718.106
Condominium parcels; appurtenances; possession and enjoyment.
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718.106 Condominium parcels; appurtenances; possession and enjoyment.—
(1) A condominium parcel created by the declaration is a separate parcel of real property, even though the condominium is created on a leasehold.
(2) There shall pass with a unit, as appurtenances thereto:
(a) An undivided share in the common elements and common surplus.
(b) The exclusive right to use such portion of the common elements as may be provided by the declaration, including the right to transfer such right to other units or unit owners to the extent authorized by the declaration as originally recorded, or amendments to the declaration adopted pursuant to the provisions contained therein. Amendments to declarations of condominium providing for the transfer of use rights with respect to limited common elements are not amendments that materially modify unit appurtenances as described in s. 718.110(4). However, in order to be effective, the transfer of use rights with respect to limited common elements must be effectuated in conformity with the procedures set forth in the declaration as originally recorded or as amended under the procedures provided therein. This section is intended to clarify existing law and applies to associations existing on the effective date of this act.
(c) An exclusive easement for the use of the airspace occupied by the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. An easement in airspace which is vacated shall be terminated automatically.
(d) Membership in the association designated in the declaration, with the full voting rights appertaining thereto.
(e) Other appurtenances as may be provided in the declaration.
(3) A unit owner is entitled to the exclusive possession of his or her unit, subject to the provisions of s. 718.111(5). He or she is entitled to use the common elements in accordance with the purposes for which they are intended, but no use may hinder or encroach upon the lawful rights of other unit owners.
(4) When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant. Nothing in this subsection shall interfere with the access rights of the unit owner as a landlord pursuant to chapter 83. The association shall have the right to adopt rules to prohibit dual usage by a unit owner and a tenant of association property and common elements otherwise readily available for use generally by unit owners.
(5) A local government may not adopt an ordinance or regulation that prohibits condominium unit owners or their guests, licensees, or invitees from pedestrian access to a public beach contiguous to a condominium property, except where necessary to protect public health, safety, or natural resources. This subsection does not prohibit a governmental entity from enacting regulations governing activities taking place on the beach.
History.—s. 1, ch. 76-222; s. 3, ch. 84-368; s. 4, ch. 90-151; s. 5, ch. 94-350; s. 853, ch. 97-102; s. 50, ch. 2000-302; s. 6, ch. 2002-27; s. 2, ch. 2007-173; s. 27, ch. 2025-175.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1981–2024 · leading case: Tower House Condominium, Inc. v. Millman
Tower House Condominium, Inc. v. Millman (1981)
“This undivided interest in the parking area is made appurtenant to the condominium unit by subsection (B) of Article V quoted above and by Section 718.106(2)(a), Florida Statutes (1977) which provides: "There shall pass with a unit, as appurtenances thereto: (a) an undivided…”
Village of Doral Place Ass'n v. RU4 Real, Inc. (2009)
“” § 718.106(2)(a), Fla. Stat. (2003). The legislature has specifically prohibited the separate sale of such common elements.”
Brown v. Rice (1998)
“See § 718.106(2)(b), Fla. Stat. (1993). Here, a provision pertaining to the exclusive use of garages was included in the Windrush Declaration.”
Savanna Club Worship Service, Inc. v. Savanna Club Homeowners' Ass'n (2005)
“The border is created by attaching religiously significant items called lechis to utility poles surrounding the neighborhood.”
Mangiarelli v. Sixty-Fifth & One, L.L.C. (2015)
“See Fla. Stat. §§ 718.106 (2)(a), 718.103(8).”
Sinatra v. Bussel (2013)
“However, section 718.106(2)(b) provides as follows: (2) There shall pass with a unit, as appurtenances thereto: [[Image here]] (b) The exclusive right to use such portion of the common elements as may be provided by the declaration, including the right to transfer such right to…”
Nikolits v. Runway 5-23 Hangar Condominium Ass'n (2003)
“012(6), but differentiates the condominium hangers on the theory that they are real property owned by the association under the condominium statute, section 718.106, Florida Statutes, which provides that “a condominium parcel created by the declaration is a separate parcel of…”
EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (2019)
“3d DCA 1981) ("Because a unit owner's undivided share in the parking area is appurtenant to the unit, Section 718.106(2)(a), Florida Statutes, supra, and part of the fee simple, Article V, Declaration of Condominium, supra, the parking area itself is necessarily appurtenant to…”
814 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc. (2022)
“”); § 718.106(2)(a), Fla. Stat. (“There shall pass with a unit, as appurtenances thereto,” inter alia, “[a]n undivided share in the common elements and common surplus”); § 718.”
814 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc. (2022)
“”); § 718.106(2)(a), Fla. Stat. (“There shall pass with a unit, as appurtenances thereto,” inter alia, “[a]n undivided share in the common elements and common surplus”); § 718.”
Katina Paese v. State of Florida (2024)
“” § 718.106(3), Fla. Stat. (2020) (emphasis added).”
Shapiro v. Herndon (1994)
“See § 718.106(1), Fla.Stat. (1991); § 718.120(1), Fla.”
— 718.106(1) — 1 case
Shapiro v. Herndon (1994)
“See § 718.106(1), Fla.Stat. (1991); § 718.120(1), Fla.”
— 718.106(2)(a) — 5 cases
Tower House Condominium, Inc. v. Millman (1981)
“This undivided interest in the parking area is made appurtenant to the condominium unit by subsection (B) of Article V quoted above and by Section 718.106(2)(a), Florida Statutes (1977) which provides: "There shall pass with a unit, as appurtenances thereto: (a) an undivided…”
Village of Doral Place Ass'n v. RU4 Real, Inc. (2009)
“” § 718.106(2)(a), Fla. Stat. (2003). The legislature has specifically prohibited the separate sale of such common elements.”
EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (2019)
“3d DCA 1981) ("Because a unit owner's undivided share in the parking area is appurtenant to the unit, Section 718.106(2)(a), Florida Statutes, supra, and part of the fee simple, Article V, Declaration of Condominium, supra, the parking area itself is necessarily appurtenant to…”
814 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc. (2022)
“”); § 718.106(2)(a), Fla. Stat. (“There shall pass with a unit, as appurtenances thereto,” inter alia, “[a]n undivided share in the common elements and common surplus”); § 718.”
814 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc. (2022)
“”); § 718.106(2)(a), Fla. Stat. (“There shall pass with a unit, as appurtenances thereto,” inter alia, “[a]n undivided share in the common elements and common surplus”); § 718.”
— 718.106(2)(b) — 2 cases
Brown v. Rice (1998)
“See § 718.106(2)(b), Fla. Stat. (1993). Here, a provision pertaining to the exclusive use of garages was included in the Windrush Declaration.”
Sinatra v. Bussel (2013)
“However, section 718.106(2)(b) provides as follows: (2) There shall pass with a unit, as appurtenances thereto: [[Image here]] (b) The exclusive right to use such portion of the common elements as may be provided by the declaration, including the right to transfer such right to…”
— 718.106(3) — 1 case
Katina Paese v. State of Florida (2024)
“” § 718.106(3), Fla. Stat. (2020) (emphasis added).”
— 718.106(4) — 1 case
Savanna Club Worship Service, Inc. v. Savanna Club Homeowners' Ass'n (2005)
“The border is created by attaching religiously significant items called lechis to utility poles surrounding the neighborhood.”
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