718.107
Restraint upon separation and partition of common elements.
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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.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1978–2025 · leading case: Village of Doral Place Ass'n v. RU4 Real, Inc.
Village of Doral Place Ass'n v. RU4 Real, Inc. (2009)
“The tax deed sale was illegal because it violated section 718.107, Florida Statutes (2003).”
Brown v. Rice (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. (1981)
“Section 718.107 pertains to "Restraints upon separation and partition of common elements.”
Bank One, Dayton, N.A. v. Sunshine Meadows Condominium Ass'n (1994)
“However, section 718.107, Florida Statutes (1991), precludes the separation of a condominium unit from its appurtenant common elements.”
Sunshine Meadows Condominium Association, Inc. v. BANK ONE, DAYTON (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 National Bank of Miami v. Home Federal Savings & Loan Ass'n of Hollywood (1978)
“[This same restraint is now found in Section 718.107 Florida Statutes (1976)].”
814 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc. (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 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc. (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 Association, Inc. v. Amber Perrin (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 PROPERTY OWNERS ASSOCIATION, INC. v. FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (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 FEDERAL SAV. & LOAN ASS'N (1978)
“[This same restraint is now found in Section 718.107 Florida Statutes (1976)].”
— 718.107(1) — 2 cases
814 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc. (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 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc. (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
Village of Doral Place Ass'n v. RU4 Real, Inc. (2009)
“The tax deed sale was illegal because it violated section 718.107, Florida Statutes (2003).”
Brown v. Rice (1998)
“See § 718.107, Fla. Stat. (1993). Ms. Brown's primary argument on appeal is that section 718.”
Sunshine Meadows Condominium Association, Inc. v. BANK ONE, DAYTON (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 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc. (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 PROPERTY HOLDINGS, LLC, etc. v. NEW BIRTH BAPTIST CHURCH CATHEDRAL OF FAITH INTERNATIONAL, INC., etc. (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.”
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