Florida Statutes
Fla. Stat. § 718.302 (2025)
Agreements entered into by the association.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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 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.
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1977–2021 · leading case: Clearwater Key Ass'n-South Beach, Inc. v. Thacker, 431 So. 2d 641 (Fla. 2d DCA 1983).
Clearwater Key Ass'n-South Beach, Inc. v. Thacker, 431 So. 2d 641 (Fla. 2d DCA 1983). “The Thackers, however, citing section 718.302(1)(a), Florida Statutes (1977), contend that the decision of whether to terminate a management agreement made by an association prior to assumption of control of the association by unit owners other than the developer [1] rests…”
Tri-Props., Inc. v. Moonspinner Condo. Ass'n, 447 So. 2d 965 (Fla. 1st DCA 1984). “The trial court ruled, and we agree, that it was unnecessary for the association to prove breach of contract, or that it was unfair or unreasonable, in order to exercise the right of cancellation under Section 718.302, Florida Statutes (1981).”
Breakers of Fort Walton Beach Condos., Inc. v. Atl. BEACH MGMT., INC., 552 So. 2d 274 (Fla. 1st DCA 1989). “[3] Section 718.302, Florida Statutes (1987), provides in part: (1) [A]ny 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…”
RBF Mgmt. Co. v. Sunshine Towers Apt. Residences Ass'n, Inc., 352 So. 2d 561 (Fla. 2d DCA 1977). “66(5)(e), Florida Statutes (now § 718.302(2)). 3. In Count IV on the inclusion of an escalation clause of the type prohibited by Section 711.”
Ainslie at Century Vill. Condo. Ass'n v. Levy, 626 So. 2d 229 (Fla. 4th DCA 1993). “This is an appeal of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to certain long term leases and Master Management Agreements entered into by condominium unit owners, thus precluding the unit owners from exercising control over…”
Alt. Dev. v. St. Lucie Club & Apt., 608 So. 2d 822 (Fla. 4th DCA 1992). “As to the first issue, we agree with the trial court and hold that appellees were entitled to an award of attorney's fees under section 718.302(6). In their offer of judgment, appellants offered to surrender corporate control of the Master Association, but did not offer to give…”
2000 Condo. Ass'n v. Residences at Sloan's Curve, Inc., 513 So. 2d 1324 (Fla. 4th DCA 1987). “Before us is the question of whether a condominium association, under section 718.302, Florida Statutes (1985), can cancel recorded easements granted by the developer to third parties prior to, or simultaneously with, the creation of the association and referred to in the…”
A-one Coin Laundry Equip. Co. v. Waterside Towers Condo. Ass'n, Inc., 561 So. 2d 590 (Fla. 3d DCA 1990). “See § 718.302, Fla. Stat. (1987). After A-One declined to vacate the premises, Waterside brought an action for eviction in county court.”
Ainslie at Century Vill. Condo v. Levy, 626 So. 2d 229 (Fla. 4th DCA 1993). “This is an appeal of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to certain long term leases and Master Management Agreements entered into by condominium unit owners, thus precluding the unit owners from exercising control over…”
Country Manors Ass'n v. MASTER ANTENNA SYS., 458 So. 2d 835 (Fla. 4th DCA 1984). “However, the Association effectively exercised its statutory rights to terminate any of its agreements with MAS pursuant to Section 718.302, Florida Statutes (1983).”
Comcast of Florida, L.P. v. L'Ambiance Beach Condo. Ass'n, 17 So. 3d 839 (Fla. 4th DCA 2009). “(“service contracts”) with § 718.302, Fla. Stat. (“operation, maintenance, or management of a condominium association or property serving the unit owners”).”
Jupiter Ocean & Racquet Club Condo. Ass'n v. Courtside Props. of Palm Beach, LLC, 17 So. 3d 854 (Fla. 4th DCA 2009). “It argues the trial court erred in finding the association time-barred from cancelling a lease, pursuant to section 718.302, Florida Statutes (1977).”
— 718.302(1) — 5 cases
Tri-Props., Inc. v. Moonspinner Condo. Ass'n, 447 So. 2d 965 (Fla. 1st DCA 1984). “The trial court ruled, and we agree, that it was unnecessary for the association to prove breach of contract, or that it was unfair or unreasonable, in order to exercise the right of cancellation under Section 718.302, Florida Statutes (1981).”
Ainslie at Century Vill. Condo. Ass'n v. Levy, 626 So. 2d 229 (Fla. 4th DCA 1993). “This is an appeal of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to certain long term leases and Master Management Agreements entered into by condominium unit owners, thus precluding the unit owners from exercising control over…”
Ainslie at Century Vill. Condo v. Levy, 626 So. 2d 229 (Fla. 4th DCA 1993). “This is an appeal of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to certain long term leases and Master Management Agreements entered into by condominium unit owners, thus precluding the unit owners from exercising control over…”
Jupiter Ocean & Racquet Club Condo. Ass'n v. Courtside Props. of Palm Beach, LLC, 17 So. 3d 854 (Fla. 4th DCA 2009). “It argues the trial court erred in finding the association time-barred from cancelling a lease, pursuant to section 718.302, Florida Statutes (1977).”
