Florida Statute 718.303 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

View Entire Chapter

F.S. 718.303

718.303 Obligations of owners and occupants; remedies.—

(1) Each unit owner, tenant and other invitee, and association is governed by, and must comply with the provisions of, this chapter, the declaration, the documents creating the association, and the association bylaws which are expressly incorporated into any lease of a unit. Actions at law or in equity, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against:

(a) The association.

(b) A unit owner.

(c) Directors designated by the developer, for actions taken by them before control of the association is assumed by unit owners other than the developer.

(d) Any director who willfully and knowingly fails to comply with these provisions.

(e) Any tenant leasing a unit, and any other invitee occupying a unit.

The prevailing party in any such action or in any action in which the purchaser claims a right of voidability based upon contractual provisions as required in s. 718.503(1)(a) is entitled to recover reasonable attorney fees. A unit owner prevailing in an action between the association and the unit owner under this subsection, in addition to recovering his or her reasonable attorney fees, may recover additional amounts as determined by the court to be necessary to reimburse the unit owner for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. Actions arising under this subsection are not considered actions for specific performance.

(2) A provision of this chapter may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision, except that unit owners or members of a board of administration may waive notice of specific meetings in writing if provided by the bylaws. Any instruction given in writing by a unit owner or purchaser to an escrow agent may be relied upon by an escrow agent, whether or not such instruction and the payment of funds thereunder might constitute a waiver of any provision of this chapter.

(3) The association may levy reasonable fines for the failure of the owner of the unit or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may not become a lien against a unit. A fine may be levied by the board on the basis of each day of a continuing violation, with a single notice and opportunity for hearing before a committee as provided in paragraph (b). However, the fine may not exceed $100 per violation, or $1,000 in the aggregate.

(a) An association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators.

(b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ written notice to the unit owner and, if applicable, any tenant, licensee, or invitee of the unit owner sought to be fined or suspended, and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the committee does not approve the proposed fine or suspension by majority vote, the fine or suspension may not be imposed. If the proposed fine or suspension is approved by the committee, the fine payment is due 5 days after notice of the approved fine is provided to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner. The association must provide written notice of such fine or suspension by mail or hand delivery to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner.

(4) If a unit owner is more than 90 days delinquent in paying a fee, fine, or other monetary obligation due to the association, the association may suspend the right of the unit owner or the unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators. The notice and hearing requirements under subsection (3) do not apply to suspensions imposed under this subsection.

(5) An association may suspend the voting rights of a unit owner or member due to nonpayment of any fee, fine, or other monetary obligation due to the association which is more than $1,000 and more than 90 days delinquent. Proof of such obligation must be provided to the unit owner or member 30 days before such suspension takes effect. At least 90 days before an election, an association must notify a unit owner or member that his or her voting rights may be suspended due to a nonpayment of a fee or other monetary obligation. A voting interest or consent right allocated to a unit owner or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the declaration, articles of incorporation, or bylaws. The suspension ends upon full payment of all obligations currently due or overdue the association. The notice and hearing requirements under subsection (3) do not apply to a suspension imposed under this subsection.

(6) All suspensions imposed pursuant to subsection (4) or subsection (5) must be approved at a properly noticed board meeting. Upon approval, the association must notify the unit owner and, if applicable, the unit’s occupant, licensee, or invitee by mail or hand delivery.

(7) The suspensions permitted by paragraph (3)(a) and subsections (4) and (5) apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple units owned by a member.

(8) A receiver may not exercise voting rights of any unit owner whose unit is placed in receivership for the benefit of the association pursuant to this chapter.

History.—s. 1, ch. 76-222; s. 1, ch. 77-174; s. 12, ch. 84-368; s. 16, ch. 90-151; s. 14, ch. 91-103; s. 5, ch. 91-426; s. 11, ch. 92-49; s. 864, ch. 97-102; s. 14, ch. 2003-14; s. 20, ch. 2008-28; s. 16, ch. 2010-174; s. 8, ch. 2011-196; s. 6, ch. 2013-188; s. 10, ch. 2015-97; s. 7, ch. 2017-188; s. 7, ch. 2018-96; s. 11, ch. 2021-99; s. 19, ch. 2024-244.

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F.S. 718.303 on CourtListener

Amendments to 718.303

Annotations, Discussions, Cases:

Cases Citing Statute 718.303

Total Results: 125

Florida Patient's Compensation Fund v. Rowe

472 So. 2d 1145, 53 U.S.L.W. 2573, 10 Fla. L. Weekly 249, 1985 Fla. LEXIS 3238

Supreme Court of Florida | Filed: May 2, 1985 | Docket: 1793751

Cited 872 times | Published

enforcement); § 77.28, Fla. Stat. (1983) (garnishment); § 718.303, Fla. Stat. (Supp. 1984) (condominium actions);

Walters v. Blankenship

931 So. 2d 137, 2006 WL 1144385

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 2452539

Cited 23 times | Published

restrictive covenants for the condominium. Section 718.303(1), Florida Statutes (2005), imposes upon each

Saul v. Basse

399 So. 2d 130

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 1652288

Cited 22 times | Published

would be entitled to an attorney's fee under section 718.303, Florida Statutes.[1] In 1979 a final judgment

Towerhouse Condominium, Inc. v. Millman

475 So. 2d 674, 10 Fla. L. Weekly 389, 1985 Fla. LEXIS 3666

Supreme Court of Florida | Filed: Aug 15, 1985 | Docket: 1302127

Cited 21 times | Published

petitioned for attorneys' fees pursuant to section 718.303(1), Florida Statutes (1977). The respondents

