Florida Statutes

Fla. Stat. § 718.303 (2025)

Obligations of owners and occupants; remedies.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 126 cases (23 in the last 5 years), 1978–2026 · leading case: Sonny Boy, LLC v. Asnani, 879 So. 2d 25 (Fla. 5th DCA 2004).

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Sonny Boy, LLC v. Asnani, 879 So. 2d 25 (Fla. 5th DCA 2004). · cites it 21× “Section 718.303(1), Florida Statutes (2002), provides in part: (1) Each unit owner, each tenant and other invitee, and each association shall be governed by, and shall comply with the provisions of, this chapter, the declaration, the documents creating the association, and the…”

Padow v. Knollwood Club Ass'n, Inc., 839 So. 2d 744 (Fla. 4th DCA 2003). · cites it 6× “This court held that the unit owner was the prevailing party entitled to attorney's fees under section 718.303. Id. Significantly, in Griffin , the unit owner paid no money toward the claim prior to the association's voluntary dismissal.”

Amelio v. Marilyn Pines Unit II Condo. Ass'n, Inc., 173 So. 3d 1037 (Fla. 2d DCA 2015). · cites it 16× “2d DCA 2006) ("A violation of the requirements of chapter 718 is itself a harm for which section 718.303 authorizes injunctive relief.”

Florida Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). · cites it 2× “(1983) (garnishment); § 718.303, Fla. Stat. (Supp. 1984) (condominium actions); § 725.”

Dolphin Towers Condo. Ass'n v. Del Bene, 388 So. 2d 1268 (Fla. 2d DCA 1980). · cites it 8× “The issue of this appeal is whether, on voluntary dismissal of a unit owner's action against a condominium association, the condominium association becomes the prevailing party for purposes of an award of attorney fees under Section 718.303, Florida Statutes (1979).”

Alhambra Homeowners Ass'n, Inc. v. Asad, 943 So. 2d 316 (Fla. 4th DCA 2006). · cites it 4× “4th DCA 1995) (applying prevailing party provision in condominium statute, section 718.303, Florida Statutes (1993)); Hatch v.”

Simmons v. Schimmel, 476 So. 2d 1342 (Fla. 3d DCA 1985). · cites it 6× “2d DCA 1984) (where condominium association filed suit against unit owner to have the sale of a one-third interest in a unit set aside, and case was dismissed for mootness when the *1345 interest was reconveyed to the unit owner, the court upheld the fee award to the association…”

Escadote I Corp. v. Ocean Three Ltd. P'ship, 211 So. 3d 1059 (Fla. 3d DCA 2016). · cites it 8× “The basis for attorney’s fees against the Association was alleged to be section 718.303, Florida Statutes (2007).”

Curci Vill. Condo. Assn. v. Maria, 14 So. 3d 1175 (Fla. 4th DCA 2009). · cites it 6× “She also sought damages pursuant to section 718.303, Florida Statutes, due to her being forced to defend the landscaping modifications.”

Ocean Trail Unit Owners Ass'n v. Mead, 650 So. 2d 4 (Fla. 1994). · cites it 6× “The Association's good faith proposal is particularly unworkable in light of section 718.303(1)(e), Florida Statutes, (1993).”

Di Paola v. Beach Terrace Ass'n, Inc., 718 So. 2d 1275 (Fla. 2d DCA 1998). · cites it 7× “Di Paola and Rinko now challenge both the court's award of fees and its determination that they were not prevailing parties for purposes of attorney's fees under section 718.303, Florida Statutes (1995).”

Walters v. Blankenship, 931 So. 2d 137 (Fla. 5th DCA 2006). · cites it 2× “Section 718.303(1), Florida Statutes (2005), imposes upon each unit owner the obligation to comply with condominium covenants and gives other unit owners the right to enforce the provisions through actions for injunction and damages.”

Show all 126 citing cases →

— 718.303(1) — 67 cases

Sonny Boy, LLC v. Asnani, 879 So. 2d 25 (Fla. 5th DCA 2004). “Section 718.303(1), Florida Statutes (2002), provides in part: (1) Each unit owner, each tenant and other invitee, and each association shall be governed by, and shall comply with the provisions of, this chapter, the declaration, the documents creating the association, and the…”

Padow v. Knollwood Club Ass'n, Inc., 839 So. 2d 744 (Fla. 4th DCA 2003). “This court held that the unit owner was the prevailing party entitled to attorney's fees under section 718.303. Id. Significantly, in Griffin , the unit owner paid no money toward the claim prior to the association's voluntary dismissal.”

