Florida Statutes
Fla. Stat. § 718.108 (2025)
Common elements.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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718.108 Common elements.—
(1) “Common elements” includes within its meaning the following:
(a) The condominium property which is not included within the units.
(b) Easements through units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common elements.
(c) An easement of support in every portion of a unit which contributes to the support of a building.
(d) The property and installations required for the furnishing of utilities and other services to more than one unit or to the common elements.
(2) The declaration may designate other parts of the condominium property as common elements.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1980–2025 · leading case: In Re Rivera, 256 B.R. 828 (Bankr. M.D. Fla. 2000).
In Re Rivera, 256 B.R. 828 (Bankr. M.D. Fla. 2000). “See § 718.108(10), Fla. Stat. (1999). Chapter 719, Fla.”
Tower House Condo., Inc. v. Millman, 410 So. 2d 926 (Fla. Dist. Ct. App. 1981). “[2] See also § 718.108(2), Fla. Stat. (1977) providing for designation of common elements within a declaration of condominium.”
Mazon v. Tardif, 387 B.R. 641 (M.D. Fla. 2008). “Fla. Stat. § 718.108 . “Limited common elements” are “those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units, as specified in the declaration.”
Country Manors Ass'n v. MASTER ANTENNA SYS., 458 So. 2d 835 (Fla. Dist. Ct. App. 1984). “Until such time, then, that the system becomes subject to condominium ownership, the system cannot be included as part of the common elements as further described in Section 718.108, Florida Statutes (1983).”
Cali v. Meadowbrook Lakes View Conominium Ass'n \B\"", 59 So. 3d 363 (2011). “Section 718.108, Florida Statutes (2009), titled “Common Elements,” provides: (1) “Common Elements” includes within its meaning the following: (a) The condominium property which is not included within the units.”
Coral Way Condo. Investments, Inc. v. 21/22 Condo. Ass'n, 66 So. 3d 1038 (Fla. 3d DCA 2011). “§ 718.108(1)(a), Fla. Stat. (2009). It is undisputed that the special assessment at issue here was passed to pay for maintenance of the building’s air conditioning system and repair of the building’s elevator, both common elements of the building.”
De Soleil South Beach Ass'n, Inc. v. Amber Perrin (Fla. 3d DCA 2025). “It impermissibly removes from condominium control common elements under section 718.108, including “condominium property which is not included within the units,” along with 6 certain easements and infrastructure required to furnish utilities and services to those units.”
Goodner v. Daytona Beach Ocean Towers, Inc., 389 So. 2d 230 (Fla. Dist. Ct. App. 1980). “” “Common elements” is defined by section 718.108, Florida Statutes (1979), to include: 1(d).”
Michael McGee v. Commonwealth Land Title Ins. Co., 537 F. App'x 843 (11th Cir. 2013). “As the district court properly explained, common elements are defined under Fla. Stat. § 718.108 (1) as, among other things, ”[a]n easement of support in every portion of a unit which contributes to the support of a building,” and the Sarasota Cay Club declaration adopted this…”
— 718.108(1)(a) — 2 cases
Coral Way Condo. Investments, Inc. v. 21/22 Condo. Ass'n, 66 So. 3d 1038 (Fla. 3d DCA 2011). “§ 718.108(1)(a), Fla. Stat. (2009). It is undisputed that the special assessment at issue here was passed to pay for maintenance of the building’s air conditioning system and repair of the building’s elevator, both common elements of the building.”
De Soleil South Beach Ass'n, Inc. v. Amber Perrin (Fla. 3d DCA 2025). “It impermissibly removes from condominium control common elements under section 718.108, including “condominium property which is not included within the units,” along with 6 certain easements and infrastructure required to furnish utilities and services to those units.”
— 718.108(10) — 1 case
In Re Rivera, 256 B.R. 828 (Bankr. M.D. Fla. 2000). “See § 718.108(10), Fla. Stat. (1999). Chapter 719, Fla.”
— 718.108(2) — 2 cases
Tower House Condo., Inc. v. Millman, 410 So. 2d 926 (Fla. Dist. Ct. App. 1981). “[2] See also § 718.108(2), Fla. Stat. (1977) providing for designation of common elements within a declaration of condominium.”
Cali v. Meadowbrook Lakes View Conominium Ass'n \B\"", 59 So. 3d 363 (2011). “Section 718.108, Florida Statutes (2009), titled “Common Elements,” provides: (1) “Common Elements” includes within its meaning the following: (a) The condominium property which is not included within the units.”
— 718.108(l)(a) — 1 case
Cali v. Meadowbrook Lakes View Conominium Ass'n \B\"", 59 So. 3d 363 (2011). “Section 718.108, Florida Statutes (2009), titled “Common Elements,” provides: (1) “Common Elements” includes within its meaning the following: (a) The condominium property which is not included within the units.”
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