51 Island Way Condo. Ass'n v. Williams

458 So. 2d 364

District Court of Appeal of Florida | Filed: Oct 24, 1984 | Docket: 1453181

Cited 20 times | Published

term "prevailing party" in the context of section 718.303(1), Florida Statutes (1979), the Condominium

Baratta v. VALLEY OAK HOMEOWNERS'ASS'N

891 So. 2d 1063, 2004 WL 2633598

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 691854

Cited 19 times | Published

Valley Oak requested attorney's fees, citing section 718.303, Florida Statutes (2003), and section 11.6

Rados v. Rados

791 So. 2d 1130, 2001 WL 331984

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 1655865

Cited 19 times | Published

(enforcement of lien or claim against a bond); § 718.303, Fla.Stat. (1999) (actions involving condominium

Rados v. Rados

791 So. 2d 1130, 2001 WL 331984

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 1655865

Cited 19 times | Published

(enforcement of lien or claim against a bond); § 718.303, Fla.Stat. (1999) (actions involving condominium

Tubbs v. Mechanik Nuccio Hearne & Wester, P.A.

125 So. 3d 1034, 2013 WL 3835838, 2013 Fla. App. LEXIS 11736

District Court of Appeal of Florida | Filed: Jul 26, 2013 | Docket: 60235642

Cited 17 times | Published

a “prevailing party” within the meaning of section 718.303(1) because he paid the substantial part of

Alhambra Homeowners Ass'n, Inc. v. Asad

943 So. 2d 316, 2006 WL 3613693

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 202779

Cited 16 times | Published

prevailing party provision in condominium statute, section 718.303, Florida Statutes (1993)); Hatch v. Dance,

Tower House Condominium, Inc. v. Millman

410 So. 2d 926

District Court of Appeal of Florida | Filed: May 5, 1981 | Docket: 477995

Cited 16 times | Published

entitled to recover reasonable attorney's fees. Section 718.303(1), supra. AFFIRMED. NOTES [1] Appellant notes

Padow v. KNOLLWOOD CLUB ASSOCIATION, INC.

839 So. 2d 744, 2003 WL 187124

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 1707772

Cited 15 times | Published

public importance concerning the application of section 718.303(1), Florida Statutes (2001). We rephrase the

McKelvey v. Kismet, Inc.

430 So. 2d 919

District Court of Appeal of Florida | Filed: Apr 19, 1983 | Docket: 445933

Cited 15 times | Published

the purpose of attorney's fees provided by Section 718. 303(1) of the Act. The illogic of the rule adopted

Dolphin Towers Condominium Ass'n v. Del Bene

388 So. 2d 1268

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 420020

Cited 14 times | Published

purposes of an award of attorney fees under Section 718.303, Florida Statutes (1979). We answer in the

STATE, DEPT. OF HEALTH & REHAB. SERV. v. Hall

409 So. 2d 193

District Court of Appeal of Florida | Filed: Feb 2, 1982 | Docket: 525643

Cited 13 times | Published

388 So.2d 1268 (Fla.2d DCA 1980) [construing Section 718.303(1), Florida Statutes (1979)]; MacBain v. Bowling

Sonny Boy, LLC v. Asnani

879 So. 2d 25, 2004 Fla. App. LEXIS 8418, 2004 WL 1175221

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1514421

Cited 12 times | Published

both himself and Lovell as directors under section 718.303(1)(c), they are held to a stricter standard

Angora Enterprises, Inc. v. Cole

439 So. 2d 832

Supreme Court of Florida | Filed: Jun 16, 1983 | Docket: 1677849

Cited 12 times | Published

petitioned for attorneys' fees. Pursuant to section 718.303(1), Florida Statutes (1981) and the terms of

Angora Enterprises, Inc. v. Cole

439 So. 2d 832

Supreme Court of Florida | Filed: Jun 16, 1983 | Docket: 1677849

Cited 12 times | Published

petitioned for attorneys' fees. Pursuant to section 718.303(1), Florida Statutes (1981) and the terms of

Hollywood Towers Condominium Ass'n v. Hampton

40 So. 3d 784, 2010 Fla. App. LEXIS 9108, 2010 WL 2509178

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 1667160

Cited 11 times | Published

of chapter 718 is itself a harm for which section 718.303 authorizes injunctive relief." Mitchell v.

Ocean Trail Unit Owners Ass'n v. Mead

650 So. 2d 4, 1994 WL 620851

Supreme Court of Florida | Filed: Nov 10, 1994 | Docket: 1346470

Cited 11 times | Published

proposal is particularly unworkable in light of section 718.303(1)(e), Florida Statutes, (1993). Although this

Simmons v. Schimmel

476 So. 2d 1342, 10 Fla. L. Weekly 2319

District Court of Appeal of Florida | Filed: Oct 8, 1985 | Docket: 1277553

Cited 11 times | Published

the fee award to the association pursuant to section 718.303, Florida Statutes (1981), finding that "in

Scudder v. Greenbrier C. Condo. Ass'n

663 So. 2d 1362, 1995 WL 701010

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 1313679

Cited 10 times | Published

for attorney's fees and costs pursuant to section 718.303, Florida Statutes (1989). Subsequently, the

Schmeck v. Sea Oats Condo. Ass'n, Inc.

