Florida Statutes

Fla. Stat. § 718.203 (2025)

Warranties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 24 cases, 1979–2020 · leading case: Leisure Resorts, Inc. v. Frank J. Rooney, Inc., 654 So. 2d 911 (Fla. 1995).
Leisure Resorts, Inc. v. Frank J. Rooney, Inc., 654 So. 2d 911 (Fla. 1995). · cites it 15× “203, but as the district court noted, the relevant portions of that statute contain the same language as section 718.203, Florida Statutes (Supp. 1992).”
Charley Toppino & Sons v. SEAWATCH, 658 So. 2d 922 (Fla. 1994). · cites it 24× “See § 718.203, Fla. Stat. (1987). [3] Section 718.”
SALTPONDS CONDO. v. Walbridge Aldinger Co., 979 So. 2d 1240 (Fla. 3d DCA 2008). · cites it 10× “" Section 718.203, Florida Statutes (2006), provides, in pertinent part as follows: 718.”
Sandarac Ass'n v. WR FRI. ARCHI., 609 So. 2d 1349 (Fla. 2d DCA 1992). · cites it 4× “2d DCA 1979); § 718.203, Fla. Stat. (1991). We assume that the decision not to pursue these claims was made either because the contract and warranties provide no relief at this late date or because the parties with which Sandarac had privity are no longer financially sound.”
Turnberry Court Corp. v. Bellini, 962 So. 2d 1006 (Fla. 3d DCA 2007). · cites it 8× “§ 718.203, Fla. Stat. (2005). The statute classifies the type of property involved, assigning to each a different warranty period.”
Greenburg v. Johnston, 367 So. 2d 229 (Fla. 2d DCA 1979). · cites it 4× “Appellant brought suit against appellees, alleging that he was entitled to damages under the implied-warranty provisions of § 718.203, Fla. Stat. (1977) because the condominium he purchased was defective.”
Port Marina Condo. Ass'n v. Roof Servs., Inc., 119 So. 3d 1288 (Fla. 4th DCA 2013). · cites it 11× “Port Marina filed a complaint, seeking relief from Everglades, Best Roofing, and GAF under Florida’s Condominium Act, which contains an implied warranty of fitness and merchantability statute.”
Frank J. Rooney v. Leisure Resorts, 624 So. 2d 773 (Fla. 4th DCA 1993). · cites it 17× “We, however, find it unnecessary to address them in light of our interpretation of the scope of the statutory warranties contained in section 718.203, Florida Statutes (Supp. 1992).”
Syvrud v. Today Real Est., Inc., 858 So. 2d 1125 (Fla. 2d DCA 2003). · cites it 2× “An informed purchaser might infer from this declaration that— depending upon the date of completion of construction of the building or improvements—the statutory implied warranties imposed on developers of condominiums and their contractors, subcontractors, and suppliers by…”
Great Am. Fid. Ins. v. JWR Constr. Servs., Inc., 882 F. Supp. 2d 1340 (S.D. Fla. 2012). · cites it 4× “General Contractor, under F.S. § 718.203 and common law, impliedly warranted to the Plaintiffs that each parcel was reasonably fit for its intended purpose and merchantable, and that the Condominium’s buildings, improvements and individual units were constructed in accordance…”
Maronda Homes, Inc. v. Lakeview Reserve Homeowners Ass'n, 127 So. 3d 1258 (Fla. 2013). “” §§ 718.203(l)(c), 719.203(l)(c), Fla. Stat.”
Harbor Landing Condo. Owners Ass'n v. Harbor Landing, L.L.C., 78 So. 3d 120 (Fla. 1st DCA 2012). · cites it 10× “1998) (noting that the Legislature, through section 718.203, required developers to provide minimal warranties because a manufacturer’s warranties may not be automatically assigned or otherwise extended to the ultimate purchasers and that the plaintiff, the entity who built…”
— 718.203(1) — 5 cases
Leisure Resorts, Inc. v. Frank J. Rooney, Inc., 654 So. 2d 911 (Fla. 1995). “203, but as the district court noted, the relevant portions of that statute contain the same language as section 718.203, Florida Statutes (Supp. 1992).”
Turnberry Court Corp. v. Bellini, 962 So. 2d 1006 (Fla. 3d DCA 2007). “§ 718.203, Fla. Stat. (2005). The statute classifies the type of property involved, assigning to each a different warranty period.”
