|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 718.302718.302 Agreements entered into by the association.—(1) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association before assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be fair and reasonable, and such grant, reservation, or contract may be canceled by unit owners other than the developer:(a) If the association operates only one condominium and the unit owners other than the developer have assumed control of the association, or if unit owners other than the developer own at least 75 percent of the voting interests in the condominium or own at least 90 percent of the voting interests if the condominium is a nonresidential condominium consisting of 10 or fewer units, the cancellation must be by concurrence of the owners of at least 75 percent of the voting interests other than the voting interests owned by the developer. If a grant, reservation, or contract is so canceled and the unit owners other than the developer have not assumed control of the association, the association must make a new contract or otherwise provide for maintenance, management, or operation in lieu of the canceled obligation, at the direction of the owners of not less than a majority of the voting interests in the condominium other than the voting interests owned by the developer. (b) If the association operates more than one condominium and the unit owners other than the developer have not assumed control of the association, and if unit owners other than the developer own at least 75 percent of the voting interests in the condominiums operated by the association or, beginning July 1, 2025, own at least 90 percent of the voting interests if the condominium is a nonresidential condominium consisting of 10 or fewer units, any grant, reservation, or contract for maintenance, management, or operation of buildings containing the units in that condominium or of improvements used only by unit owners of that condominium may be canceled by concurrence of the owners of at least 75 percent, or the owners of at least 90 percent if the condominium is a nonresidential condominium consisting of 10 or fewer units, of the voting interests in the condominium other than the voting interests owned by the developer. A grant, reservation, or contract for maintenance, management, or operation of recreational areas or any other property serving more than one condominium, and operated by more than one association, may not be canceled except pursuant to paragraph (d). (c) If the association operates more than one condominium and the unit owners other than the developer have assumed control of the association, the cancellation shall be by concurrence of the owners of not less than 75 percent of the total number of voting interests in all condominiums operated by the association other than the voting interests owned by the developer. (d) If the owners of units in a condominium have the right to use property in common with owners of units in other condominiums and those condominiums are operated by more than one association, no grant, reservation, or contract for maintenance, management, or operation of the property serving more than one condominium may be canceled until unit owners other than the developer have assumed control of all of the associations operating the condominiums that are to be served by the recreational area or other property, after which cancellation may be effected by concurrence of the owners of not less than 75 percent of the total number of voting interests in those condominiums other than voting interests owned by the developer. (2) Any grant or reservation made by a declaration, lease, or other document, or any contract made by the developer or association prior to the time when unit owners other than the developer elect a majority of the board of administration, which grant, reservation, or contract requires the association to purchase condominium property or to lease condominium property to another party, shall be deemed ratified unless rejected by a majority of the voting interests of unit owners other than the developer within 18 months after unit owners other than the developer elect a majority of the board of administration. This subsection does not apply to any grant or reservation made by a declaration whereby persons other than the developer or the developer’s heirs, assigns, affiliates, directors, officers, or employees are granted the right to use the condominium property, so long as such persons are obligated to pay, at a minimum, a proportionate share of the cost associated with such property. (3) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association, whether before or after assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall not be in conflict with the powers and duties of the association or the rights of the unit owners as provided in this chapter. This subsection is intended only as a clarification of existing law. (4) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, shall be fair and reasonable. (5) It is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in management contracts for condominiums, and such clauses are hereby declared void for public policy. For the purposes of this section, an escalation clause is any clause in a condominium management contract which provides that the fee under the contract shall increase at the same percentage rate as any nationally recognized and conveniently available commodity or consumer price index. (6) Any action to compel compliance with the provisions of this section or of s. 718.301 may be brought pursuant to the summary procedure provided for in s. 51.011. In any such action brought to compel compliance with the provisions of s. 718.301, the prevailing party is entitled to recover reasonable attorney’s fees. History.—s. 1, ch. 76-222; s. 1, ch. 77-174; s. 11, ch. 79-314; s. 11, ch. 84-368; s. 43, ch. 86-175; s. 863, ch. 97-102; s. 14, ch. 2025-175.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 718.302
Total Results: 22
352 So. 2d 561
District Court of Appeal of Florida | Filed: Nov 30, 1977 | Docket: 1701366
Cited 11 times | Published
in Section 711.66(5)(a), Florida Statutes (now § 718.302(a)).
2. In Count II on the unreasonableness or
608 So. 2d 822, 1992 WL 175096
District Court of Appeal of Florida | Filed: Jul 29, 1992 | Docket: 1449677
Cited 8 times | Published
entitled to an award of attorney's fees under section 718.302(6). In their offer of judgment, appellants
431 So. 2d 641
District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 456153
Cited 8 times | Published
agreement in 1978. The Thackers, however, citing section 718.302(1)(a), Florida Statutes (1977), contend that
447 So. 2d 965
District Court of Appeal of Florida | Filed: Mar 16, 1984 | Docket: 1312012
Cited 4 times | Published
to exercise the right of cancellation under Section 718.302, Florida Statutes (1981).
