Florida Statute 718.122 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.122

718.122 Unconscionability of certain leases; rebuttable presumption.—

(1) A lease pertaining to use by condominium unit owners of recreational or other common facilities, irrespective of the date on which such lease was entered into, is presumptively unconscionable if all of the following elements exist:

(a) The lease was executed by persons none of whom at the time of the execution of the lease were elected by condominium unit owners, other than the developer, to represent their interests;

(b) The lease requires either the condominium association or the condominium unit owners to pay real estate taxes on the subject real property;

(c) The lease requires either the condominium association or the condominium unit owners to insure buildings or other facilities on the subject real property against fire or any other hazard;

(d) The lease requires either the condominium association or the condominium unit owners to perform some or all maintenance obligations pertaining to the subject real property or facilities located upon the subject real property;

(e) The lease requires either the condominium association or the condominium unit owners to pay rents to the lessor for a period of 21 years or more;

(f) The lease provides that failure of the lessee to make payments of rents due under the lease either creates, establishes, or permits establishment of a lien upon individual condominium units of the condominium to secure claims for rent;

(g) The lease requires an annual rental which exceeds 25 percent of the appraised value of the leased property as improved, provided that, for purposes of this paragraph, “annual rental” means the amount due during the first 12 months of the lease for all units, regardless of whether such units were in fact occupied or sold during that period, and “appraised value” means the appraised value placed upon the leased property the first tax year after the sale of a unit in the condominium;

(h) The lease provides for a periodic rental increase; and

(i) The lease or other condominium documents require that every transferee of a condominium unit must assume obligations under the lease.

(2) The Legislature expressly finds that many leases involving use of recreational or other common facilities by residents of condominiums were entered into by parties wholly representative of the interests of a condominium developer at a time when the condominium unit owners not only did not control the administration of their condominium, but also had little or no voice in such administration. Such leases often contain numerous obligations on the part of either or both a condominium association and condominium unit owners with relatively few obligations on the part of the lessor. Such leases may or may not be unconscionable in any given case. Nevertheless, the Legislature finds that a combination of certain onerous obligations and circumstances warrants the establishment of a rebuttable presumption of unconscionability of certain leases, as specified in subsection (1). The presumption may be rebutted by a lessor upon the showing of additional facts and circumstances to justify and validate what otherwise appears to be an unconscionable lease under this section. Failure of a lease to contain all the enumerated elements shall neither preclude a determination of unconscionability of the lease nor raise a presumption as to its conscionability. It is the intent of the Legislature that this section is remedial and does not create any new cause of action to invalidate any condominium lease, but shall operate as a statutory prescription on procedural matters in actions brought on one or more causes of action existing at the time of the execution of such lease.

(3) Any provision of the Florida Statutes to the contrary notwithstanding, neither the statute of limitations nor laches shall prohibit unit owners from maintaining a cause of action under the provisions of this section.

History.—s. 3, ch. 77-221; s. 11, ch. 94-350.

F.S. 718.122 on Google Scholar

F.S. 718.122 on Casetext

Amendments to 718.122

Arrestable Offenses / Crimes under Fla. Stat. 718.122

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.122.

Annotations, Discussions, Cases:

Cases Citing Statute 718.122

Total Results: 16

12550 BISCAYNE CONDOMINIUM ASSOCIATION, INC. v. NRD INVESTMENTS, LLC

Court: District Court of Appeal of Florida | Date Filed: 2021-11-10

Snippet: presumption of unconscionability as provided by section 718.122, Florida Statutes, entitled “Unconscionability

Grove Isle Ass'n v. Grove Isle Associates, LLLP

Court: District Court of Appeal of Florida | Date Filed: 2014-03-26

Citation: 137 So. 3d 1081, 2014 WL 1230326, 2014 Fla. App. LEXIS 4401

Snippet: void and unenforceable, pursuant to sections 718.122 and 718.302, Florida Statutes. The Condominium

Basch v. Hopson

Court: District Court of Appeal of Florida | Date Filed: 2002-11-27

Citation: 831 So. 2d 760, 2002 Fla. App. LEXIS 17539, 2002 WL 31662588

Snippet: REVERSED. KLEIN and MAY, JJ., concur. . See § 718.122(2)(a)l., Fla. Stat. (2000) ("Unless otherwise provided

