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The 2025 Florida Statutes
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F.S. 718.401718.401 Leaseholds.—(1) A condominium may be created on lands held under lease or may include recreational facilities or other common elements or commonly used facilities on a leasehold if, on the date the first unit is conveyed by the developer to a bona fide purchaser, the lease has an unexpired term of at least 50 years. However, if the condominium constitutes a nonresidential condominium or commercial condominium, or a timeshare condominium created pursuant to chapter 721, the lease shall have an unexpired term of at least 30 years. If rent under the lease is payable by the association or by the unit owners, the lease shall include the following requirements:(a) The leased land must be identified by a description that is sufficient to pass title, and the leased personal property must be identified by a general description of the items of personal property and the approximate number of each item of personal property that the developer is committing to furnish for each room or other facility. In the alternative, the personal property may be identified by a representation as to the minimum amount of expenditure that will be made to purchase the personal property for the facility. Unless the lease is of a unit, the identification of the land shall be supplemented by a survey showing the relation of the leased land to the land included in the common elements. This provision shall not prohibit adding additional land or personal property in accordance with the terms of the lease, provided there is no increase in rent or material increase in maintenance costs to the individual unit owner. (b) The lease shall not contain a reservation of the right of possession or control of the leased property by the lessor or any person other than unit owners or the association and shall not create rights to possession or use of the leased property in any parties other than the association or unit owners of the condominium to be served by the leased property, unless the reservations and rights created are conspicuously disclosed. Any provision for use of the leased property by anyone other than unit owners of the condominium to be served by the leased property shall require the other users to pay a fair and reasonable share of the maintenance and repair obligations and other exactions due from users of the leased property. (c) The lease shall state the minimum number of unit owners that will be required, directly or indirectly, to pay the rent under the lease and the maximum number of units that will be served by the leased property. The limitation of the number of units to be served shall not preclude enlargement of the facilities leased and an increase in their capacity, if approved by the association operating the leased property after unit owners other than the developer have assumed control of the association. The provisions of this paragraph do not apply if the lessor is the Government of the United States or this state or any political subdivision thereof or any agency of any political subdivision thereof. (d)1. In any action by the lessor to enforce a lien for rent payable or in any action by the association or a unit owner with respect to the obligations of the lessee or the lessor under the lease, the unit owner or the association may raise any issue or interpose any defense, legal or equitable, that he or she or it may have with respect to the lessor’s obligations under the lease. If the unit owner or the association initiates any action or interposes any defense other than payment of rent under the lease, the unit owner or the association shall, upon service of process upon the lessor, pay into the registry of the court any allegedly accrued rent and the rent which accrues during the pendency of the proceeding, when due. If the unit owner or the association fails to pay the rent into the registry of the court, the failure constitutes an absolute waiver of the unit owner’s or association’s defenses other than payment, and the lessor is entitled to default. The unit owner or the association shall notify the lessor of any deposits. When the unit owner or the association has deposited the required funds into the registry of the court, the lessor may apply to the court for disbursement of all or part of the funds shown to be necessary for the payment of taxes, mortgage payments, maintenance and operating expenses, and other necessary expenses incident to maintaining and equipping the leased facilities or necessary for the payment of other expenses arising out of personal hardship resulting from the loss of rental income from the leased facilities. The court, after an evidentiary hearing, may award all or part of the funds on deposit to the lessor for such purpose. The court shall require the lessor to post bond or other security, as a condition to the release of funds from the registry, when the value of the leased land and improvements, apart from the lease itself, is inadequate to fully secure the sum of existing encumbrances on the leased property and the amounts released from the court registry. 2. When the association or unit owners have deposited funds into the registry of the court pursuant to this subsection and the unit owners and association have otherwise complied with their obligations under the lease or agreement, other than paying rent into the registry of the court rather than to the lessor, the lessor cannot hold the association or unit owners in default on their rental payments nor may the lessor file liens or initiate foreclosure proceedings against unit owners. If the lessor, in violation of this subsection, attempts such liens or foreclosures, then the lessor may be liable for damages plus attorney’s fees and costs that the association or unit owners incurred in satisfying those liens or foreclosures. 