441 So. 2d 1092

District Court of Appeal of Florida | Filed: Oct 27, 1983 | Docket: 1332716

Cited 10 times | Published

§ 718.113(2) & (3), Fla. Stat. (1981). [5] § 718.303(1), Fla. Stat. (1981). [6] Section 11, Declaration

FOUNTAINS OF PALM BEACH CONDOMINIUM, ETC. v. Farkas

355 So. 2d 163

District Court of Appeal of Florida | Filed: Feb 14, 1978 | Docket: 1361210

Cited 10 times | Published

condominium elements at the owner's expense. *164 Section 718.303(1), Florida Statutes (Supp. 1976), mandates

Di Paola v. Beach Terrace Ass'n, Inc.

718 So. 2d 1275, 1998 WL 712449

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 1515126

Cited 9 times | Published

parties for purposes of attorney's fees under section 718.303, Florida Statutes (1995). We agree with both

Perlow v. Goldberg

700 So. 2d 148, 1997 WL 631301

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 1373141

Cited 8 times | Published

(1995);[1] § 607.0831(1), Fla. Stat.(1995);[2] § 718.303(1)(d), Fla. Stat. (1995).[3] *150 The court below

Constellation Condo. Assoc., Inc. v. Harrington

467 So. 2d 378, 10 Fla. L. Weekly 759

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 1274575

Cited 8 times | Published

attorneys' fees under the Condominium Act, section 718.303, Florida Statutes (1983). We agree with the

Olympian West Condominium Association, Inc. v. Kramer

427 So. 2d 1039

District Court of Appeal of Florida | Filed: Mar 1, 1983 | Docket: 289612

Cited 8 times | Published

allegedly created by the developer itself. See Section 718.303(1)(c), Florida Statutes (1981). The decisions

BACON FAMILY PARTNERS v. Apollo Condominium Ass'n, Inc.

852 So. 2d 882, 2003 WL 21766526

District Court of Appeal of Florida | Filed: Aug 1, 2003 | Docket: 1305633

Cited 7 times | Published

entitled to injunctive relief pursuant to Section 718.303(1), Florida Statutes. Defendant, BACON, and

BRICKELL BAY CLUB CONDO. ASS'N v. Hernstadt

512 So. 2d 994, 12 Fla. L. Weekly 2041

District Court of Appeal of Florida | Filed: Aug 18, 1987 | Docket: 473382

Cited 7 times | Published

Declaration of Condominium is a requirement of section 718.303(1), Florida Statutes (1985), for the governance

CURCI VILLAGE CONDOMINIUM ASSN. v. Maria

14 So. 3d 1175, 2009 Fla. App. LEXIS 8826, 2009 WL 1675858

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1650956

Cited 6 times | Published

modifications. She also sought damages pursuant to section 718.303, Florida Statutes, due to her being forced

Raines v. Palm Beach Leisureville Com. Ass'n

413 So. 2d 30, 1982 Fla. LEXIS 2408

Supreme Court of Florida | Filed: Apr 8, 1982 | Docket: 1702931

Cited 6 times | Published

association is not liable for attorneys' fees under section 718.303(1). Leisureville is a planned community consisting

Lake Tippecanoe Owners Association, Inc. v. Hanauer

494 So. 2d 226, 11 Fla. L. Weekly 1683, 1986 Fla. App. LEXIS 9119

District Court of Appeal of Florida | Filed: Jul 30, 1986 | Docket: 1510798

Cited 5 times | Published

to reasonable attorney's fees pursuant to section 718.303(1)(d), Florida Statutes (1985). This case involves

Del Valle v. Biltmore II Condominium Ass'n

411 So. 2d 1356

District Court of Appeal of Florida | Filed: Apr 6, 1982 | Docket: 1696836

Cited 5 times | Published

awarded attorney's fees and costs pursuant to Section 718.303(1), Florida Statutes (1979). It is from that

Hobbs v. Weinkauf

940 So. 2d 1151, 2006 WL 2457204

District Court of Appeal of Florida | Filed: Aug 25, 2006 | Docket: 1524049

Cited 4 times | Published

§ 718.111(12)(a)(11)(b) (emphasis added). Section 718.303 provides, among other things, that a unit owner

Park Lane Condominium Ass'n, Inc. v. DePadua

558 So. 2d 85, 1990 Fla. App. LEXIS 1340, 1990 WL 19927

District Court of Appeal of Florida | Filed: Feb 28, 1990 | Docket: 1726310

Cited 4 times | Published

attorneys' fees as a prevailing party under Section 718.303, Florida Statutes (1987). We reverse. *86 The

Mcclendon v. Drummond Coal Company

861 F.2d 1512, 1988 U.S. App. LEXIS 17201

Court of Appeals for the Eleventh Circuit | Filed: Dec 20, 1988 | Docket: 279424

Cited 4 times | Published

pneumoconiosis within the meaning of 20 C.F.R. section 718.303. That section entitles a claimant to a rebuttable

Miami Lincoln Mercury v. Kramer

399 So. 2d 1003, 1981 Fla. App. LEXIS 19871

District Court of Appeal of Florida | Filed: May 19, 1981 | Docket: 1652436

Cited 4 times | Published

Statutes (1979); § 713.29 Florida Statutes (1979); § 718.303(1) Florida Statutes (1979). [2] § 817.415 Florida

Mitchell v. BEACH CLUB OF HALLANDALE CONDO. ASSOC. INC.

