Florida Statutes

Fla. Stat. § 718.114 (2025)

Association powers.

✓ 2025 Florida Statutes — current through the 2025 Regular Session Cite as: Fla. Stat. § 718.114 (2025)

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718.114 Association powers.—An association may enter into agreements to acquire leaseholds, memberships, and other possessory or use interests in lands or facilities such as country clubs, golf courses, marinas, and other recreational facilities, regardless of whether the lands or facilities are contiguous to the lands of the condominium, if such lands and facilities are intended to provide enjoyment, recreation, or other use or benefit to the unit owners. All of these leaseholds, memberships, and other possessory or use interests existing or created at the time of recording the declaration must be stated and fully described in the declaration. Subsequent to the recording of the declaration, agreements acquiring these leaseholds, memberships, or other possessory or use interests which are not entered into within 12 months of the date of the recording of the certificate of a surveyor and mapper pursuant to s. 718.104(4)(e) or the recording of an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first, are a material alteration or substantial addition to the real property that is association property, and the association may not acquire or enter into such agreements except upon a vote of, or written consent by, a majority of the total voting interests or as authorized by the declaration as provided in s. 718.113. The declaration may provide that the rental, membership fees, operations, replacements, and other expenses are common expenses and may impose covenants and restrictions concerning their use and may contain other provisions not inconsistent with this chapter. A condominium association may conduct bingo games as provided in s. 849.0931.

History.—s. 1, ch. 76-222; s. 4, ch. 79-314; s. 9, ch. 90-151; s. 1, ch. 91-67; s. 7, ch. 91-103; s. 2, ch. 91-206; s. 5, ch. 91-426; ss. 2, 6, ch. 92-280; s. 1, ch. 93-160; s. 4, ch. 2007-173; s. 3, ch. 2007-228; s. 5, ch. 2011-196; s. 6, ch. 2013-122.

Notes of Decisions

Cited in 6 cases, 1981–1991 · leading case: Kesl, Inc. v. Racquet Club of Deer Creek

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Kesl, Inc. v. Racquet Club of Deer Creek (1991) fladistctapp · cites it 7× “Florida Statutes Section 718.114 provides: An association has the power to enter into agreements, to acquire leaseholds, memberships, and other possessory or use interests in lands or facilities such as country clubs, golf courses, and other recreational facilities.”

Rothenberg v. Plymouth No. 5 Condo. Ass'n (1987) fladistctapp · cites it 4× “Section 718.114, Florida Statutes (1983).”

Beau Monde, Inc. v. Bramson (1984) fladistctapp · cites it 2× “Therefore, unlike the case sub judice, the acquisition of the recreational lease was specifically contemplated in the original documents and complied with section 718.114, Florida Statutes (1979).”

WATERFORD POINT CONDO. APARTMENS, INC. v. Fass (1981) fladistctapp · cites it 3× “Nonetheless, the complaining unit owner reasons that the buy-out was invalid and unenforceable, advancing as her principal argument, failure of the instant declaration to conform to the provisions of Section 718.114, Florida Statutes (1979) which provide in pertinent part as…”

Hovnanian Fla., Inc. v. DIV. OF FLA. LAND SALES (1981) fladistctapp “Under § 718.114, an association has the power to acquire leaseholds for recreational facilities, but "[a]ll of these leaseholds .”

Department of Business Regulation v. Pinnacle Port Community Ass'n (1986) fladivadminhrg · cites it 5× “114, Florida Statutes, which provides: An association has the power to enter into agreements, to acquire leaseholds, memberships, and other possessory or use interests in lands or facilities such as country clubs, golf courses, marinas, and other recreational facilities.”

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