Comcast of Florida, L.P. v. L'Ambiance Beach Condo. Ass'n, 17 So. 3d 839 (Fla. 4th DCA 2009). “(“service contracts”) with § 718.302, Fla. Stat. (“operation, maintenance, or management of a condominium association or property serving the unit owners”).”
— 718.302(1)(a) — 1 case
Clearwater Key Ass'n-South Beach, Inc. v. Thacker, 431 So. 2d 641 (Fla. 2d DCA 1983). “The Thackers, however, citing section 718.302(1)(a), Florida Statutes (1977), contend that the decision of whether to terminate a management agreement made by an association prior to assumption of control of the association by unit owners other than the developer [1] rests…”
— 718.302(1)(d) — 1 case
Ainslie at Century Vill. Condo v. Levy, 626 So. 2d 229 (Fla. 4th DCA 1993). “This is an appeal of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to certain long term leases and Master Management Agreements entered into by condominium unit owners, thus precluding the unit owners from exercising control over…”
— 718.302(1)(e) — 1 case
A-one Coin Laundry Equip. Co. v. Waterside Towers Condo. Ass'n, Inc., 561 So. 2d 590 (Fla. 3d DCA 1990). “See § 718.302, Fla. Stat. (1987). After A-One declined to vacate the premises, Waterside brought an action for eviction in county court.”
— 718.302(2) — 3 cases
RBF Mgmt. Co. v. Sunshine Towers Apt. Residences Ass'n, Inc., 352 So. 2d 561 (Fla. 2d DCA 1977). “66(5)(e), Florida Statutes (now § 718.302(2)). 3. In Count IV on the inclusion of an escalation clause of the type prohibited by Section 711.”
Wash-Bowl Vending Co. v. No. 3 Condo. Ass'n, Vill. Green, 485 So. 2d 1307 (Fla. 3d DCA 1986).
Outdoor Resorts, Etc. v. Outdoor Resorts, Etc., 379 So. 2d 471 (Fla. 4th DCA 1980).
— 718.302(3) — 3 cases
RBF Mgmt. Co. v. Sunshine Towers Apt. Residences Ass'n, Inc., 352 So. 2d 561 (Fla. 2d DCA 1977). “66(5)(e), Florida Statutes (now § 718.302(2)). 3. In Count IV on the inclusion of an escalation clause of the type prohibited by Section 711.”
Breakers of Fort Walton Beach Condos., Inc. v. Atl. BEACH MGMT., INC., 552 So. 2d 274 (Fla. 1st DCA 1989). “[3] Section 718.302, Florida Statutes (1987), provides in part: (1) [A]ny 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…”
Ocean Point Beach Club Condo. Ass'n, Inc. v. Kelco/F.B. Ocean Point, LLC, 251 So. 3d 961 (Fla. 3d DCA 2018).
— 718.302(4) — 1 case
Breakers of Fort Walton Beach Condos., Inc. v. Atl. BEACH MGMT., INC., 552 So. 2d 274 (Fla. 1st DCA 1989). “[3] Section 718.302, Florida Statutes (1987), provides in part: (1) [A]ny 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…”
— 718.302(6) — 2 cases
Alt. Dev. v. St. Lucie Club & Apt., 608 So. 2d 822 (Fla. 4th DCA 1992). “As to the first issue, we agree with the trial court and hold that appellees were entitled to an award of attorney's fees under section 718.302(6). In their offer of judgment, appellants offered to surrender corporate control of the Master Association, but did not offer to give…”
Breakers of Fort Walton Beach Condos., Inc. v. Atl. BEACH MGMT., INC., 552 So. 2d 274 (Fla. 1st DCA 1989). “[3] Section 718.302, Florida Statutes (1987), provides in part: (1) [A]ny 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…”
— 718.302(a) — 1 case
RBF Mgmt. Co. v. Sunshine Towers Apt. Residences Ass'n, Inc., 352 So. 2d 561 (Fla. 2d DCA 1977). “66(5)(e), Florida Statutes (now § 718.302(2)). 3. In Count IV on the inclusion of an escalation clause of the type prohibited by Section 711.”
— 718.302(l)(c) — 1 case
Jupiter Ocean & Racquet Club Condo. Ass'n v. Courtside Props. of Palm Beach, LLC, 17 So. 3d 854 (Fla. 4th DCA 2009). “It argues the trial court erred in finding the association time-barred from cancelling a lease, pursuant to section 718.302, Florida Statutes (1977).”
— 718.302(l)(e) — 1 case
Bay & Gulf Laundry Equip. Co. v. Chateau Tower, Inc., 484 So. 2d 613 (Fla. 2d DCA 1986).
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