17 So. 3d 1265, 2009 Fla. App. LEXIS 14080

District Court of Appeal of Florida | Filed: Sep 23, 2009 | Docket: 1645473

Cited 3 times | Published

enforcement permanently, not temporarily. Section 718.303(1), Florida Statutes, permits a unit owner

Sorrentino v. River Run Condominium Ass'n

925 So. 2d 1060, 2006 Fla. App. LEXIS 2992, 2006 WL 503292

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 1516992

Cited 3 times | Published

entitled to recover reasonable attorney's fees. § 718.303(1), Fla. Stat. (2002). Where there is a party

Lennar Homes, Inc. v. DEPART. OF BUSIN. AND PROF.

888 So. 2d 50, 2004 WL 2146986

District Court of Appeal of Florida | Filed: Sep 27, 2004 | Docket: 1327864

Cited 3 times | Published

the exercise or nonexercise of its powers." Section 718.303, pertaining to obligations of owners, authorizes

In Re Suncoast Towers East Associates

241 B.R. 476, 13 Fla. L. Weekly Fed. B 21, 1999 Bankr. LEXIS 1495

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 27, 1999 | Docket: 1822627

Cited 3 times | Published

the association bylaws . . ." Florida Statute § 718.303(1). The Declaration of Condominium at issue in

Griffin v. Berkley South Condominium Ass'n

661 So. 2d 135, 1995 Fla. App. LEXIS 10623, 20 Fla. L. Weekly Fed. D 2283

District Court of Appeal of Florida | Filed: Oct 11, 1995 | Docket: 774302

Cited 3 times | Published

motion for prevailing party attorney fees under section 718.303, Florida Statutes (1993), after the association

AINSLIE AT CENTURY VILLAGE CONDO v. Levy

626 So. 2d 229

District Court of Appeal of Florida | Filed: Jun 2, 1993 | Docket: 1684927

Cited 3 times | Published

Association members. The statute further provides in section 718.303(2) that "a provision of this chapter may not

Palm Beach Leisureville Community Association, Inc. v. Raines

398 So. 2d 471, 1981 Fla. App. LEXIS 19692

District Court of Appeal of Florida | Filed: May 6, 1981 | Docket: 1696741

Cited 3 times | Published

plaintiff's attorneys fees on the authority of Section 718.303(1), Florida Statutes (1979), which states:

Iezzi Family Limited Partnership v. Edgewater Beach Owners Association, etc.

254 So. 3d 584

District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7569516

Cited 2 times | Published

court may dismiss the proceeding. Id. Section 718.303(1), Florida Statutes, provides a cause of action

Brittany's Place Condominium Association, Inc. v. U.S. Bank, N.A.

205 So. 3d 794, 2016 Fla. App. LEXIS 14788

District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 4469187

Cited 2 times | Published

under the statute and damages pursuant to section 718.303(l)(a). U.S. Bank filed a motion for summary

In Re Spa at Sunset Isles Condominimum Ass'n, Inc.

454 B.R. 898, 2011 Bankr. LEXIS 2867, 55 Bankr. Ct. Dec. (CRR) 66

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 13, 2011 | Docket: 2062327

Cited 2 times | Published

115(2) and (4)(a) (2010) (emphasis added). Section 718.303 provides that unit owners and associations

Nine Island Avenue Condominium Ass'n v. Siegel

23 So. 3d 1248, 2009 Fla. App. LEXIS 18412, 2009 WL 4281272

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1181173

Cited 2 times | Published

costs as the prevailing party pursuant to both section 718.303, Florida Statutes (2008),[1] and the Declaration

Ares v. CYPRESS PARK GARDEN HOMES

696 So. 2d 885, 1997 WL 314805

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 1326012

Cited 2 times | Published

prevailing parties, to attorney's fees under section 718.303, Florida Statutes (1991).[1] Prevailing party

OAKLAND EAST MANORS CONDO. v. La Roza

669 So. 2d 1138, 1996 WL 123163

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 1526212

Cited 2 times | Published

discretion to decline enforcement of its terms. See § 718.303, Fla.Stat. (1993); Sybert v. Combs, 555 So.2d

Rosso v. GOLDEN SURF TOWERS CONDO ASS'N

651 So. 2d 787, 1995 WL 92602

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 476581

Cited 2 times | Published

entitle the association to attorney's fees under section 718.303, Florida Statutes (1993), and no determination

Pearlman v. LAKE DORA VILLAS MAMT., INC.

479 So. 2d 780, 10 Fla. L. Weekly 2531

District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 463533

Cited 2 times | Published

of $24,500.00 for attorney fees pursuant to section 718.303, Florida Statutes (1983). We reverse. Lake

Asbury Arms Devel. v. Florida Dept. of Bus.

456 So. 2d 1291

District Court of Appeal of Florida | Filed: Oct 3, 1984 | Docket: 1732148

Cited 2 times | Published

to void was against public policy and that section 718.303(2)[1] prohibits the waiver of the said right

WIMBLEDON TOWNHOUSE CONDO. 1 ASS'N, INC. v. Kessler

425 So. 2d 29

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 1657953

Cited 2 times | Published

prevailing party, placing it within the scope of section 718.303(1), Florida Statutes (1979).[3] *32 We do not

Pacheco v. Lincoln Palace Condominium, Inc.

