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Florida Statute 718.303 | Lawyer Caselaw & Research
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The 2024 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.

F.S. 718.303 on Google Scholar

F.S. 718.303 on Casetext

Amendments to 718.303


Arrestable Offenses / Crimes under Fla. Stat. 718.303
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.303.

Annotations, Discussions, Cases:

Cases Citing Statute 718.303

Total Results: 20

Mary Ann Lance v. Brightwater Homeowners Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-30

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

Sam Gershenbaum v. Wind Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

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

Sam Gershenbaum v. Wind Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

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

Sam Gershenbaum v. Wind Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

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

Sam Gershenbaum v. Wind Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

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

Sam Gershenbaum v. Wind Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

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

Sam Gershenbaum v. Wind Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

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

Sam Gershenbaum v. Wind Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

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

Sam Gershenbaum v. Wind Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-05-01

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

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

Court: District Court of Appeal of Florida | Date Filed: 2024-03-27

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

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

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: seeking fees as the prevailing party under sections 718.303(1) and 57.105, Florida Statutes (2004). Landmark

GATELAND VILLAGE CONDOMINIUM, INC. v. MARY ELIZABETH HOLLY

Court: District Court of Appeal of Florida | Date Filed: 2022-11-16

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

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

Court: District Court of Appeal of Florida | Date Filed: 2022-10-12

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

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

Court: District Court of Appeal of Florida | Date Filed: 2022-08-17

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

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

Court: District Court of Appeal of Florida | Date Filed: 2022-06-24

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

BMC SOUTHWOOD LLC v. BOBBY MONOCHELLI

Court: District Court of Appeal of Florida | Date Filed: 2022-01-19

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

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

Court: District Court of Appeal of Florida | Date Filed: 2021-10-27

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

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

Court: District Court of Appeal of Florida | Date Filed: 2021-06-02

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