 718.104, Florida Statutes, describes the process by
546 B.R. 880, 75 Collier Bankr. Cas. 2d 257, 26 Fla. L. Weekly Fed. B 31, 2016 Bankr. LEXIS 582, 2016 WL 769997
United States Bankruptcy Court, M.D. Florida | Filed: Feb 25, 2016 | Docket: 65788442
Published
(emphasis supplied).
. Fla. Stat. § 718.104(5).
. Fla. Stat. § 718.104(7).
. See, e.g., Foster v. Double
98 So. 3d 1180, 2012 Fla. App. LEXIS 13056, 2012 WL 3192794
District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60312117
Published
Incorporation “are interrelated documents.” *1190See § 718.104(4)(k), Fla. Stat. (2005) (“The declaration must
79 So. 3d 96, 2012 Fla. App. LEXIS 39, 2012 WL 28801
District Court of Appeal of Florida | Filed: Jan 6, 2012 | Docket: 60305421
Published
of substantial completion, permitted under section 718.104(4)(e), Florida Statutes[,] was filed for the
66 So. 3d 1019, 2011 Fla. App. LEXIS 11087, 2011 WL 2731189
District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 2362836
Published
REMANDED.
TORPY and EVANDER, JJ., concur.
NOTES
[1] § 718.104(2), Fla. Stat.
882 So. 2d 1015, 2004 Fla. App. LEXIS 7002, 2004 WL 1103286
District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 64832850
Published
PER CURIAM.
Affirmed. § 718.104(4), Fla. Stat. (2003); Elmore v. Enterprise Developers, Inc., 418 So
871 So. 2d 961, 2004 Fla. App. LEXIS 4335, 2004 WL 689285
District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 1709464
Published
permitting the creation of such estates."). Section 718.104(4)(o), Florida Statutes, specifically provides
870 So. 2d 32, 2003 Fla. App. LEXIS 13938, 2003 WL 22103529
District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 64829590
Published
units. In support, the Association first cited section 718.104(2), Florida Statutes (1995), which provides
Florida Attorney General Reports | Filed: Mar 8, 1999 | Docket: 3255344
Published
from Department of Revenue, supra, n. 1.
13 Section 718.104(4), Fla. Stat. (1998 Supp.).
14 See, s. 718
641 So. 2d 1333, 91 Fla. L. Weekly Supp. 430, 1994 Fla. LEXIS 1359, 1994 WL 481570
Supreme Court of Florida | Filed: Sep 8, 1994 | Docket: 64750603
Published
Florida’s condominium law in its provisions. Under section 718.104(3), Florida Statutes (1983), anyone having
Florida Attorney General Reports | Filed: Sep 27, 1989 | Docket: 3255742
Published
return of such funds under any other condition.
Section 718.104, F.S., regulates the creation of condominiums
545 So. 2d 435, 14 Fla. L. Weekly 1478, 1989 Fla. App. LEXIS 3402, 1989 WL 63398
District Court of Appeal of Florida | Filed: Jun 15, 1989 | Docket: 64643286
Published
records in the county where the land is located. § 718.104(2), Fla.Stat. (1987). The Declaration of Condominium
498 So. 2d 632, 11 Fla. L. Weekly 2573, 1986 Fla. App. LEXIS 11273
District Court of Appeal of Florida | Filed: Dec 9, 1986 | Docket: 64623510
Published
running with the land. Furthermore, pursuant to Section 718.104(7), Fla.Stat. [(1983)], all provisions of the
432 So. 2d 654, 1983 Fla. App. LEXIS 19489
District Court of Appeal of Florida | Filed: Jun 1, 1983 | Docket: 64597411
Published
Sweetwater Oaks, a condominium, pursuant to Florida Statute 718.104 and the ingress and egress easement, shown
Florida Attorney General Reports | Filed: Apr 26, 1979 | Docket: 3256420
Published
arises from the following factual situation. Section 718.104(2) and (4), F. S., requires the recording of
