Florida Statutes
Fla. Stat. § 718.107 (2025)
Restraint upon separation and partition of common elements.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1978–2025 · leading case: Vill. of Doral Place Ass'n v. RU4 Real, Inc., 22 So. 3d 627 (Fla. 3d DCA 2009).
Vill. of Doral Place Ass'n v. RU4 Real, Inc., 22 So. 3d 627 (Fla. 3d DCA 2009). “The tax deed sale was illegal because it violated section 718.107, Florida Statutes (2003).”
Brown v. Rice, 716 So. 2d 807 (Fla. 5th DCA 1998). “See § 718.107, Fla. Stat. (1993). Ms. Brown's primary argument on appeal is that section 718.”
City of Miami Beach v. Rocio Corp., 404 So. 2d 1066 (Fla. 3d DCA 1981). “Section 718.107 pertains to "Restraints upon separation and partition of common elements.”
Bank One, Dayton, N.A. v. Sunshine Meadows Condo. Ass'n, 641 So. 2d 1333 (Fla. 1994). “However, section 718.107, Florida Statutes (1991), precludes the separation of a condominium unit from its appurtenant common elements.”
Sunshine Meadows Condo. Ass'n, Inc. v. BANK ONE, DAYTON, 599 So. 2d 1004 (Fla. 4th DCA 1992). “The statute also provides in section 718.107(2) that "[t]he share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit.”
City Nat'l Bank of Miami v. Home Fed. Sav. & Loan Ass'n of Hollywood, 356 So. 2d 814 (Fla. 4th DCA 1978). “[This same restraint is now found in Section 718.107 Florida Statutes (1976)].”
814 Prop. Holdings, LLC, Etc. v. New Birth Baptist Church Cathedral of Faith Int'l, Inc., Etc. (Fla. 3d DCA 2022). “”); see also § 718.107(1), Fla. Stat. (“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.”
814 Prop. Holdings, LLC, Etc. v. New Birth Baptist Church Cathedral of Faith Int'l, Inc., Etc. (Fla. 3d DCA 2022). “”); see also § 718.107(1), Fla. Stat. (“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.”
De Soleil South Beach Ass'n, Inc. v. Amber Perrin (Fla. 3d DCA 2025). “at 481 (citing § 718.107, Fla. Stat.). The removal of common elements from condominium control by the Second Amendment similarly contravenes section 718.”
Eastwood Shores Prop. Owners Ass'n, Inc. v. Florida Dep't of Econ. Opportunity, 264 So. 3d 264 (Fla. 2d DCA 2019). “3d DCA 2009) ("Under the plain language of section 718.107, a separate sale of a condominium's common elements is prohibited.”
City Nat. Bank v. Home Fed. Sav. & Loan Ass'n, 356 So. 2d 814 (Fla. 4th DCA 1978). “[This same restraint is now found in Section 718.107 Florida Statutes (1976)].”
— 718.107(1) — 2 cases
814 Prop. Holdings, LLC, Etc. v. New Birth Baptist Church Cathedral of Faith Int'l, Inc., Etc. (Fla. 3d DCA 2022). “”); see also § 718.107(1), Fla. Stat. (“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.”
814 Prop. Holdings, LLC, Etc. v. New Birth Baptist Church Cathedral of Faith Int'l, Inc., Etc. (Fla. 3d DCA 2022). “”); see also § 718.107(1), Fla. Stat. (“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.”
— 718.107(2) — 6 cases
Vill. of Doral Place Ass'n v. RU4 Real, Inc., 22 So. 3d 627 (Fla. 3d DCA 2009). “The tax deed sale was illegal because it violated section 718.107, Florida Statutes (2003).”
Brown v. Rice, 716 So. 2d 807 (Fla. 5th DCA 1998). “See § 718.107, Fla. Stat. (1993). Ms. Brown's primary argument on appeal is that section 718.”
Sunshine Meadows Condo. Ass'n, Inc. v. BANK ONE, DAYTON, 599 So. 2d 1004 (Fla. 4th DCA 1992). “The statute also provides in section 718.107(2) that "[t]he share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit.”
814 Prop. Holdings, LLC, Etc. v. New Birth Baptist Church Cathedral of Faith Int'l, Inc., Etc. (Fla. 3d DCA 2022). “”); see also § 718.107(1), Fla. Stat. (“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.”
814 Prop. Holdings, LLC, Etc. v. New Birth Baptist Church Cathedral of Faith Int'l, Inc., Etc. (Fla. 3d DCA 2022). “”); see also § 718.107(1), Fla. Stat. (“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.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.