Florida Statute 718.203 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

View Entire Chapter

F.S. 718.203

718.203 Warranties.—

(1) The developer shall be deemed to have granted to the purchaser of each unit an implied warranty of fitness and merchantability for the purposes or uses intended as follows:

(a) As to each unit, a warranty for 3 years commencing with the completion of the building containing the unit.

(b) As to the personal property that is transferred with, or appurtenant to, each unit, a warranty which is for the same period as that provided by the manufacturer of the personal property, commencing with the date of closing of the purchase or the date of possession of the unit, whichever is earlier.

(c) As to all other improvements for the use of unit owners, a 3-year warranty commencing with the date of completion of the improvements.

(d) As to all other personal property for the use of unit owners, a warranty which shall be the same as that provided by the manufacturer of the personal property.

(e) As to the roof and structural components of a building or other improvements and as to mechanical, electrical, and plumbing elements serving improvements or a building, except mechanical elements serving only one unit, a warranty for a period beginning with the completion of construction of each building or improvement and continuing for 3 years thereafter or 1 year after owners other than the developer obtain control of the association, whichever occurs last, but in no event more than 5 years.

(f) As to all other property which is conveyed with a unit, a warranty to the initial purchaser of each unit for a period of 1 year from the date of closing of the purchase or the date of possession, whichever occurs first.

(2) The contractor, and all subcontractors and suppliers, grant to the developer and to the purchaser of each unit implied warranties of fitness as to the work performed or materials supplied by them as follows:

(a) For a period of 3 years from the date of completion of construction of a building or improvement, a warranty as to the roof and structural components of the building or improvement and mechanical and plumbing elements serving a building or an improvement, except mechanical elements serving only one unit.

(b) For a period of 1 year after completion of all construction, a warranty as to all other improvements and materials.

(3) “Completion of a building or improvement” means issuance of a certificate of occupancy, whether temporary or otherwise, that allows for occupancy or use of the entire building or improvement, or an equivalent authorization issued by the governmental body having jurisdiction. In jurisdictions where no certificate of occupancy or equivalent authorization is issued, the term means substantial completion of construction, finishing, and equipping of the building or improvement according to the plans and specifications.

(4) These warranties are conditioned upon routine maintenance being performed, unless the maintenance is an obligation of the developer or a developer-controlled association.

(5) The warranties provided by this section shall inure to the benefit of each owner and his or her successor owners and to the benefit of the developer.

(6) Nothing in this section affects a condominium as to which rights are established by contracts for sale of 10 percent or more of the units in the condominium by the developer to prospective unit owners prior to July 1, 1974, or as to condominium buildings on which construction has been commenced prior to July 1, 1974.

(7) Condominiums may be covered by an insured warranty program underwritten by a licensed insurance company registered in this state, provided that such warranty program meets the minimum requirements of this chapter; to the degree that such warranty program does not meet the minimum requirements of this chapter, such requirements shall apply.

History.—s. 1, ch. 76-222; s. 1, ch. 77-221; s. 8, ch. 77-222; s. 3, ch. 78-340; s. 9, ch. 79-314; s. 11, ch. 91-103; s. 5, ch. 91-426; s. 8, ch. 92-49; s. 861, ch. 97-102; s. 4, ch. 2015-165; s. 12, ch. 2025-175.

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Amendments to 718.203

Annotations, Discussions, Cases:

Cases Citing Statute 718.203

Total Results: 27

Leisure Resorts, Inc. v. Frank J. Rooney, Inc.

654 So. 2d 911, 20 Fla. L. Weekly Supp. 184, 1995 Fla. LEXIS 631, 1995 WL 242091

Supreme Court of Florida | Filed: Apr 27, 1995 | Docket: 1303816

Cited 42 times | Published

public importance: WHETHER THE PROVISIONS OF SECTION 718.203(2), FLORIDA STATUTES (SUPP. 1992), IMPOSE ON

Henry C. Lollar v. Alabama By-Products Corp., and Director, Office of Workers' Compensation Programs, United States Department of Labor, Arthur Hicks v. Alabama By-Products Corp., and Director, Office of Workers' Compensation Programs, United States Department of Labor

893 F.2d 1258, 1990 U.S. App. LEXIS 1323

Court of Appeals for the Eleventh Circuit | Filed: Feb 6, 1990 | Docket: 823432

Cited 32 times | Published

nine years and was thus ineligible for the section 718.203(b) presumption that his pneumoconiosis arose

Sandarac Ass'n v. WR FRI. ARCHI.

