Florida Statute 718.119 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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718.119 Limitation of liability.—

(1) The liability of the owner of a unit for common expenses is limited to the amounts for which he or she is assessed for common expenses from time to time in accordance with this chapter, the declaration, and bylaws.

(2) The owner of a unit may be personally liable for the acts or omissions of the association in relation to the use of the common elements, but only to the extent of his or her pro rata share of that liability in the same percentage as his or her interest in the common elements, and then in no case shall that liability exceed the value of his or her unit.

(3) In any legal action in which the association may be exposed to liability in excess of insurance coverage protecting it and the unit owners, the association shall give notice of the exposure within a reasonable time to all unit owners, and they shall have the right to intervene and defend.

History.—s. 1, ch. 76-222; s. 6, ch. 77-221; s. 5, ch. 77-222; s. 857, ch. 97-102.

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Amendments to 718.119

Annotations, Discussions, Cases:

Cases Citing Statute 718.119

Total Results: 3

Four Jay's Const., Inc. v. Marina at Bluffs Condominium Ass'n, Inc.

846 So. 2d 555, 2003 WL 1877574

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 2550471

Cited 6 times | Published

prejudice, the Fifth District interpreted section 718.119, a limitation of liability provision, to mean

Trintec Const., Inc. v. COUNTRYSIDE VILL. CONDO., ASS'N, INC.

992 So. 2d 277, 2008 WL 4058013

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1723264

Cited 3 times | Published

shall have the right to intervene and defend. § 718.119(3), Fla. Stat. (2006) (emphasis added). Just as

Cooley v. Pheasant Run at Rosemont Condominium Ass'n, Inc.

781 So. 2d 1182, 2001 Fla. App. LEXIS 5033, 26 Fla. L. Weekly Fed. D 978

District Court of Appeal of Florida | Filed: Apr 12, 2001 | Docket: 1294081

Cited 3 times | Published

replaced by Chapter 718, and more specifically section 718.119, Florida Statutes, which provides in pertinent

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