Florida Statute 718.104 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.104

718.104 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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Amendments to 718.104

Arrestable Offenses / Crimes under Fla. Stat. 718.104

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.104.

Annotations, Discussions, Cases:

Cases Citing Statute 718.104

Total Results: 20

BAL HARBOUR TOWER CONDOMINIUM ASSOCIATION, INC. v. MARTIN BELLORIN

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-19T00:53:00-07:00

Snippet: recording its declaration of condominium. See § 718.104(2), Fla. Stat. (Supp. 1990). Section 8 of the

Edward Michael Kelly v. Julie Duggan

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-23T00:53:00-07:00

Snippet: assessments imposed by the association. See § 718.104(4)(g), Fla. Stat. (2017) (requiring a declaration

THE WATERVIEW TOWERS CONDO. ASSOC., ETC. v. CITY OF WEST PALM BEACH and PALM HARBOR HOTEL, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-01T00:53:00-07:00

Snippet: to the provisions of the declaration. § 718.104(6), Fla. Stat. (1981). Because the City expressly…provisions of the Declaration pursuant to section 718.104(6). The Hotel and the City argue that the residential…effective until the condominium is terminated.” § 718.104(7), Fla. Stat. (1981). By their Second Amended

BEACH CLUB TOWERS HOMEOWNERS ASSOCIATION, INC. v. CHRIS JONES, Property Appraiser for Escambia County, Florida JANET HOLLEY, Tax Collector for Escambia County, Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-30T00:53:00-07:00

Snippet: part of the condominium parcel. Section 718.104, Florida Statutes, describes the process by which…submitting the property to condominium ownership. § 718.104(4)(a), (c), Fla. Stat. It is not necessary that…the underlying land may be submitted instead. § 718.104(1), Fla. Stat. (“A condominium may be created

Silver Beach Towers Property Owners Ass'n v. Silver Beach Investments of Destin, L.C.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-18T00:00:00-07:00

Citation: 230 So. 3d 157

Snippet: Records of Okaloosa County on July 6, 2001. See §§ 718.104(2), 718.105, Fla. Stat. As defined in the declaration

Tropicana Condominium Assoc. v. Tropical Condominium, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-16T00:00:00-08:00

Citation: 208 So. 3d 755

Snippet: establish restrictions on the transfer of units. § 718.104(5), Fla. Stat. (2013). Courts have acknowledged

Ventana Condominium Association, Inc. v. Chancey Design Partnership, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-12T00:00:00-07:00

Citation: 203 So. 3d 175

Snippet: acknowledged with the requirements for a deed.” § 718.104(2), Fla. Stat. (2014). “The declaration must contain…document or documents creating the association.” § 718.104(4)(i), (k). The association, therefore, is created

Castellanos v. Citizens Property Insurance Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-08T00:00:00-07:00

Citation: 98 So. 3d 1180, 2012 Fla. App. LEXIS 13056

Snippet: Incorporation “are interrelated documents.” *1190See § 718.104(4)(k), Fla. Stat. (2005) (“The declaration must

Breazeale v. GDC View, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-06T00:00:00-08:00

Citation: 79 So. 3d 96

Snippet: substantial completion, permitted under section 718.104(4)(e), Florida Statutes[,] was filed for the entire…unit could not be conveyed. Pursuant to section 718.104(4)(e), Florida Statutes (2007), a completed unit…completed” building. The relevant portion of section 718.104(4)(e) provides in pertinent part: Completed units…declaration. (Emphasis added). We read section 718.104(4)(e) as setting forth two requirements before …condominium was completed for purposes of section 718.104(4)(e) on that date. This finding is not adequate

Tranquil Harbour Development, LLC v. BBT, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-30T00:00:00-08:00

Citation: 79 So. 3d 84

Snippet: determined from these materials. § 718.104(4)(e). Section 718.104(4)(e) further provides the following…'s certificate required *86 under section 718.104(4)(e), Florida Statutes (2004), was recorded for… The purchasers correctly contend that section 718.104(4)(e), Florida Statutes (2004), dictates the date…determining compliance with Paragraph 16. Section 718.104(2) provides that a condominium is created by recording…forth the requirements of a valid declaration. § 718.104(2). If the construction of a condominium is not

Lowe v. Winter Park Condominium Ltd. Partnership

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-15T00:00:00-07:00

Citation: 66 So. 3d 1019

Snippet: . TORPY and EVANDER, JJ., concur. NOTES [1] § 718.104(2), Fla. Stat. 5D09-2419 District Court

Cohn v. GRAND CONDOMINIUM ASSOCIATION, INC.