410 So. 2d 573

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 354512

Cited 2 times | Published

attorney's fee award on behalf of Lincoln Palace. § 718.303(1), Fla. Stat. See Saul v. Basse, 399 So.2d 130

Blue Infiniti, LLC and Jorge Diaz-Cueto v. Annette Cassells Wilson and Ricky Wilson

170 So. 3d 136, 2015 Fla. App. LEXIS 10400

District Court of Appeal of Florida | Filed: Jul 8, 2015 | Docket: 2679206

Cited 1 times | Published

a “prevailing party” within the meaning of section 718.303(1) because he paid the substantial part of

King Cole Condominium Ass'n v. Mid-Continent Casualty Co.

21 F. Supp. 3d 1296, 2014 WL 2191944

District Court, S.D. Florida | Filed: Apr 8, 2014 | Docket: 64295110

Cited 1 times | Published

of contractor, and 3) violation of Fla. Stat. § 718.303. Satar-sky also alleged that Diegon was liable

Bermuda Dunes Private Residences v. Bank of America

133 So. 3d 609, 2014 WL 885720, 2014 Fla. App. LEXIS 3308

District Court of Appeal of Florida | Filed: Mar 7, 2014 | Docket: 60238846

Cited 1 times | Published

damages, costs, and attorney’s fees pursuant to section 718.303(l)(a), Florida Statutes. Bank of America alleged

Ocean Bank v. Caribbean Towers Condominium Ass'n

121 So. 3d 1087, 2013 WL 4081702, 2013 Fla. App. LEXIS 12725

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60234316

Cited 1 times | Published

to prevailing party attorney’s fees under section 718.303(1), Florida Statutes (2012). The Bank brought

Briarwinds Condominium Ass'n v. Rigsby

51 So. 3d 532, 2010 Fla. App. LEXIS 19104, 2010 WL 5093149

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60297647

Cited 1 times | Published

injunction based on the defendants’ violation of section 718.303, Florida Statutes (2009). In an action asserting

Price v. CORIC

997 So. 2d 493, 2008 WL 5263418

District Court of Appeal of Florida | Filed: Dec 19, 2008 | Docket: 1379357

Cited 1 times | Published

the declaration of condominium pursuant to section 718.303(1)(b), Florida Statutes (2006). The Corics

Marco Island Cable, Inc. v. Comcast Cablevision of the South, Inc.

509 F. Supp. 2d 1158, 2007 U.S. Dist. LEXIS 16597, 2007 WL 779108

District Court, M.D. Florida | Filed: Mar 8, 2007 | Docket: 310153

Cited 1 times | Published

suit is not within the purview of Fla. Stat. § 718.303(1). This provision gives the association and a

Landmark at Hillsboro Condominium Ass'n v. Candelora

911 So. 2d 1272, 2005 Fla. App. LEXIS 15765, 2005 WL 2439787

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 64840556

Cited 1 times | Published

fees and costs as the prevailing party under section 718.303(1), Florida Statutes. We affirm. Florida Rule

National Erosion Control, Inc. v. Grubbs Construction Co. (In Re Grubbs Construction Co.)

306 B.R. 372, 17 Fla. L. Weekly Fed. B 114, 2004 Bankr. LEXIS 303, 2004 WL 541048

United States Bankruptcy Court, M.D. Florida | Filed: Mar 15, 2004 | Docket: 1774405

Cited 1 times | Published

for attorneys' fees pursuant to Florida Statute § 718.303, even though "all the claims were interrelated

Lassen v. Dolphin Tower Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Jul 11, 2025 | Docket: 70756996

Published

sued the Association for damages pursuant to section 718.303, Florida Statutes (2010), negligence, and injunctive

De Soleil South Beach Association, Inc. v. Amber Perrin

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70740032

Published

subject to the provisions of this chapter.”); § 718.303(2), Fla. Stat. (“A provision of this chapter

Park Crossing Homeowners Association Inc. and Martha Fernandez v. Ivonne Suarez

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998656

Published

of chapter 718 is itself a harm for which section 718.303[ 5] authorizes injunctive relief.”). 3 Irreparable

French Village Condominium Association, Inc. v. Kevin Flynn and Stacey Dever

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632710

Published

entitlement to fees and costs pursuant to Section 718.303(1), Florida Statutes (2024), and Article XXXI

Slavica Raffay, F/K/A Slavica Nikolic, and Attila Raffay v. Longwood House Condominium Association, Inc., Etc.

District Court of Appeal of Florida | Filed: Feb 5, 2025 | Docket: 69612894

Published

final summary judgment in favor of appellee); § 718.303(1), Fla. Stat. (2024) (providing in pertinent

Mary Ann Lance v. Brightwater Homeowners Association, Inc.

District Court of Appeal of Florida | Filed: Aug 30, 2024 | Docket: 68452197

Published

statutory basis identified in the motion is section 718.303, Florida Statutes, which relates to condominium

Sam Gershenbaum v. Wind Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 68028675

Published

Florida Condominium Act. See § 718.303(1)(a), Fla. Stat. (2023) (“Actions at law or in

King David of Sunny Isles Condominium Association, Inc. v. Alex Bushoy

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950375

Published

disregard of human rights, safety, or property”); § 718.303(1)(d) (allowing actions at law or equity against

Leena Margit Viler f/k/a Leena Margit Silvast and Giordano Viler v. Universal Property & Casualty Insurance Company

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68490511

Published

attorney fees as a prevailing party under section 718.303, Florida Statutes (2015), after the plaintiff

