Florida Statute 718.107 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.107

718.107 Restraint upon separation and partition of common elements.—

(1) The undivided share in the common elements which is appurtenant to a unit shall not be separated from it and shall pass with the title to the unit, whether or not separately described.

(2) The share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit.

(3) The shares in the common elements appurtenant to units are undivided, and no action for partition of the common elements shall lie.

History.—s. 1, ch. 76-222.

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Amendments to 718.107

Annotations, Discussions, Cases:

Cases Citing Statute 718.107

Total Results: 11

City of Miami Beach v. Rocio Corp.

404 So. 2d 1066

District Court of Appeal of Florida | Filed: Apr 7, 1981 | Docket: 1782320

Cited 103 times | Published

relating to the conveyance of land. B. Section 718.107 pertains to "Restraints upon separation

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

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

deed sale was illegal because it violated section 718.107, Florida Statutes (2003). That statute forbids

Brown v. Rice

716 So. 2d 807, 1998 WL 412650

District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 424750

Cited 5 times | Published

common element. The trial court determined that section 718.107 of the Florida Statutes (1993), prohibited

Sunshine Meadows Condominium Association, Inc. v. BANK ONE, DAYTON

599 So. 2d 1004, 1992 Fla. App. LEXIS 4502, 1992 WL 79700

District Court of Appeal of Florida | Filed: Apr 22, 1992 | Docket: 1483687

Cited 3 times | Published

Declaration. The statute also provides in section 718.107(2) that "[t]he share in the common elements

De Soleil South Beach Association, Inc. v. Amber Perrin

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70740032

Published

of the [Condominium] Act.” Id. at 481 (citing § 718.107, Fla. Stat.). The removal of common elements

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

District Court of Appeal of Florida | Filed: Jul 13, 2022 | Docket: 63588203

Published

with the title to the living unit.”); see also § 718.107(1), Fla. Stat. (“The undivided share in the common

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

District Court of Appeal of Florida | Filed: Jun 29, 2022 | Docket: 63556659

Published

with the title to the living unit.”); see also § 718.107(1), Fla. Stat. (“The undivided share in the common

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

264 So. 3d 264

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 14516111

Published

capable of separate conveyance is not at issue. Cf. § 718.107(2) ("The share in the

Bank One, Dayton, N.A. v. Sunshine Meadows Condominium Ass'n

641 So. 2d 1333, 91 Fla. L. Weekly Supp. 430, 1994 Fla. LEXIS 1359, 1994 WL 481570

Supreme Court of Florida | Filed: Sep 8, 1994 | Docket: 64750603

Published

Phase II to Bank One’s mortgage. However, section 718.107, Florida Statutes (1991), precludes the separation

City National Bank of Miami v. Home Federal Savings & Loan Ass'n of Hollywood

356 So. 2d 814, 1978 Fla. App. LEXIS 14945

District Court of Appeal of Florida | Filed: Feb 14, 1978 | Docket: 64563558

Published

statute. [This same restraint is now found in Section 718.107 Florida Statutes (1976)]. Accordingly, all

City Nat. Bank v. HOME FEDERAL SAV. & LOAN ASS'N

356 So. 2d 814

District Court of Appeal of Florida | Filed: Feb 14, 1978 | Docket: 1739771

Published

statute. [This same restraint is now found in Section 718.107 Florida Statutes (1976)]. Accordingly, all