Florida Statute 718.3025 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.3025

718.3025 Agreements for operation, maintenance, or management of condominiums; specific requirements.—

(1) No written contract between a party contracting to provide maintenance or management services and an association which contract provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be valid or enforceable unless the contract:

(a) Specifies the services, obligations, and responsibilities of the party contracting to provide maintenance or management services to the unit owners.

(b) Specifies those costs incurred in the performance of those services, obligations, or responsibilities which are to be reimbursed by the association to the party contracting to provide maintenance or management services.

(c) Provides an indication of how often each service, obligation, or responsibility is to be performed, whether stated for each service, obligation, or responsibility or in categories thereof.

(d) Specifies a minimum number of personnel to be employed by the party contracting to provide maintenance or management services for the purpose of providing service to the association.

(e) Discloses any financial or ownership interest which the developer, if the developer is in control of the association, holds with regard to the party contracting to provide maintenance or management services.

(f) Discloses any financial or ownership interest a board member or any party providing maintenance or management services to the association holds with the contracting party.

(2) In any case in which the party contracting to provide maintenance or management services fails to provide such services in accordance with the contract, the association is authorized to procure such services from some other party and shall be entitled to collect any fees or charges paid for service performed by another party from the party contracting to provide maintenance or management services.

(3) Any services or obligations not stated on the face of the contract shall be unenforceable.

(4) Notwithstanding the fact that certain vendors contract with associations to maintain equipment or property which is made available to serve unit owners, it is the intent of the Legislature that this section applies to contracts for maintenance or management services for which the association pays compensation. This section does not apply to contracts for services or property made available for the convenience of unit owners by lessees or licensees of the association, such as coin-operated laundry, food, soft drink, or telephone vendors; cable television operators; retail store operators; businesses; restaurants; or similar vendors.

(5) A party contracting to provide maintenance or management services to an association managing a residential condominium after transfer of control of the association, as provided in s. 718.301, which is not a timeshare condominium association, or an officer or board member of such party, may not purchase a unit at a foreclosure sale resulting from the association’s foreclosure of association lien for unpaid assessments or take a deed in lieu of foreclosure. If 50 percent or more of the units in the condominium are owned by a party contracting to provide maintenance or management services to an association managing a residential condominium after transfer of control of the association, as provided in s. 718.301, which is not a timeshare condominium association, or by an officer or board member of such party, the contract with the party providing maintenance or management services may be canceled by a majority vote of the unit owners other than the contracting party or an officer or board member of such party.

History.—s. 5, ch. 78-340; s. 12, ch. 79-314; s. 7, ch. 86-175; s. 18, ch. 2008-28; s. 5, ch. 2017-188.

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Amendments to 718.3025

Arrestable Offenses / Crimes under Fla. Stat. 718.3025

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.3025.

Annotations, Discussions, Cases:

Cases Citing Statute 718.3025

Total Results: 8

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: ” Compare §§ 718.115(1)(d), 718.301(4)(n), and 718.3025(4), Fla. Stat. (“service contracts”) with § 718

GEL Corp. v. Dept. of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 2004-06-04

Citation: 875 So. 2d 1257, 2004 Fla. App. LEXIS 7940

Snippet: interpretation after the original enactment of section 718.3025 which the legislature believed was contrary to

Brown v. MRS Manufacturing Co.

Court: District Court of Appeal of Florida | Date Filed: 1993-04-21

Citation: 617 So. 2d 758, 1993 Fla. App. LEXIS 4482, 1993 WL 120361

Snippet: without modifying the original wording of section 718.3025. We have previously said that courts may consider

Woods v. Carpet Restorations, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1992-12-30

Citation: 611 So. 2d 1303, 1992 WL 385452

Snippet: organizations with which it might contract under section 718.3025, Florida Statutes (1991) for operation, maintenance

Palma Del Mar Condominium Ass'n v. Commercial Laundries of West Fla., Inc.

Court: Supreme Court of Florida | Date Filed: 1991-08-15

Citation: 586 So. 2d 315, 1991 WL 155127

Snippet: Second District Court of Appeal held that section 718.3025, Florida Statutes (1985), entitled "Agreements

Commercial Laundries of West Florida, Inc. v. Palma Del Mar Condominium Ass'n 5 of St. Petersburg, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1990-05-11

Citation: 561 So. 2d 1233, 1990 Fla. App. LEXIS 3225, 1990 WL 60903

Snippet: third district court’s interpretation of section 718.3025, Florida Statutes (1985), in Wash-Bowl Vending

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: lease agreement violated the provisions of section 718.3025, Florida Statutes (1985), and the second count

Rebholz v. Metrocare, Inc.

Court: Supreme Court of Florida | Date Filed: 1981-04-16

Citation: 397 So. 2d 677, 1981 Fla. LEXIS 2643

Snippet: placed in issue the effect and validity of section 718.3025, Florida Statutes (1978 Supp.), which was enacted