Amelio v. Marilyn Pines Unit II Condo. Ass'n, Inc., 173 So. 3d 1037 (Fla. 2d DCA 2015). “2d DCA 2006) ("A violation of the requirements of chapter 718 is itself a harm for which section 718.303 authorizes injunctive relief.”

Dolphin Towers Condo. Ass'n v. Del Bene, 388 So. 2d 1268 (Fla. 2d DCA 1980). “The issue of this appeal is whether, on voluntary dismissal of a unit owner's action against a condominium association, the condominium association becomes the prevailing party for purposes of an award of attorney fees under Section 718.303, Florida Statutes (1979).”

Walters v. Blankenship, 931 So. 2d 137 (Fla. 5th DCA 2006). “Section 718.303(1), Florida Statutes (2005), imposes upon each unit owner the obligation to comply with condominium covenants and gives other unit owners the right to enforce the provisions through actions for injunction and damages.”

— 718.303(1)(a) — 2 cases

Hobbs v. Weinkauf, 940 So. 2d 1151 (Fla. 2d DCA 2006).

Sam Gershenbaum v. Wind Condo. Ass'n, Inc. (Fla. 3d DCA 2024).

— 718.303(1)(b) — 1 case

Price v. CORIC, 997 So. 2d 493 (Fla. 2d DCA 2008).

— 718.303(1)(c) — 2 cases

Olympian West Condo. Ass'n, Inc. v. Kramer, 427 So. 2d 1039 (Fla. 3d DCA 1983).

— 718.303(1)(d) — 4 cases

Perlow v. Goldberg, 700 So. 2d 148 (Fla. 3d DCA 1997).

Lake Tippecanoe Owners Ass'n, Inc. v. Hanauer, 494 So. 2d 226 (Fla. 2d DCA 1986).

King David of Sunny Isles Condo. Ass'n, Inc. v. Alex Bushoy (Fla. 3d DCA 2024).

— 718.303(1)(e) — 1 case

Ocean Trail Unit Owners Ass'n v. Mead, 650 So. 2d 4 (Fla. 1994). “The Association's good faith proposal is particularly unworkable in light of section 718.303(1)(e), Florida Statutes, (1993).”

— 718.303(2) — 8 cases

Law-Yue v. Miami River, L.L.C., 50 So. 3d 620 (Fla. 3d DCA 2010).

Asbury Arms Devel. v. Florida Dept. of Bus., 456 So. 2d 1291 (Fla. 2d DCA 1984).

Ainslie at Century Vill. Condo. Ass'n v. Levy, 626 So. 2d 229 (Fla. 4th DCA 1993).

S.J. Bus. Enter., Inc. v. Colorall Tech., Inc., 755 So. 2d 769 (Fla. 4th DCA 2000).

Ainslie at Century Vill. Condo v. Levy, 626 So. 2d 229 (Fla. 4th DCA 1993).

— 718.303(3) — 1 case

Elbadramany v. Oceans Seven Condo. Ass'n, 461 So. 2d 1001 (Fla. 5th DCA 1984).

— 718.303(3)(b) — 1 case

O'Driscoll v. Arbor Grove Condo. Ass'n, Inc (M.D. Fla. 2024).

— 718.303(5) — 1 case

De Soleil South Beach Residential Condo. Ass'n, Inc. v. De Soleil South Beach Ass'n, Inc., Etc. (Fla. 3d DCA 2021).

— 718.303(l)(a) — 2 cases

Bermuda Dunes Private Residences v. Bank of Am., 133 So. 3d 609 (Fla. 5th DCA 2014).

Brittany's Place Condo. Ass'n, Inc. v. U.S. Bank, N.A., 205 So. 3d 794 (Fla. 2d DCA 2016).

— 718.303(l)(b) — 1 case

Shteyn v. Grandview Palace Condo Ass'n, 147 So. 3d 675 (Fla. 3d DCA 2014).

— 718.303(l)(e) — 1 case

Shteyn v. Grandview Palace Condo Ass'n, 147 So. 3d 675 (Fla. 3d DCA 2014).

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