3. Nothing in this paragraph affects litigation commenced prior to October 1, 1979. (e) If the lease is of recreational facilities or other commonly used facilities that are not completed, rent shall not commence until some of the facilities are completed. Until all of the facilities leased are completed, rent shall be prorated and paid only for the completed facilities in the proportion that the value of the completed facilities bears to the estimated value, when completed, of all of the facilities that are leased. The facilities shall be complete when they have been constructed, finished, and equipped and are available for use. (f)1. A lease of recreational or other commonly used facilities entered into by the association or unit owners prior to the time when the control of the association is turned over to unit owners other than the developer shall grant to the lessee an option to purchase the leased property, payable in cash, on any anniversary date of the beginning of the lease term after the 10th anniversary, at a price then determined by agreement. If there is no agreement as to the price, then the price shall be determined by arbitration conducted pursuant to chapter 44 or chapter 682. This paragraph shall be applied to contracts entered into on, before, or after January 1, 1977, regardless of the duration of the lease. 2. If the lessor wishes to sell his or her interest and has received a bona fide offer to purchase it, the lessor shall send the association and each unit owner a copy of the executed offer. For 90 days following receipt of the offer by the association or unit owners, the association or unit owners have the option to purchase the interest on the terms and conditions in the offer. The option shall be exercised, if at all, by notice in writing given to the lessor within the 90-day period. If the association or unit owners do not exercise the option, the lessor shall have the right, for a period of 60 days after the 90-day period has expired, to complete the transaction described in the offer to purchase. If for any reason such transaction is not concluded within the 60 days, the offer shall have been abandoned, and the provisions of this subsection shall be reimposed. 3. The option shall be exercised upon approval by owners of two-thirds of the units served by the leased property. 4. The provisions of this paragraph do not apply to a nonresidential condominium and do not apply if the lessor is the Government of the United States or this state or any political subdivision thereof or, in the case of an underlying land lease, a person or entity which is not the developer or directly or indirectly owned or controlled by the developer and did not obtain, directly or indirectly, ownership of the leased property from the developer. (g) The lease or a subordination agreement executed by the lessor must provide either:1. That any lien which encumbers a unit for rent or other moneys or exactions payable is subordinate to any mortgage held by an institutional lender, or 2. That, upon the foreclosure of any mortgage held by an institutional lender or upon delivery of a deed in lieu of foreclosure, the lien for the unit owner’s share of the rent or other exactions shall not be extinguished but shall be foreclosed and unenforceable against the mortgagee with respect to that unit’s share of the rent and other exactions which mature or become due and payable on or before the date of the final judgment of foreclosure, in the event of foreclosure, or on or before the date of delivery of the deed in lieu of foreclosure. The lien may, however, automatically and by operation of the lease or other instrument, reattach to the unit and secure the payment of the unit’s proportionate share of the rent or other exactions coming due subsequent to the date of final decree of foreclosure or the date of delivery of the deed in lieu of foreclosure. The provisions of this paragraph do not apply if the lessor is the Government of the United States or this state or any political subdivision thereof or any agency of any political subdivision thereof. (2) Subsection (1) does not apply to residential cooperatives created prior to January 1, 1977, which are converted to condominium ownership by the cooperative unit owners or their association after control of the association has been transferred to the unit owners if, following the conversion, the unit owners will be the same persons who were unit owners of the cooperative and no units are offered for sale or lease to the public as part of the plan of conversion. (3) If rent under the lease is a fixed amount for the full duration of the lease, and the rent thereunder is payable by a person or persons other than the association or the unit owners, the division director has the discretion to accept alternative assurances which are sufficient to secure the payment of rent, including, but not limited to, annuities with an insurance company authorized to do business in this state, the beneficiary of which shall be the association, or cash deposits in trust, the beneficiary of which shall be the association, which deposit shall be in an amount sufficient to generate interest sufficient to meet lease payments as they occur. If alternative assurances are accepted by the division director, the following provisions are applicable:(a) Disclosures contemplated by paragraph (1)(b), if not contained within the lease, may be made by the developer. (b) Disclosures as to the minimum number of unit owners that will be required, directly or indirectly, to pay the rent under the lease and the maximum number of units that will be served by the leased property, if not contained in the lease, may be stated by the developer. (c) The provisions of paragraphs (1)(d) and (e) apply but are not required to be stated in the lease. (d) The provisions of paragraph (1)(g) do not apply. History.—s. 1, ch. 76-222; s. 1, ch. 77-174; ss. 6, 13, ch. 78-340; s. 1, ch. 79-166; s. 13, ch. 79-314; ss. 4, 7, ch. 80-323; s. 5, ch. 81-185; s. 13, ch. 84-368; s. 46, ch. 85-62; s. 6, ch. 88-148; s. 1, ch. 88-225; s. 17, ch. 90-151; s. 15, ch. 91-103; s. 1, ch. 91-236; s. 5, ch. 91-426; s. 865, ch. 97-102.
