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The 2025 Florida Statutes
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F.S. 718.106718.106 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 718.106
Total Results: 14
410 So. 2d 926
District Court of Appeal of Florida | Filed: May 5, 1981 | Docket: 477995
Cited 16 times | Published
subsection (B) of Article V quoted above and by Section 718.106(2)(a), Florida Statutes (1977) which provides:
22 So. 3d 627, 2009 Fla. App. LEXIS 15540, 2009 WL 3271164
District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1639703
Cited 7 times | Published
undivided share in the common elements ...." § 718.106(2)(a), Fla. Stat. (2003). The legislature has
716 So. 2d 807, 1998 WL 412650
District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 424750
Cited 5 times | Published
the property's declaration of condominium. See § 718.106(2)(b), Fla. Stat. (1993). Here, a provision pertaining
456 F. Supp. 2d 1223, 2005 U.S. Dist. LEXIS 43775, 2005 WL 4828664
District Court, S.D. Florida | Filed: Dec 16, 2005 | Docket: 2333337
Cited 2 times | Published
under the FHA.
[15] 861 So.2d 494.
[16] Fla. Stat. 718.106(4). The Florida Act has an identical provision
994 F.2d 1536, 1993 U.S. App. LEXIS 17042, 1993 WL 218421
Court of Appeals for the Eleventh Circuit | Filed: Jul 9, 1993 | Docket: 460766
Cited 1 times | Published
biopsy does not meet the requirements of 20 C.F.R. § 718.106 for admissability, and (2) that the biopsy shows
District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290564
Published
subject [only] to the provisions of s.
718.111(5).” § 718.106(3), Fla. Stat. (2020) (emphasis added).
While
District Court of Appeal of Florida | Filed: Jul 13, 2022 | Docket: 63588203
Published
unit, whether or not separately described.”); §
718.106(2)(a), Fla. Stat. (“There shall pass with a unit
District Court of Appeal of Florida | Filed: Jun 29, 2022 | Docket: 63556659
Published
unit, whether or not separately described.”); §
718.106(2)(a), Fla. Stat. (“There shall pass with a unit
264 So. 3d 264
District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 14516111
Published
the parking area is appurtenant to the unit, Section 718.106(2)(a),
Florida Statutes, supra, and part of
119 So. 3d 473, 2013 WL 3449751, 2013 Fla. App. LEXIS 10940
District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60233613
Published
2d 807, 809 (Fla. 5th DCA 1998).
However, section 718.106(2)(b) provides as follows:
(2) There shall
847 So. 2d 1054, 2003 Fla. App. LEXIS 8284, 2003 WL 21276067
District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 64823430
Published
association under the condominium statute, section 718.106, Florida Statutes, which provides that “a condominium
Florida Attorney General Reports | Filed: Mar 8, 1999 | Docket: 3255344
Published
from Department of Revenue, supra n. 1.
10 Section 718.106(2)(a), Fla. Stat.
11 Cf., Tower Forty-One Association
639 So. 2d 1026, 1994 Fla. App. LEXIS 6670, 1994 WL 316665
District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 64749694
Published
PER CURIAM.
AFFIRMED. See § 718.106(1), Fla.Stat. (1991); § 718.120(1), Fla.Stat. (1991).
GLICKSTEIN
Florida Attorney General Reports | Filed: Jun 1, 1987 | Docket: 3257443
Published
annexation procedures contrary to Ch. 171).
Section 718.106(1), F.S., provides that "[a] condominium parcel