The Marbella Condominium Association, Inc. v. Richard A. Josepher

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68380297

Published

appeal was dispositive on the issue; and (2) section 718.303(1), 1 We issued a per curiam affirmance in

SARA WARD v. RIVKA LIEBER, as Personal Representative of the ESTATE OF LILLIAN K. WASSERMAN

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698542

Published

became a prevailing party within the meaning of section 718.303(1) when, following the dismissal of the original

GATELAND VILLAGE CONDOMINIUM, INC. v. MARY ELIZABETH HOLLY

District Court of Appeal of Florida | Filed: Nov 16, 2022 | Docket: 65757923

Published

attorney’s fees and costs pursuant to Florida Statute §718.303 and/or the Declaration of Condominium

SURESH GIDWANI AND BINA GIDWANI v. SHERRY ROBERTS AND ALICE RANDOLPH

District Court of Appeal of Florida | Filed: Oct 12, 2022 | Docket: 65417095

Published

Decoplage’s Declaration of Condominium and section 718.303(1), Florida Statute (2019). The trial court

THE COLLINS CONDOMINIUM ASSOCIATION, INC., etc. v. FERNANDO RIVEIRO, etc.

District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898814

Published

‘prevailing party’ within the meaning of section 718.303(1) [of the Florida Statutes] because he paid

LEXINGTON PLACE CONDOMINIUM ASSOCIATION, INC., A FLORIDA CORPORATION NOT FOR PROFIT vs MICHELLE FLINT AND KEVIN FLINT

District Court of Appeal of Florida | Filed: Jun 24, 2022 | Docket: 68035394

Published

Fees Additionally, in accordance with section 718.303, Florida Statutes (2019), we grant the Flints’

BMC SOUTHWOOD LLC v. BOBBY MONOCHELLI

District Court of Appeal of Florida | Filed: Jan 19, 2022 | Docket: 62607504

Published

counts for civil conspiracy, violation of section 718.303, Florida Statutes, breach of fiduciary duty

ISOLA BELLA HOMEOWNERS ASSOCIATION, INC. v. RONALD CLEMENT and MARTINE J. CLEMENT

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677206

Published

a ‘prevailing party’ within the meaning of section 718.303(1) because he paid the substantial part of

DE SOLEIL SOUTH BEACH RESIDENTIAL CONDOMINIUM ASSOCIATION, INC. v. DE SOLEIL SOUTH BEACH ASSOCIATION, INC., etc.

District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954644

Published

became effective in 2006. The Condominium Act, Section 718.303, Florida Statutes, was amended in 2010 to

JOHN PATCHEN, Individually, and JOHN PATCHEN AS TRUSTEE OF THE JOHN PATCHEN REVOCABLE LIVING TRUST v. QUADOMAIN CONDOMINIUM ASSOCIATION

District Court of Appeal of Florida | Filed: Oct 21, 2020 | Docket: 18557498

Published

for attorney’s fees and costs pursuant to section 718.303(1), Florida Statutes (2018), and the condominium

CWI-GG RCFL PROPERTY OWNER, LLC. v. DAVID J. STERN and CASTILLO GRAND RESIDENCES CONDOMINIUM ASSOCIATION, INC.

District Court of Appeal of Florida | Filed: Oct 21, 2020 | Docket: 18557499

Published

to fulfill its obligation to repair. See § 718.303(1); Legakis [v. Loumpos, 40 So. 3d 901,

JOHN PATCHEN, Individually, and JOHN PATCHEN AS TRUSTEE OF THE JOHN PATCHEN REVOCABLE LIVING TRUST v. QUADOMAIN CONDOMINIUM ASSOCIATION

District Court of Appeal of Florida | Filed: Jul 29, 2020 | Docket: 17391440

Published

for attorney’s fees and costs pursuant to section 718.303(1), Florida Statutes (2018), and the condominium

VICTOR TISON v. CLAIRMONT CONDOMINIUM F ASSOC., INC.

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432696

Published

award of fees pursuant to the Declaration and section 718.303(1), Florida Statutes. The Association opposed

GONZALEZ v. COCONUT KEY HOMEOWNERS ASSOC., INC.

246 So. 3d 428

District Court of Appeal of Florida | Filed: May 9, 2018 | Docket: 6521876

Published

So. 3d 1037, 1039 (Fla. 2d DCA 2015). Section 718.303(1), Florida Statutes (2008), authorizes the

IVETTE SMULDERS for 129-131 HARRISON ST., LLC v. THIRTY-THREE SIXTY CONDOMINIUM ASSOC., INC.

245 So. 3d 802

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375017

Published

government created by the Condominium Act. Section 718.303(1), Florida Statutes (2017), implements checks

THE WATERVIEW TOWERS CONDO. ASSOC., ETC. v. CITY OF WEST PALM BEACH and PALM HARBOR HOTEL, LLC

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183876

Published

Plaintiffs’ standing under Florida Statutes section 718.303(1) (2016) (allowing actions by both “the association

In re Kendall Lake Towers Condominium Ass'n, Inc.

576 B.R. 268

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 23, 2017 | Docket: 65790231

Published

recover reasonable attorney’s fees Fla. Stat. § 718.303(1). Neither side has cited, and the Court has

Fox v. Hamptons at Metrowest Condominium Ass'n

223 So. 3d 453, 2017 WL 3091217, 2017 Fla. App. LEXIS 10492

District Court of Appeal of Florida | Filed: Jul 21, 2017 | Docket: 6127591

Published

complaint alleged, inter alia, that Fox violated section 718.303, Florida Statutes (2015), by failing to comply

Gonzalez and Leal v. International Park Condominium I Assoc., Inc.