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Annotations, Discussions, Cases:
Cases Citing Statute 718.401
Total Results: 57
378 So. 2d 774, 1979 Fla. LEXIS 4852
Supreme Court of Florida | Filed: Nov 15, 1979 | Docket: 1794903
Cited 41 times | Published
before us to determine the constitutionality of section 718.401(4), Florida Statutes (1977), which provides
422 So. 2d 884
District Court of Appeal of Florida | Filed: Aug 17, 1982 | Docket: 1739863
Cited 33 times | Published
available commodity or consumer price index." § 718.401(8)(a), Fla. Stat. (1981). This clause has by statute
421 So. 2d 623
District Court of Appeal of Florida | Filed: Oct 21, 1982 | Docket: 1719410
Cited 25 times | Published
On the merits the Division determined that Section 718.401(8), Florida Statutes (Supp. 1976),[3] bars
361 So. 2d 128
Supreme Court of Florida | Filed: Jul 13, 1978 | Docket: 1685809
Cited 22 times | Published
75-224, Section 10, Laws of Florida [renumbered Section 718.401(4)] the escalated portion of the disputed rents
448 So. 2d 1116
District Court of Appeal of Florida | Filed: Apr 3, 1984 | Docket: 429787
Cited 13 times | Published
sublease effected a novation, thereby making section 718.401(8), Florida Statutes (Supp. 1976), applicable
439 So. 2d 832
Supreme Court of Florida | Filed: Jun 16, 1983 | Docket: 1677849
Cited 12 times | Published
expressly consented to the incorporation of Florida Statute 718.401(4) into the terms of the contract.
(2)
428 So. 2d 288, 1983 Fla. App. LEXIS 19303
District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 403700
Cited 11 times | Published
disputed rent to the Court Registry pursuant to section 718.401(4), Florida Statutes (1979). Fairways also
411 So. 2d 1323
District Court of Appeal of Florida | Filed: Jan 8, 1982 | Docket: 2512374
Cited 11 times | Published
June appellants moved the court, pursuant to section 718.401(4), Florida Statutes (1977), to enter an order
458 So. 2d 769
District Court of Appeal of Florida | Filed: Mar 2, 1984 | Docket: 1452130
Cited 9 times | Published
escalation clause declared invalid pursuant to section 718.401(8)(a), Florida Statutes (1977). Appellants
421 So. 2d 1119
District Court of Appeal of Florida | Filed: Nov 24, 1982 | Docket: 1372518
Cited 8 times | Published
class were apparently made in accordance with Section 718.401(4), Florida Statutes (1977), since the related
403 So. 2d 1010
District Court of Appeal of Florida | Filed: Jul 15, 1981 | Docket: 1250346
Cited 7 times | Published
held in the registry of the court pursuant to Section 718.401(4) and 718.401(8), Florida Statutes (1977)
383 So. 2d 1173
District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 1512455
Cited 6 times | Published
of rent into the court registry required by Section 718.401(4)(a), Florida Statutes (1977), which was found
438 So. 2d 354, 1983 Fla. LEXIS 2982
Supreme Court of Florida | Filed: Jun 16, 1983 | Docket: 1445919
Cited 5 times | Published
declaration of condominium was governed by section 718.401(8), Florida Statutes (1979), and therefore
395 So. 2d 1204
District Court of Appeal of Florida | Filed: Mar 10, 1981 | Docket: 1692900
Cited 5 times | Published
FERGUSON, JJ.