609 So. 2d 1349

District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 1325500

Cited 30 times | Published

Johnston, 367 So.2d 229 (Fla. 2d DCA 1979); § 718.203, Fla. Stat. (1991). We assume that the decision

U.S. Steel Mining Company v. Director, OWCP

386 F.3d 977, 2004 U.S. App. LEXIS 20384, 2004 WL 2163387

Court of Appeals for the Eleventh Circuit | Filed: Sep 28, 2004 | Docket: 398129

Cited 23 times | Published

Moreover, as the ALJ noted, under 20 C.F.R. § 718.203(b), a miner with pneumono-coniosis who has worked

John W. Stomps v. Director, Office of Workers' Compensation Programs, United States Department of Labor

816 F.2d 1533, 1987 U.S. App. LEXIS 6306

Court of Appeals for the Eleventh Circuit | Filed: May 18, 1987 | Docket: 808832

Cited 21 times | Published

regulations promulgated to implement the Act. 20 C.F.R. § 718.203(a) states that the proper causal inquiry is whether

Syvrud v. Today Real Estate, Inc.

858 So. 2d 1125, 2003 WL 22459124

District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 1513535

Cited 15 times | Published

contractors, subcontractors, and suppliers by section 718.203, Florida Statutes (2000), may be unavailable

Greenburg v. Johnston

367 So. 2d 229

District Court of Appeal of Florida | Filed: Jan 5, 1979 | Docket: 1697757

Cited 12 times | Published

damages under the implied-warranty provisions of § 718.203, Fla. Stat. (1977) because the condominium he

Carlandia Corp. v. Obernauer

695 So. 2d 408, 1997 WL 245193

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 425209

Cited 5 times | Published

section 718.1255(1) includes those enumerated in section 718.203. By its use of the word "interpretation," the

Charley Toppino & Sons v. SEAWATCH

658 So. 2d 922

Supreme Court of Florida | Filed: Nov 10, 1994 | Docket: 439645

Cited 5 times | Published

condominium buildings, beyond the time granted in section 718.203, Florida Statutes [(1987)], after unit owners

Grinnell Corp. v. PALMS 2100 OCEAN BLVD.

924 So. 2d 887, 2006 WL 544520

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 1419249

Cited 3 times | Published

implied warranty under section 718.203(2) of the Florida Condominium Act. See § 718.203(2), Fla. Stat. (2005)

SALTPONDS CONDO. v. Walbridge Aldinger Co.

979 So. 2d 1240, 2008 WL 1883903

District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1714657

Cited 2 times | Published

limitations period pursuant to Florida Statute 718.203(2)." Section 718.203, Florida Statutes (2006), provides

Turnberry Court Corp. v. Bellini

962 So. 2d 1006, 2007 WL 2254680

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 1519404

Cited 2 times | Published

and Merchantability under Florida Statute Section 718.203; Count II Breach of Contract; and Count III

Frank J. Rooney v. Leisure Resorts

624 So. 2d 773, 1993 WL 349928

District Court of Appeal of Florida | Filed: Sep 15, 1993 | Docket: 475187

Cited 2 times | Published

of statutory *774 warranty as prescribed in section 718.203(2), Florida Statutes (Supp. 1992).[1] In the

Jim Walter Resources, Inc. v. Edward Allen Director, Office of Workers Compensation Programs, United States Department of Labor

995 F.2d 1027, 1993 U.S. App. LEXIS 17595, 1993 WL 231734

Court of Appeals for the Eleventh Circuit | Filed: Jul 16, 1993 | Docket: 1019484

Cited 2 times | Published

exercise.” 3 . Under 20 C.F.R. § 718.203(b), a miner who has worked for 10 or more years

Seawatch at Marathon Condo. Ass'n v. CHARLEY TOPPINO AND SONS, INC.

