Florida Statute 718.106 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.106

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.

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Amendments to 718.106

Arrestable Offenses / Crimes under Fla. Stat. 718.106

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.106.

Annotations, Discussions, Cases:

Cases Citing Statute 718.106

Total Results: 15

Katina Paese v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: [only] to the provisions of s. 718.111(5).” § 718.106(3), Fla. Stat. (2020) (emphasis added). While

814 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc.

Court: District Court of Appeal of Florida | Date Filed: 2022-07-13

Snippet: unit, whether or not separately described.”); § 718.106(2)(a), Fla. Stat. (“There shall pass with a unit

814 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc.

Court: District Court of Appeal of Florida | Date Filed: 2022-06-29

Snippet: unit, whether or not separately described.”); § 718.106(2)(a), Fla. Stat. (“There shall pass with a unit

EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY

Court: District Court of Appeal of Florida | Date Filed: 2019-01-25

Citation: 264 So. 3d 264

Snippet: parking area is appurtenant to the unit, Section 718.106(2)(a), Florida Statutes, supra, and part of the

Sinatra v. Bussel

Court: District Court of Appeal of Florida | Date Filed: 2013-07-10

Citation: 119 So. 3d 473, 2013 WL 3449751, 2013 Fla. App. LEXIS 10940

Snippet: 807, 809 (Fla. 5th DCA 1998). However, section 718.106(2)(b) provides as follows: (2) There shall pass

Village of Doral Place Ass'n v. RU4 Real, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-10-14

Citation: 22 So. 3d 627, 2009 Fla. App. LEXIS 15540, 2009 WL 3271164

Snippet: undivided share in the common elements ...." § 718.106(2)(a), Fla. Stat. (2003). The legislature has specifically

McAllister v. BREAKERS SEVILLE ASS'N, INC.

Court: District Court of Appeal of Florida | Date Filed: 2008-05-07

Citation: 981 So. 2d 566, 2008 Fla. App. LEXIS 8072, 2008 WL 1958678

Snippet: not cooperatives. However, sections 718.103(15), 718.106, and 718.110(4), governing condominiums, essentially

Neuman v. GRAND VIEW AT EMERALD HILLS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2003-12-03

Citation: 861 So. 2d 494, 2003 WL 22849878

Snippet: recreational facilities, subject to the provisions of s. 718.106(4). The entity or entities responsible for the

Nikolits v. Runway 5-23 Hangar Condominium Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2003-06-04

Citation: 847 So. 2d 1054, 2003 Fla. App. LEXIS 8284, 2003 WL 21276067

Snippet: association under the condominium statute, section 718.106, Florida Statutes, which provides that “a condominium

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-03-08

Snippet: Department of Revenue, supra n. 1. 10 Section 718.106(2)(a), Fla. Stat. 11 Cf., Tower Forty-One Association

Brown v. Rice

Court: District Court of Appeal of Florida | Date Filed: 1998-07-24

Citation: 716 So. 2d 807, 1998 WL 412650

Snippet: the property's declaration of condominium. See § 718.106(2)(b), Fla. Stat. (1993). Here, a provision pertaining

Shapiro v. Herndon

Court: District Court of Appeal of Florida | Date Filed: 1994-07-06

Citation: 639 So. 2d 1026, 1994 Fla. App. LEXIS 6670, 1994 WL 316665

Snippet: PER CURIAM. AFFIRMED. See § 718.106(1), Fla.Stat. (1991); § 718.120(1), Fla.Stat. (1991). GLICKSTEIN

Gittelmacher v. Anttila

Court: District Court of Appeal of Florida | Date Filed: 1992-03-04

Citation: 595 So. 2d 237, 1992 Fla. App. LEXIS 1882, 1992 WL 38188

Snippet: the declaration of condominium, and of sections 718.106 and 718.303. Based on appellee’s admission of liability

Ago

Court: Florida Attorney General Reports | Date Filed: 1987-06-01

Snippet: annexation procedures contrary to Ch. 171). Section 718.106(1), F.S., provides that "[a] condominium parcel

Tower House Condominium, Inc. v. Millman

Court: District Court of Appeal of Florida | Date Filed: 1981-05-05

Citation: 410 So. 2d 926

Snippet: subsection (B) of Article V quoted above and by Section 718.106(2)(a), Florida Statutes (1977) which provides: