Florida Statute 718.203 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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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) Residential 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.

F.S. 718.203 on Google Scholar

F.S. 718.203 on Casetext

Amendments to 718.203

Arrestable Offenses / Crimes under Fla. Stat. 718.203

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.203.

Annotations, Discussions, Cases:

Cases Citing Statute 718.203

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-27T00:00:00-08:00

Citation: 266 So. 3d 1201

Snippet: warranty of habitability. As Appellant notes, section 718.203(1), Florida Statutes (2013), provides that a "…performed or materials supplied by them." § 718.203(2), Fla. Stat. (2013). As the supreme court has…breach the implied warranty set forth in section 718.203, a condominium unit must be uninhabitable. However

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-27T00:00:00-08:00

Citation: 266 So. 3d 1201

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-26T23:53:00-08:00

Snippet: warranty of habitability. As Appellant notes, section 718.203(1), Florida Statutes (2013), provides that a “developer…work performed or materials supplied by them.” § 718.203(2), Fla. Stat. (2013). As the supreme court has…breach the implied warranty set forth in section 718.203, a condominium unit must be uninhabitable. However

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-04T00:00:00-07:00

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

Snippet: warranty of fitness and merchantability statute. § 718.203, Fla. Stat. (2012). GAF filed a motion to abate…the alternative to dismiss, arguing that section 718.203(2) does not apply to product manufacturers like…not a “supplier” within the meaning of section 718.203(2). Analysis Port Marina argues that the trial…was a “supplier” within the meaning of section 718.203(2). Port Marina also contends that the trial court… performed or materials supplied by them.... § 718.203(2), Fla. Stat. (2012) (emphasis added). The essential

Maronda Homes, Inc. v. Lakeview Reserve Homeowners Ass'n

Court: Fla. | Date Filed: 2013-07-11T00:00:00-07:00

Citation: 127 So. 3d 1258, 2013 WL 3466814

Snippet: the date of completion of the improvements.” §§ 718.203(l)(c), 719.203(l)(c), Fla. Stat. (2006). In contrast

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

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-30T00:00:00-08:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-30T00:00:00-08:00

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

Snippet: statutory implied warranty claim under section 718.203(2), Florida Statutes, against Appellee Rohm and…Haas was not a "supplier" under section 718.203(2), we affirm. During the hearing on Appellee&#… that the word "supplier" in section 718.203(2) did not mean "manufacturer." The trial…727 So.2d 391, 393 (Fla. 1st DCA 1999). Section 718.203(2), Florida Statutes (2010), which pertains to … (noting that the Legislature, through section 718.203, required developers to provide minimal warranties

Lakeview Reserve Homeowners v. Maronda Homes, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-29T00:00:00-07:00

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

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

SALTPONDS CONDO. v. Walbridge Aldinger Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-30T00:53:00-07:00

Citation: 979 So. 2d 1240

Snippet: period pursuant to Florida Statute 718.203(2)." Section 718.203, Florida Statutes (2006), provides…or warranties pursuant to Florida States [sic] 718.203, which would provide a basis for any cause of action…provides, in pertinent part as follows: 718.203 Warranties. . . . . (2) The contractor, and all subcontractors…Supreme Court has found that: As noted in section 718.203 . . . the guarantee established in that section… Contractor also contends that because section 718.203(2)(a), Florida Statutes provides a warranty "

Turnberry Court Corp. v. Bellini

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-08T00:53:00-07:00

Citation: 962 So. 2d 1006

Snippet: Merchantability under Florida Statute Section 718.203; Count II Breach of Contract; and Count III …alleged defects are outside the scope of section 718.203, Florida Statute (2005), which sets forth the developer…quot; A short review of the history of Section 718.203 may assist us in the proper interpretation of the…codified in 1974 as section 711.65, now section 718.203. *1008 The warranties are part of the much larger…seven subsections, only subsection (1) of section 718.203 directly applies to developers. (1) The developer

Grinnell Corp. v. PALMS 2100 OCEAN BLVD.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-08T00:00:00-08:00

Citation: 924 So. 2d 887

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

Syvrud v. Today Real Estate, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-10-31T00:00:00-08:00