Court: Fla. | Date Filed: 2011-03-31T00:00:00-07:00

Citation: 62 So. 3d 1120

Snippet: only under chapter 718, the Condominium Act. § 718.104, Fla. Stat. (1985). A condominium is established…condominium and is binding on all unit owners. See § 718.104(2)-(7), Fla. Stat. (1985). A declaration of condominium

Ago

Court: Fla. Att'y Gen. | Date Filed: 2009-07-06T00:53:00-07:00

Snippet: limited common elements." (e.s.) See also s. 718.104(4), Fla. Stat., providing that the declaration

Lennar Homes, Inc. v. DEPART. OF BUSIN. AND PROF.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-09-27T00:53:00-07:00

Citation: 888 So. 2d 50

Snippet: therefore, prohibited by section 718.104(4)(m), Florida Statutes. Section 718.104 details 15 requirements of

Campbell v. Shores at Coco Plum Condominium Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2004-05-19T00:00:00-07:00

Citation: 882 So. 2d 1015

Snippet: PER CURIAM. Affirmed. § 718.104(4), Fla. Stat. (2003); Elmore v. Enterprise Developers, Inc.,

Gilreath v. Westgate Daytona, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-01T23:53:00-08:00

Citation: 871 So. 2d 961

Snippet: the creation of such estates."). Section 718.104(4)(o), Florida Statutes, specifically provides …that may be created with respect to any unit. § 718.104(4)(o), Fla. Stat. (2002) (emphasis added). If the…in the Declaration of Condominium, see section 718.104(4)(o), Florida Statutes (2002), or is added to

Tara Manatee, Inc. v. Fairway Gardens at Tara Condominium Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-12T00:00:00-07:00

Citation: 870 So. 2d 32

Snippet: In support, the Association first cited section 718.104(2), Florida Statutes (1995), which provides that…completed units have been substantially completed. § 718.104(4)(e), Fla. Stat. (1995). No. 2D02-3717

Woodside Village Condominium Association, Inc. v. Jahren

Court: Fla. | Date Filed: 2002-01-02T23:53:00-08:00

Citation: 806 So. 2d 452

Snippet: operation of condominiums. Pursuant to section 718.104(2), a condominium is created by recording a declaration…of the county where the land is located. See § 718.104(2), Fla. Stat. (2000). *456 The declaration, which…1166, 1167 (Fla. 3d DCA 1984). Indeed, section 718.104(5), Florida Statutes (2000), expressly recognizes…the use, occupancy, and transfer of units. See § 718.104(5), Fla. Stat. (2000). *457 Courts have also consistently

Ago

Court: Fla. Att'y Gen. | Date Filed: 1999-03-07T23:53:00-08:00

Snippet: not be assessed against the unit owners) and s. 718.104(2), Fla. Stat. (1998 Supp.), providing that the…brokerage office in common element). 12 See, s. 718.104(4)(f), Fla. Stat. (1998 Supp.); s.718.106(2), Fla…Department of Revenue, supra, n. 1. 13 Section 718.104(4), Fla. Stat. (1998 Supp.). 14 See, s. 718.103

Winkelman v. Toll

Court: Fla. Dist. Ct. App. | Date Filed: 1995-09-13T00:53:00-07:00

Citation: 661 So. 2d 102

Snippet: pursuant to, the applicasble provisions of Chapter 718.104(4)(e), Florida Statutes. This survey shall be attached… to the declaration in accordance with section 718.104(4)(e), Florida Statutes. Eleven days after the …subject to the existing condominium law. Section 718.104(2), Florida Statutes (1979), states: "A condominium…property to condominium ownership. Indeed, section 718.104(7), Florida Statutes (1979) states: "All provisions…certificate of substantial completion of improvements. § 718.104(4)(e), Fla. Stat. (1979). However, where the property