Florida Statute 718.105 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.105

718.105 Recording of declaration.—

(1) When executed as required by s. 718.104, a declaration together with all exhibits and all amendments is entitled to recordation as an agreement relating to the conveyance of land.

(2) Graphic descriptions of improvements constituting exhibits to a declaration, when accompanied by the certificate of a surveyor required by s. 718.104, may be recorded as a part of a declaration without approval of any public body or officer.

(3) The clerk of the circuit court recording the declaration may, for his or her convenience, file the exhibits of a declaration which contains graphic descriptions of improvements in a separate book, and shall indicate the place of filing upon the margin of the record of the declaration.

(4)(a) If the declaration does not have the certificate or the survey or graphic description of the improvements required under s. 718.104(4)(e), the developer shall deliver therewith to the clerk an estimate, signed by a surveyor authorized to practice in this state, of the cost of a final survey or graphic description providing the certificate prescribed by s. 718.104(4)(e), and shall deposit with the clerk the sum of money specified in the estimate.

(b) The clerk shall hold the money until an amendment to the declaration is recorded that complies with the certificate requirements of s. 718.104(4)(e). At that time, the clerk shall pay to the person presenting the amendment to the declaration the sum of money deposited, without making any charge for holding the sum, receiving it, or paying out, other than the fees required for recording the condominium documents.

(c) If the sum of money held by the clerk has not been paid to the developer or association as provided in paragraph (b) within 5 years after the date the declaration was originally recorded, the clerk may notify, in writing, the registered agent of the association that the sum is still available and the purpose for which it was deposited. If the association does not record the certificate within 90 days after the clerk has given the notice, the clerk may disburse the money to the developer. If the developer cannot be located, the clerk shall disburse the money to the Division of Florida Condominiums, Timeshares, and Mobile Homes for deposit in the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.

(5) When a declaration of condominium is recorded pursuant to this section, a certificate or receipted bill shall be filed with the clerk of the circuit court in the county where the property is located showing that all taxes due and owing on the property have been paid in full as of the date of recordation.

History.—s. 1, ch. 76-222; s. 1, ch. 77-174; s. 8, ch. 78-340; s. 3, ch. 90-151; s. 852, ch. 97-102; s. 1, ch. 99-350; s. 46, ch. 2008-240; s. 2, ch. 2013-122.

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Amendments to 718.105

Arrestable Offenses / Crimes under Fla. Stat. 718.105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.105.

Annotations, Discussions, Cases:

Cases Citing Statute 718.105

Total Results: 6

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

Bogue v. Fennelly

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-28T00:00:00-07:00

Citation: 705 So. 2d 575

Snippet: to federal construction. Carchman, 473 U.S. at 718, 105 S.Ct. at 3402-03. Because the United States Supreme

Winkelman v. Toll

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

Citation: 661 So. 2d 102

Snippet: amendment to the declaration. See §§ 718.104(4)(e) and 718.105, Fla. Stat. Thus, *106 where the statute mandates

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Court: Fla. Att'y Gen. | Date Filed: 1989-09-27T00:53:00-07:00

Snippet: deposited by a condominium developer pursuant to s. 718.105, F.S., if the developer fails to file a certificate…court may return funds deposited pursuant to s. 718.105(4), F.S., only when the declaration of condominium…clerk to return the funds deposited pursuant to s. 718.105(4), F.S., under any condition other than the amendment…the money deposited with the clerk pursuant to s.718.105, F.S. I would note that a declaration of condominium… 2 Section 718.104(4)(e), F.S. 3 Id. 4 Section 718.105(1), F.S. See also, s. 718.104(5), F.S., providing

City of Miami Beach v. Rocio Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1981-04-06T23:53:00-08:00

Citation: 404 So. 2d 1066

Snippet: conflict existed between the ordinances and sections 718.105, 718.107, 718.402, 718.501, 718.502, 718.503, 718.504…in question reveals apparent conflict: A. § 718.105: Recording of Ordinance No. 80-2197

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Court: Fla. Att'y Gen. | Date Filed: 1979-04-25T23:53:00-08:00

Snippet: accompanied by the surveyor's certificate. Section 718.105(1) and (2), F. S. There is, however, no requirement…certificate prior to its recordation. Indeed, s.718.105(4) states that, in the event no surveyor's … prior to such completion. Reading together s. 718.105, F. S., providing that a declaration of condominium