217 So. 3d 1128, 2017 WL 1494004, 2017 Fla. App. LEXIS 5755

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 5784754

Published

litigating after alternative dispute resolution); section 718.303, Florida Statutes (2014) (fee award for prevailing

Escadote I Corp. v. Ocean Three Limited Partnership

211 So. 3d 1059, 2016 WL 7403660, 2016 Fla. App. LEXIS 18677

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555836

Published

against the Association was alleged to be section 718.303, Florida Statutes (2007). The case proceeded

Environ Towers I Condominium Association, Inc. v. Virginia Hokenstrom and Holly Hokenstrom

181 So. 3d 542, 2015 Fla. App. LEXIS 17323, 2015 WL 7273418

District Court of Appeal of Florida | Filed: Nov 18, 2015 | Docket: 3013624

Published

Hokenstrom for injunctive relief pursuant to section 718.303,. Florida Statutes (2010). The Association

Amelio v. Marilyn Pines Unit II Condominium Association, Inc.

173 So. 3d 1037, 2015 Fla. App. LEXIS 10694, 2015 WL 4249923

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2679102

Published

obligations as required by the condominium documents. § 718.303(1), Fla. Stat. (2011); see Abbey Park Homeowners

Shteyn v. Grandview Palace Condo Ass'n

147 So. 3d 675, 2014 Fla. App. LEXIS 14975, 39 Fla. L. Weekly Fed. D 2053

District Court of Appeal of Florida | Filed: Sep 24, 2014 | Docket: 1330444

Published

associations against unit owners and tenants. Section 718.303(l)(b),(e), Florida Statutes (2013), reads in

Castellanos v. Citizens Property Insurance Corp.

98 So. 3d 1180, 2012 Fla. App. LEXIS 13056, 2012 WL 3192794

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60312117

Published

provisions in these documents, pursuant to section 718.303(1), Florida Statutes (2005), neither provision

Law-Yue v. Miami River, L.L.C.

50 So. 3d 620, 2010 Fla. App. LEXIS 15832, 2010 WL 4103349

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 1929127

Published

unit owner or the purpose of the provision....” § 718.303(2), Fla. Stat. (2005). A contractual provision

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

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

of those rights,” something prohibited by section 718.303(2), Florida Statutes, and Ainslie at Century

Hamptons West Condominium Ass'n v. Hamptons South Condominium Ass'n

919 So. 2d 509, 2005 Fla. App. LEXIS 19215, 2005 WL 3301063

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 64842020

Published

Ac-cessways and Recreational Land Use agreements. § 718.303, Fla. Stat. (2004). It is fundamental that the

Pardo v. Decoplage Condominium Ass'n

833 So. 2d 782, 2002 Fla. App. LEXIS 2334, 2002 WL 341641

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 64819748

Published

attorney’s fees under the condominium statute. See § 718.303, Fla. Stat. (1997). Counsel for The Decoplage

South Bay Club Condominium Ass'n v. Dublino

766 So. 2d 1083, 2000 Fla. App. LEXIS 9024, 2000 WL 986414

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 64800300

Published

that they were entitled to fees under both section 718.303(1), Florida Statutes (1995) and appellant South

S.J. Business Enterprises, Inc. v. Colorall Technologies, Inc.

755 So. 2d 769, 2000 Fla. App. LEXIS 3984, 2000 WL 347110

District Court of Appeal of Florida | Filed: Apr 5, 2000 | Docket: 64796758

Published

buyer’s waiving the fifteen-day right to void. Section 718.303(2), Florida Statutes, provides, “A provision

Wayne Paint Co. v. Gulfview Apartments of Marco Island, Inc.

739 So. 2d 1259, 1999 Fla. App. LEXIS 11094, 1999 WL 632360

District Court of Appeal of Florida | Filed: Aug 20, 1999 | Docket: 64790512

Published

pursuant to both the condominium agreement and section 718.303(1), Florida Statutes (1995), *1260based on

Cuervo v. West Lake Village II Condominium Ass'n

709 So. 2d 598, 1998 Fla. App. LEXIS 3670, 1998 WL 158827

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 64780229

Published

entitlement to attorney’s fees pursuant to section 718.303, Florida Statutes (1993). On a motion made

Casa Del Mar Condominium Ass'n v. Richartz

641 So. 2d 470, 1994 Fla. App. LEXIS 8218, 1994 WL 440744

District Court of Appeal of Florida | Filed: Aug 17, 1994 | Docket: 64750402

Published

standing to bring the action. We disagree. Section 718.303, Florida Statutes (1993), provides in part:

Horizons Condominium Management Ass'n v. Salvato

641 So. 2d 922, 1994 Fla. App. LEXIS 7508, 1994 WL 390783

District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 64750513

Published

award of attorney fees, which was based on section 718.303(1), Florida Statutes, and the cost award. See

Kamhi v. Pine Island Ridge Condominium F Ass'n

634 So. 2d 730, 1994 Fla. App. LEXIS 2624, 1994 WL 90375

District Court of Appeal of Florida | Filed: Mar 23, 1994 | Docket: 64747403

Published

Sylvia Bialer attorney’s fees pursuant to section 718.303, Florida Statutes (1991). We agree and reverse

