Florida Statute 718.302 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.302

718.302 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 prior to 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 not less than 75 percent of the voting interests in the condominium, the cancellation shall be by concurrence of the owners of not less than 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 shall 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 a condominium operated by the association, 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 of the voting interests in the condominium other than the voting interests owned by the developer. No 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 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.

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Amendments to 718.302

Arrestable Offenses / Crimes under Fla. Stat. 718.302

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.302.

Annotations, Discussions, Cases:

Cases Citing Statute 718.302

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2021-11-10

Snippet: argument, the Association asserts that section 718.302, Florida Statutes (2021), entitled, “Agreements

Ocean Point Beach Club Condo. Ass'n, Inc. v. Kelco/F.B. Ocean Point, LLC

Court: District Court of Appeal of Florida | Date Filed: 2018-06-20

Citation: 251 So. 3d 961

Snippet: 1981) ) (additional citations omitted). See also § 718.302(3), Fla. Stat. (2017) (providing that a "grant

Grove Isle Ass'n v. Grove Isle Associates, LLLP

Court: District Court of Appeal of Florida | Date Filed: 2014-03-26

Citation: 137 So. 3d 1081, 2014 WL 1230326, 2014 Fla. App. LEXIS 4401

Snippet: unenforceable, pursuant to sections 718.122 and 718.302, Florida Statutes. The Condominium Association

Jupiter Ocean & Racquet Club Condominium Ass'n v. Courtside Properties of Palm Beach, LLC

Court: District Court of Appeal of Florida | Date Filed: 2009-09-02

Citation: 17 So. 3d 854, 2009 Fla. App. LEXIS 12818, 2009 WL 2762686

Snippet: time-barred from cancelling a lease, pursuant to section 718.302, Florida Statutes (1977). On cross-appeal, the

Comcast of Florida, L.P. v. L'Ambiance Beach Condominium Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2009-08-26

Citation: 17 So. 3d 839, 2009 Fla. App. LEXIS 12525, 2009 WL 2601635

Snippet: cable television agreement, pursuant to section 718.302, Fla. Stat. (2002).1 It raises numerous issues

Ainslie at Century Village Condominium Ass'n v. Levy

Court: District Court of Appeal of Florida | Date Filed: 1993-06-02

Citation: 626 So. 2d 229, 1993 Fla. App. LEXIS 5968, 1993 WL 182518

Snippet: of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to certain

AINSLIE AT CENTURY VILLAGE CONDO v. Levy

Court: District Court of Appeal of Florida | Date Filed: 1993-06-02

Citation: 626 So. 2d 229

Snippet: of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to certain

Alternative Dev. v. St. Lucie Club & Apt.

Court: District Court of Appeal of Florida | Date Filed: 1992-07-29

Citation: 608 So. 2d 822

Snippet: entitled to an award of attorney's fees under section 718.302(6). In their offer of judgment, appellants offered

A-One Coin Laundry Equipment Co. v. WATERSIDE TOWERS CONDOMINIUM ASS'N, INC.

Court: District Court of Appeal of Florida | Date Filed: 1990-02-27

Citation: 561 So. 2d 590, 1990 Fla. App. LEXIS 1215, 1990 WL 17494

Snippet: that year, Waterside terminated the lease. See § 718.302, Fla. Stat. (1987). After A-One declined to vacate

Breakers of Fort Walton Beach Condominiums, Inc. v. ATLANTIC BEACH MGMT., INC.

Court: District Court of Appeal of Florida | Date Filed: 1989-11-14

Citation: 552 So. 2d 274, 1989 WL 135530

Snippet: not fair and reasonable as required by Section 718.302(4), Florida Statutes (1987), and that the terms

2000 Condominium Ass'n v. Residences at Sloan's Curve, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-09-30

Citation: 513 So. 2d 1324, 1987 Fla. App. LEXIS 12219, 12 Fla. L. Weekly 2352

Snippet: whether a condominium association, under section 718.302, Florida Statutes (1985), can cancel recorded easements

Halpern v. Retirement Builders, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-04-08

Citation: 507 So. 2d 622, 12 Fla. L. Weekly 980, 1987 Fla. App. LEXIS 7560

Snippet: section involved in the instant case is section 718.-302(5), formerly section 711.231, which makes a similar

Hastings F Condominium Ass'n v. Perlman

Court: District Court of Appeal of Florida | Date Filed: 1986-09-17

Citation: 493 So. 2d 1128, 11 Fla. L. Weekly 2000, 1986 Fla. App. LEXIS 9705

Snippet: cancel the easement rights pursuant to section 718.302, Florida Statutes (1983). The Congregation and

Wash-Bowl Vending Co. v. No. 3 Condominium Ass'n, Village Green

Court: District Court of Appeal of Florida | Date Filed: 1986-03-04

Citation: 485 So. 2d 1307, 11 Fla. L. Weekly 598, 1986 Fla. App. LEXIS 6723

Snippet: the lease agreement was in violation of section 718.302(2), Florida Statutes (1983). The case was tried

Bay & Gulf Laundry Equipment Co. v. Chateau Tower, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1986-01-31

Citation: 484 So. 2d 613, 11 Fla. L. Weekly 310, 1986 Fla. App. LEXIS 6120

Snippet: the lease, appellee argued below that section 718.302(l)(e)lc, Florida Statutes (1983), expressly limits

Country Manors Ass'n v. MASTER ANTENNA SYS.

Court: District Court of Appeal of Florida | Date Filed: 1984-11-07

Citation: 458 So. 2d 835

Snippet: of its agreements with MAS pursuant to Section 718.302, Florida Statutes (1983). See also § 711.66, Fla

Tri-Properties, Inc. v. Moonspinner Condo. Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1984-03-16

Citation: 447 So. 2d 965

Snippet: exercise the right of cancellation under Section 718.302, Florida Statutes (1981). The facts, briefly, are

Sweetwater Oaks Condominium Ass'n v. Creative Concepts of Tampa, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1983-06-01

Citation: 432 So. 2d 654, 1983 Fla. App. LEXIS 19489

Snippet: § 718.301, Fla. Stat. (1981). See also section 718.302, Florida Statutes (1981), for frequent references

Clearwater Key Ass'n-South Beach, Inc. v. Thacker

Court: District Court of Appeal of Florida | Date Filed: 1983-04-20

Citation: 431 So. 2d 641

Snippet: in 1978. The Thackers, however, citing section 718.302(1)(a), Florida Statutes (1977), contend that the

Outdoor Resorts, Etc. v. Outdoor Resorts, Etc.

Court: District Court of Appeal of Florida | Date Filed: 1980-02-06

Citation: 379 So. 2d 471, 1980 Fla. App. LEXIS 15528

Snippet: the provision is unconscionable under Section 718.302(2), Florida Statutes (1977). In fact the affirmative