Citation: 858 So. 2d 1125, 2003 WL 22459124

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

Carlandia Corp. v. Obernauer

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-14T00:53:00-07:00

Citation: 695 So. 2d 408

Snippet: 718.1255(1) includes those enumerated in section 718.203. By its use of the word "interpretation,"…is excluded from the statute. NOTES [1] See § 718.203, Fla. Stat. (1995). [2] Were arbitration required

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

Court: Fla. | Date Filed: 1995-04-27T00:00:00-07:00

Citation: 654 So. 2d 911

Snippet: mandated by section 718.203(1) and the contractor's warranty mandated by section 718.203(2). The developer… language as section 718.203, Florida Statutes (Supp. 1992). [3] Section 718.203 reads in pertinent part… importance: WHETHER THE PROVISIONS OF SECTION 718.203(2), FLORIDA STATUTES (SUPP. 1992), IMPOSE ON A … purpose" under the provisions of section 718.203(2), Florida Statutes (Supp. 1992). Having accepted… breach of the statutory warranties in section 718.203(2), Florida Statutes (Supp. 1992).[2] The court

Charley Toppino & Sons v. SEAWATCH

Court: Fla. | Date Filed: 1994-11-09T23:53:00-08:00

Citation: 658 So. 2d 922

Snippet: make. *926 Section 718.203(5) clearly accords the warranties provided by section 718.203[3] "to the …our discussion here. See § 718.203, Fla. Stat. (1987). [3] Section 718.203, Florida Statutes (1987), … buildings, beyond the time granted in section 718.203, Florida Statutes [(1987)], after unit owners have… plaintiff Unit Owners pursuant to ... section 718.203, Florida Statutes [1987]." The trial court…district court reversed, reasoning thusly: Section 718.203(2)(a), Florida Statutes (1987), provides a cause

Frank J. Rooney v. Leisure Resorts

Court: Fla. Dist. Ct. App. | Date Filed: 1993-09-15T00:53:00-07:00

Citation: 624 So. 2d 773

Snippet: CONTRACTOR'S WARRANTY: § 718.203 § 718.203 (1) The developer shall be deemed…statutory *774 warranty as prescribed in section 718.203(2), Florida Statutes (Supp. 1992).[1] In the late… the statutory warranties contained in section 718.203, Florida Statutes (Supp. 1992). In particular, …law, the statutory warranty set forth in section 718.203(2) was not applicable to the contractor. Article…quot; warranties. In particular, whether section 718.203(2) was intended to create a warranty as to the

Sandarac Ass'n v. WR FRI. ARCHI.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-10T23:53:00-08:00

Citation: 609 So. 2d 1349

Snippet: Johnston, 367 So.2d 229 (Fla. 2d DCA 1979); § 718.203, Fla. Stat. (1991). We assume that the decision…has created certain statutory warranties. See § 718.203, Fla. Stat. (1991). The condominium association

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

Court: Fla. Dist. Ct. App. | Date Filed: 1992-11-02T23:53:00-08:00

Citation: 610 So. 2d 470

Snippet: under section 718.203, Seawatch filed a second amended complaint repleading the section 718.203 claims and… buildings, beyond the time granted in section 718.203, Florida Statutes (1991), after unit owners have… of statutory implied warranties under section 718.203, Florida Statutes (1991), are time-barred. We affirm…suit was, therefore, time barred under section 718.203(2)(a), Florida Statutes (1991).[3] The trial court…association challenges the dismissal of the section 718.203 claims on statute of limitations grounds. The court

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

Court: Fla. Dist. Ct. App. | Date Filed: 1982-09-01T00:00:00-07:00

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

Snippet: for repair of the tennis courts under Section 718.203(1)(c), Florida Statutes (1979). We affirm. The …the condominium’s tennis facility. Under Section 718.203(1)(c), a developer is deemed to have granted a …maintenance on the *474improvement. See Section 718.203(4). In the instant case, construction of the tennis

Drexel Properties, Inc. v. BAY COLONY, ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1981-11-03T23:53:00-08:00

Citation: 406 So. 2d 515

Snippet: correctly so, that Florida Statutes 553.84 (1979) and 718.203 (1979) are applicable to this litigation. We need