— 718.203(1)(b) — 1 case
Frank J. Rooney v. Leisure Resorts, 624 So. 2d 773 (Fla. 4th DCA 1993). “We, however, find it unnecessary to address them in light of our interpretation of the scope of the statutory warranties contained in section 718.203, Florida Statutes (Supp. 1992).”
— 718.203(1)(c) — 1 case
Stroshein v. Harbour Hall Inlet Club II Condo. Ass'n, 418 So. 2d 473 (Fla. 4th DCA 1982).
— 718.203(1)(e) — 1 case
SALTPONDS CONDO. v. Walbridge Aldinger Co., 979 So. 2d 1240 (Fla. 3d DCA 2008). “" Section 718.203, Florida Statutes (2006), provides, in pertinent part as follows: 718.”
— 718.203(1)(f) — 1 case
Frank J. Rooney v. Leisure Resorts, 624 So. 2d 773 (Fla. 4th DCA 1993). “We, however, find it unnecessary to address them in light of our interpretation of the scope of the statutory warranties contained in section 718.203, Florida Statutes (Supp. 1992).”
— 718.203(2) — 10 cases
Leisure Resorts, Inc. v. Frank J. Rooney, Inc., 654 So. 2d 911 (Fla. 1995). “203, but as the district court noted, the relevant portions of that statute contain the same language as section 718.203, Florida Statutes (Supp. 1992).”
Port Marina Condo. Ass'n v. Roof Servs., Inc., 119 So. 3d 1288 (Fla. 4th DCA 2013). “Port Marina filed a complaint, seeking relief from Everglades, Best Roofing, and GAF under Florida’s Condominium Act, which contains an implied warranty of fitness and merchantability statute.”
Grinnell Corp. v. PALMS 2100 OCEAN BLVD., 924 So. 2d 887 (Fla. 4th DCA 2006).
Frank J. Rooney v. Leisure Resorts, 624 So. 2d 773 (Fla. 4th DCA 1993). “We, however, find it unnecessary to address them in light of our interpretation of the scope of the statutory warranties contained in section 718.203, Florida Statutes (Supp. 1992).”
Harbor Landing Condo. Owners Ass'n v. Harbor Landing, L.L.C., 78 So. 3d 120 (Fla. 1st DCA 2012). “1998) (noting that the Legislature, through section 718.203, required developers to provide minimal warranties because a manufacturer’s warranties may not be automatically assigned or otherwise extended to the ultimate purchasers and that the plaintiff, the entity who built…”
— 718.203(2)(a) — 3 cases
SALTPONDS CONDO. v. Walbridge Aldinger Co., 979 So. 2d 1240 (Fla. 3d DCA 2008). “" Section 718.203, Florida Statutes (2006), provides, in pertinent part as follows: 718.”
Charley Toppino & Sons v. SEAWATCH, 658 So. 2d 922 (Fla. 1994). “See § 718.203, Fla. Stat. (1987). [3] Section 718.”
— 718.203(2)(b) — 1 case
Leisure Resorts, Inc. v. Frank J. Rooney, Inc., 654 So. 2d 911 (Fla. 1995). “203, but as the district court noted, the relevant portions of that statute contain the same language as section 718.203, Florida Statutes (Supp. 1992).”
— 718.203(4) — 1 case
Stroshein v. Harbour Hall Inlet Club II Condo. Ass'n, 418 So. 2d 473 (Fla. 4th DCA 1982).
— 718.203(5) — 2 cases
Greenburg v. Johnston, 367 So. 2d 229 (Fla. 2d DCA 1979). “Appellant brought suit against appellees, alleging that he was entitled to damages under the implied-warranty provisions of § 718.203, Fla. Stat. (1977) because the condominium he purchased was defective.”
Charley Toppino & Sons v. SEAWATCH, 658 So. 2d 922 (Fla. 1994). “See § 718.203, Fla. Stat. (1987). [3] Section 718.”
— 718.203(l)(c) — 1 case
Maronda Homes, Inc. v. Lakeview Reserve Homeowners Ass'n, 127 So. 3d 1258 (Fla. 2013). “” §§ 718.203(l)(c), 719.203(l)(c), Fla. Stat.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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