Florida Statute 718.122 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 718.122

Annotations, Discussions, Cases:

Cases Citing Statute 718.122

Total Results: 18

Steinhardt v. Rudolph

422 So. 2d 884

District Court of Appeal of Florida | Filed: Aug 17, 1982 | Docket: 1739863

Cited 33 times | Published

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

Bennett v. Behring Corp.

466 F. Supp. 689, 1979 U.S. Dist. LEXIS 14404

District Court, S.D. Florida | Filed: Feb 15, 1979 | Docket: 2261720

Cited 25 times | Published

(Fla.1976) wherein the Court noted that while F.S. 718.122 did not apply in an attempt to invalidate a

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

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

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 1657840

Cited 17 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Mar 2, 1979 | Docket: 481241

Cited 11 times | Published

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

MAISON GRANDE CONDO. ASS'N v. Dorten

621 So. 2d 762

District Court of Appeal of Florida | Filed: Jul 6, 1993 | Docket: 1266150

Cited 5 times | Published

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

Dubowitz v. Century Village East, Inc.

385 So. 2d 1116

District Court of Appeal of Florida | Filed: Jun 25, 1980 | Docket: 1337885

Cited 4 times | Published

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

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

786 So. 2d 1271, 2001 WL 686465

District Court of Appeal of Florida | Filed: Jun 20, 2001 | Docket: 1278949

Cited 2 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Jul 6, 1993 | Docket: 64697804

Cited 2 times | Published

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

Beeman v. Island Breakers

577 So. 2d 1341, 1990 WL 88026

District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 1160413

Cited 2 times | Published

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

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

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858295

Published

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

Colony Beach & Tennis Club, Inc. v. Colony Beach & Tennis Club Ass'n (In Re Colony Beach & Tennis Club Ass'n)

454 B.R. 209, 2011 WL 3170565

District Court, M.D. Florida | Filed: Jul 27, 2011 | Docket: 2066089

Published

recreational facilities lease unconscionable under Section 718.122, Florida Statutes, and common law; (2) sustain

Colony Beach & Tennis Club Ass'n v. Colony Beach & Tennis Club, Inc. (In Re Colony Beach & Tennis Club Ass'n)

423 B.R. 690, 22 Fla. L. Weekly Fed. B 297, 2010 Bankr. LEXIS 148, 2010 WL 286615

United States Bankruptcy Court, M.D. Florida | Filed: Jan 15, 2010 | Docket: 1638474

Published

is presumptively unconscionable pursuant to Section 718.122 of the Florida Statutes and that the Lessors

Basch v. Hopson

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

District Court of Appeal of Florida | Filed: Nov 27, 2002 | Docket: 64819237

Published

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

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

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

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64799183

Published

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

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

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

District Court of Appeal of Florida | Filed: Jan 29, 1991 | Docket: 64656485

Published

relief would be available under Steinhardt and section 718.122, Florida Statutes (1989). See Steinhardt, 422

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

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

District Court of Appeal of Florida | Filed: Oct 9, 1990 | Docket: 64653582

Published

relief would be available under Steinhardt and section 718.122, Florida Statutes (1989). See Steinhardt, 422

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

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

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 64602147

Published

contain 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

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

District Court of Appeal of Florida | Filed: Nov 18, 1983 | Docket: 64600583

Published

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