610 So. 2d 470, 1992 WL 318499

District Court of Appeal of Florida | Filed: Nov 3, 1992 | Docket: 1734786

Cited 2 times | Published

condominium buildings, beyond the time granted in section 718.203, Florida Statutes (1991), after unit owners

Port Marina Condominium Ass'n v. Roof Services, Inc.

119 So. 3d 1288, 2013 WL 4726923, 2013 Fla. App. LEXIS 14106

District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60233575

Cited 1 times | Published

warranty of fitness and merchantability statute. § 718.203, Fla. Stat. (2012). GAF filed a motion to abate

Lakeview Reserve Homeowners v. Maronda Homes, Inc.

48 So. 3d 902, 2010 Fla. App. LEXIS 16554, 2010 WL 4257559

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 2400081

Cited 1 times | Published

first enacted warranties for condominiums in section 718.203, Florida Statutes (1976). For similar reasons

Lollar v. Alabama By-Products Corp.

893 F.2d 1258

Court of Appeals for the Eleventh Circuit | Filed: Feb 6, 1990 | Docket: 66250797

Cited 1 times | Published

nine years and was thus ineligible for the section 718.203(b) presumption that his pneumoconiosis arose

D.R. Horton, Inc. v. Heron's Landing Condo. Ass'n of Jacksonville, Inc.

266 So. 3d 1201

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64708542

Published

warranty of habitability. As Appellant notes, section 718.203(1), Florida Statutes (2013), provides that

D.R. Horton, Inc. v. Heron's Landing Condo. Ass'n of Jacksonville, Inc.

266 So. 3d 1201

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64708543

Published

warranty of habitability. As Appellant notes, section 718.203(1), Florida Statutes (2013), provides that

D.R. Horton, Inc. - Jacksonville v. Heron's Landing Condominium Association of Jacksonville, Inc.

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455145

Published

warranty of habitability. As Appellant notes, section 718.203(1), Florida Statutes (2013), provides that

Porto Venezia Condominium Ass'n v. WB Fort Lauderdale, LLC

926 F. Supp. 2d 1330, 2013 WL 772613

District Court, S.D. Florida | Filed: Feb 27, 2013 | Docket: 65989097

Published

implied warranties pursuant to Florida Statute § 718.203 because the Porto property was allegedly not fit

Landmark American Insurance Co. v. Santa Rosa Beach Development Corp. I

107 So. 3d 1135, 2012 WL 5971204, 2012 Fla. App. LEXIS 20553

District Court of Appeal of Florida | Filed: Nov 30, 2012 | Docket: 60228563

Published

obligation and responsibility under, e.g., Fla. Stat. § 718.203.... Upon the execution and delivery of such warranties

Great American Fidelity Insurance v. JWR Construction Services, Inc.

882 F. Supp. 2d 1340, 2012 U.S. Dist. LEXIS 49257, 2012 WL 1193848

District Court, S.D. Florida | Filed: Apr 9, 2012 | Docket: 65983860

Published

CONTRACTOR 166. General Contractor, under F.S. § 718.203 and common law, impliedly warranted to the Plaintiffs

Harbor Landing Condominium Owners Ass'n v. Harbor Landing, L.L.C.

78 So. 3d 120, 2012 Fla. App. LEXIS 1321, 2012 WL 254971

District Court of Appeal of Florida | Filed: Jan 30, 2012 | Docket: 2358031

Published

of statutory implied warranty claim under section 718.203(2), Florida Statutes, against Appellee Rohm

McClendon v. Drummond Coal Co.

861 F.2d 1512, 1988 WL 127637

Court of Appeals for the Eleventh Circuit | Filed: Dec 20, 1988 | Docket: 66240126

Published

ten or more years in the coal mines. 20 C.F.R. § 718.203(b). Because McClendon worked for seventeen years

Stroshein v. Harbour Hall Inlet Club II Condominium Ass'n

418 So. 2d 473, 1982 Fla. App. LEXIS 21422

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 64591824

Published

liable for repair of the tennis courts under Section 718.203(1)(c), Florida Statutes (1979). We affirm.