Ainslie at Century Village Condominium Ass'n v. Levy

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

Association members. The statute further provides in section 718.-303(2) that “a provision of this chapter may not

Hernstadt v. Brickell Bay Club Condominium Ass'n

602 So. 2d 967, 1992 Fla. App. LEXIS 6695, 1992 WL 138805

District Court of Appeal of Florida | Filed: Jun 23, 1992 | Docket: 64669068

Published

attorney’s fees to Brickell Bay pursuant to section 718.303, Florida Statutes (1987), and remanded to the

Village of Kings Creek Condominium Ass'n v. Goldberg

596 So. 2d 1195, 1992 Fla. App. LEXIS 3949, 1992 WL 68997

District Court of Appeal of Florida | Filed: Apr 7, 1992 | Docket: 64666628

Published

entitled to an award of attorney’s fees under Section 718.303(1), Florida Statutes (1989); we accordingly

Gittelmacher v. Anttila

595 So. 2d 237, 1992 Fla. App. LEXIS 1882, 1992 WL 38188

District Court of Appeal of Florida | Filed: Mar 4, 1992 | Docket: 64665854

Published

may be awarded by the court. Additionally, section 718.303(1), Florida Statutes (1991) provides: *238Each

Rand v. Hallmark of Hollywood Condominium Ass'n

555 So. 2d 1230, 14 Fla. L. Weekly 2199, 1989 Fla. App. LEXIS 5101, 1989 WL 107002

District Court of Appeal of Florida | Filed: Sep 20, 1989 | Docket: 64647690

Published

consideration of a request for attorney’s fees under section 718.303(1), *1232Florida Statutes (1977), should appellant

Rand v. Hallmark of Hollywood Condominium Ass'n

555 So. 2d 1230, 14 Fla. L. Weekly 2199, 1989 Fla. App. LEXIS 5101, 1989 WL 107002

District Court of Appeal of Florida | Filed: Sep 20, 1989 | Docket: 64647690

Published

consideration of a request for attorney’s fees under section 718.303(1), *1232Florida Statutes (1977), should appellant

McClendon v. Drummond Coal Co.

861 F.2d 1512, 1988 WL 127637

Court of Appeals for the Eleventh Circuit | Filed: Dec 20, 1988 | Docket: 66240126

Published

pneumoconiosis within the meaning of 20 C.F.R. section 718.303. That section entitles a claimant to a rebut-table

Coronado Condominium Ass'n v. Scher

533 So. 2d 295, 13 Fla. L. Weekly 2275, 1988 Fla. App. LEXIS 4392, 1988 WL 100917

District Court of Appeal of Florida | Filed: Oct 4, 1988 | Docket: 64638292

Published

for the prosecution of the entire case under section 718.303(1), Florida Statutes (1987).1 In our view,

Lakeside Manor Condominium Ass'n v. Forehand

513 So. 2d 1104, 12 Fla. L. Weekly 2430, 1987 Fla. App. LEXIS 12307

District Court of Appeal of Florida | Filed: Oct 15, 1987 | Docket: 64630118

Published

fees and costs as the prevailing party under section 718.303, Florida Statutes. Both sides appeal. The Association

Seminole Colony, Inc. v. Stanko

501 So. 2d 195, 12 Fla. L. Weekly 464, 1987 Fla. App. LEXIS 6589

District Court of Appeal of Florida | Filed: Feb 4, 1987 | Docket: 64624433

Published

prevailing party, placing it within the scope of section 718.303(1), Florida Statutes (1979).” The distinction

Martin v. Key Largo Kampground, Inc.

501 So. 2d 648, 12 Fla. L. Weekly 136, 1986 Fla. App. LEXIS 11159

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 64624655

Published

therefore, entitled to attorney’s fees pursuant to section 718.303(1), Florida Statutes (1983). This record demonstrates

Burch v. Polynesian Villas Condominium, Inc.

491 So. 2d 1264, 11 Fla. L. Weekly 1657, 1986 Fla. App. LEXIS 9103

District Court of Appeal of Florida | Filed: Jul 30, 1986 | Docket: 64620830

Published

were not entitled to such fees pursuant to section 718.303, Florida Statutes (1983), not because of mootness

Elbadramany v. Oceans Seven Condominium Ass'n

461 So. 2d 1001, 10 Fla. L. Weekly 3, 1984 Fla. App. LEXIS 16143

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 64609171

Published

Chapter 84-368, Laws of Florida, 1984, creates section 718.303(3), Florida Statutes, effective October 1,

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

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

District Court of Appeal of Florida | Filed: Jun 1, 1983 | Docket: 64597411

Published

award attorney’s fees on the premise that section 718.303, Florida Statutes (1981), did not contemplate

Mainlands of Tamarac by the Gulf Unit No. Four Ass'n v. Morris

388 So. 2d 226, 1980 Fla. App. LEXIS 16803

District Court of Appeal of Florida | Filed: Jul 25, 1980 | Docket: 64578158

Published

entitled to reasonable attorney fees pursuant to Section 718.-303, Florida Statutes. Appellants’ answer specifically

Commodore Plaza At Century 21 Condominium Ass'n v. Century 21 Commodore Plaza, Inc.

369 So. 2d 982, 1979 Fla. App. LEXIS 21061

District Court of Appeal of Florida | Filed: Apr 3, 1979 | Docket: 64569702

Published

PER CURIAM. Affirmed. § 718.303, Fla.Stat. (1977); Cuna Mutual Insurance Society v. Adamides, 334 So