FLORIDA DISCOUNT PROP., INC. v. Windermere Condo., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-06-20

Citation: 786 So. 2d 1271, 2001 WL 686465

Snippet: courts, and a play area for children). [2] Section 718.122(1)(a)-(i), Florida Statutes (1997), contains detailed

Florida Discount Properties, Inc. v. Windermere Condominium, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2000-04-12

Citation: 763 So. 2d 1085, 2000 Fla. App. LEXIS 4276, 2000 WL 369126

Snippet: that this lease is unconscionable under section 718.122, Florida *1086Statutes, denied the motion to deposit

Maison Grande Condominium Ass'n v. Dorten, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-07-06

Citation: 621 So. 2d 762, 1993 Fla. App. LEXIS 7026, 1993 WL 243128

Snippet: provision declared unconscionable pursuant to section 718.122, Florida Statutes (1991).1 Defendants filed a motion

MAISON GRANDE CONDO. ASS'N v. Dorten

Court: District Court of Appeal of Florida | Date Filed: 1993-07-06

Citation: 621 So. 2d 762

Snippet: provision declared unconscionable pursuant to section 718.122, Florida Statutes (1991).[1] Defendants filed a

Sky Lake Gardens Recreation, Inc. v. Sky Lake Gardens Nos. 1, 3, & 4, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1991-01-29

Citation: 574 So. 2d 1135, 1991 Fla. App. LEXIS 643, 1991 WL 9551

Snippet: 15 F.L.W. D1693 (Fla. 3d DCA June 26, 1990); 718.122, Fla.Stat. (1989). The principles outlined in the

Sky Lake Gardens Recreation, Inc. v. Sky Lake Gardens Nos. 1, 3, & 4, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1990-10-09

Citation: 567 So. 2d 1026, 1990 Fla. App. LEXIS 7690, 1990 WL 149818

Snippet: 15 F.L.W. D1693 (Fla. 3d DCA June 26, 1990); 718.122, Fla.Stat. (1989). The principles outlined in the

Beeman v. Island Breakers

Court: District Court of Appeal of Florida | Date Filed: 1990-06-26

Citation: 577 So. 2d 1341, 1990 WL 88026

Snippet: that the trial court erred by applying section 718.122, Florida Statutes (1987), to the instant lease

Royal Palm Beach Colony, Inc. v. Greenway Village South Associations No. 1, 2, 3, & 4

Court: District Court of Appeal of Florida | Date Filed: 1983-12-28

Citation: 443 So. 2d 1034, 1983 Fla. App. LEXIS 25394

Snippet: all nine prohibited elements listed in Section 718.-122(1), Florida Statutes (1977), it was unconscionable

Island Winds Condominium Bath & Racquet Club Ass'n v. Wettingfield

Court: District Court of Appeal of Florida | Date Filed: 1983-11-18

Citation: 440 So. 2d 455, 1983 Fla. App. LEXIS 24192

Snippet: correct in finding that the requirements of section 718.122, Florida Statutes (1981), were not adequately met

KING MOUNTAIN CONDOMINIUM ASS'N, INC. v. Gundlach

Court: District Court of Appeal of Florida | Date Filed: 1982-12-15

Citation: 425 So. 2d 569, 1982 Fla. App. LEXIS 22267

Snippet: presumption of unconscionability set forth in Section 718.122, Florida Statutes (1977). The appellees, however

Steinhardt v. Rudolph

Court: District Court of Appeal of Florida | Date Filed: 1982-08-17

Citation: 422 So. 2d 884

Snippet: of unconscionability of certain leases... ." § 718.122(2), Fla. Stat. (1981). These onerous obligations

Dubowitz v. Century Village East, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1980-06-25

Citation: 385 So. 2d 1116

Snippet: dismissed, specifically in relation to Section 718.122 [123], Florida Statutes (1979). Appellants acquiesced

Strathmore Riverside Villas Condominium Ass'n, Inc. v. Paver Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 1979-03-02

Citation: 369 So. 2d 971, 1979 Fla. App. LEXIS 14197

Snippet: presumptive unconscionability set forth in Section 718.122(1), Florida Statutes (1977). Appellees overlook