The facts, briefly
626 So. 2d 229
District Court of Appeal of Florida | Filed: Jun 2, 1993 | Docket: 1684927
Cited 3 times | Published
appeal of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to
552 So. 2d 274, 1989 WL 135530
District Court of Appeal of Florida | Filed: Nov 14, 1989 | Docket: 1200047
Cited 2 times | Published
was not fair and reasonable as required by Section 718.302(4), Florida Statutes (1987), and that the terms
458 So. 2d 835
District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 1452802
Cited 2 times | Published
any of its agreements with MAS pursuant to Section 718.302, Florida Statutes (1983). See also § 711.66
379 So. 2d 471, 1980 Fla. App. LEXIS 15528
District Court of Appeal of Florida | Filed: Feb 6, 1980 | Docket: 1681188
Cited 2 times | Published
suggest the provision is unconscionable under Section 718.302(2), Florida Statutes (1977). In fact the affirmative
561 So. 2d 590, 1990 Fla. App. LEXIS 1215, 1990 WL 17494
District Court of Appeal of Florida | Filed: Feb 27, 1990 | Docket: 1480661
Cited 1 times | Published
that year, Waterside terminated the lease. See § 718.302, Fla. Stat. (1987).
After A-One declined to vacate
District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858295
Published
unconscionability argument, the Association asserts that
section 718.302, Florida Statutes (2021), entitled, “Agreements
251 So. 3d 961
District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 64685451
Published
1981) ) (additional citations omitted). See also § 718.302(3), Fla. Stat. (2017) (providing that a "grant
454 B.R. 209, 2011 WL 3170565
District Court, M.D. Florida | Filed: Jul 27, 2011 | Docket: 2066089
Published
else to act for the [a]ssociation";[16] (2) Section 718.302, Florida Statutes, acknowledges this widespread
17 So. 3d 854, 2009 Fla. App. LEXIS 12818, 2009 WL 2762686
District Court of Appeal of Florida | Filed: Sep 2, 2009 | Docket: 60249249
Published
time-barred from cancelling a lease, pursuant to section 718.302, Florida Statutes (1977). On cross-appeal,
17 So. 3d 839, 2009 Fla. App. LEXIS 12525, 2009 WL 2601635
District Court of Appeal of Florida | Filed: Aug 26, 2009 | Docket: 60249245
Published
a cable television agreement, pursuant to section 718.302, Fla. Stat. (2002).1 It raises numerous issues
626 So. 2d 229, 1993 Fla. App. LEXIS 5968, 1993 WL 182518
District Court of Appeal of Florida | Filed: Jun 2, 1993 | Docket: 64743882
Published
appeal of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to
876 F.2d 1455
Court of Appeals for the Eleventh Circuit | Filed: May 26, 1989 | Docket: 66245391
Published
out of his coal mine employment. See 20 C.F.R. § 718.302. The AU found, however, that Jordan had not established
513 So. 2d 1324, 1987 Fla. App. LEXIS 12219, 12 Fla. L. Weekly 2352
District Court of Appeal of Florida | Filed: Sep 30, 1987 | Docket: 64630251
Published
of whether a condominium association, under section 718.302, Florida Statutes (1985), can cancel recorded
507 So. 2d 622, 12 Fla. L. Weekly 980, 1987 Fla. App. LEXIS 7560
District Court of Appeal of Florida | Filed: Apr 8, 1987 | Docket: 64627314
Published
(The section involved in the instant case is section 718.-302(5), formerly section 711.231, which makes
493 So. 2d 1128, 11 Fla. L. Weekly 2000, 1986 Fla. App. LEXIS 9705
District Court of Appeal of Florida | Filed: Sep 17, 1986 | Docket: 64621535
Published
to cancel the easement rights pursuant to section 718.302, Florida Statutes (1983). The Congregation
485 So. 2d 1307, 11 Fla. L. Weekly 598, 1986 Fla. App. LEXIS 6723
District Court of Appeal of Florida | Filed: Mar 4, 1986 | Docket: 64618374
Published
that the lease agreement was in violation of section 718.302(2), Florida Statutes (1983).
The case was tried
484 So. 2d 613, 11 Fla. L. Weekly 310, 1986 Fla. App. LEXIS 6120
District Court of Appeal of Florida | Filed: Jan 31, 1986 | Docket: 64617870
Published
breach of the lease, appellee argued below that section 718.302(l)(e)lc, Florida Statutes (1983), expressly
432 So. 2d 654, 1983 Fla. App. LEXIS 19489
District Court of Appeal of Florida | Filed: Jun 1, 1983 | Docket: 64597411
Published
units. § 718.301, Fla. Stat. (1981). See also section 718.302, Florida Statutes (1981), for frequent references