FERGUSON, Judge.
Pursuant to Section 718.401(4), Florida Statutes (1979), Coral Isle East
580 So. 2d 859, 1991 WL 87231
District Court of Appeal of Florida | Filed: May 28, 1991 | Docket: 1365374
Cited 4 times | Published
chapter 711 was replaced by chapter 718; section 718.401(8)(a) recodified the prior declaration that
557 So. 2d 1350, 1990 WL 20559
Supreme Court of Florida | Filed: Mar 1, 1990 | Docket: 1512286
Cited 4 times | Published
great public importance:
TO WHAT EXTENT DOES SECTION 718.401(8), FLORIDA STATUTES (1985), APPLY TO RENT
478 So. 2d 25, 10 Fla. L. Weekly 532
Supreme Court of Florida | Filed: Sep 26, 1985 | Docket: 1741626
Cited 4 times | Published
, 378 So.2d 774 (Fla. 1979), we held that section 718.401(4), Florida Statutes (1977), which provides
401 So. 2d 851
District Court of Appeal of Florida | Filed: Jul 7, 1981 | Docket: 1289768
Cited 4 times | Published
Contending that the escalation clause violated § 718.401(8), Florida Statutes (1979), the Division of Florida
390 So. 2d 185
District Court of Appeal of Florida | Filed: Nov 19, 1980 | Docket: 1504265
Cited 4 times | Published
Association to make certain payments pursuant to section 718.401(4), Florida Statutes (1979)[1] and from a subsequent
763 So. 2d 1084, 1999 Fla. App. LEXIS 14225, 1999 WL 974147
District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 761200
Cited 3 times | Published
into the registry of the court pursuant to section 718.401(1)(d), Florida Statutes (1997), which the trial
514 So. 2d 381
District Court of Appeal of Florida | Filed: Sep 15, 1987 | Docket: 1748983
Cited 3 times | Published
Section 711.231, Florida Statutes (1975) [now § 718.401(8), Fla. Stat. (1985)] which invalidates rent
404 So. 2d 752, 1981 Fla. App. LEXIS 20665
District Court of Appeal of Florida | Filed: Jul 29, 1981 | Docket: 1783041
Cited 3 times | Published
"agreement" here involved is encompassed by Section 718.401(8), Florida Statutes (1979). We reverse the
385 So. 2d 103
District Court of Appeal of Florida | Filed: Jun 10, 1980 | Docket: 1337091
Cited 3 times | Published
231, Florida Statutes (1975)]. Currently, Section 718.401(8)(a), Florida Statutes (1979) encompasses
369 So. 2d 358
District Court of Appeal of Florida | Filed: Mar 7, 1979 | Docket: 1516621
Cited 3 times | Published
condominium recreational lease suit. At issue is § 718.401(4) Fla. Stat., which provides in relevant part:
357 So. 2d 249
District Court of Appeal of Florida | Filed: Apr 10, 1978 | Docket: 454057
Cited 3 times | Published
under the lease. The lessees, pursuant to Section 718.401(4), Florida Statutes (Supp. 1976), seek the
786 So. 2d 1271, 2001 WL 686465
District Court of Appeal of Florida | Filed: Jun 20, 2001 | Docket: 1278949
Cited 2 times | Published
relied upon two alternative theories: first, section 718.401(1)(f), Florida Statutes (1997),[3] and second
577 So. 2d 1341, 1990 WL 88026
District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 1160413
Cited 2 times | Published
Fla. It was transferred in amended form to section 718.401(8), Florida Statutes (Supp. 1976) by chapter
407 So. 2d 976
District Court of Appeal of Florida | Filed: Dec 14, 1981 | Docket: 467313
Cited 2 times | Published
the court. The trial court determined that Section 718.401(4), Florida Statutes (1979), which requires
376 So. 2d 37
District Court of Appeal of Florida | Filed: Oct 23, 1979 | Docket: 1411677
Cited 2 times | Published
subsequent (present) statutory prohibition, Section 718.401(8), Florida Statutes (1977), became effective
883 So. 2d 352, 2004 WL 2101991
District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 1370052
Cited 1 times | Published
Florida Statutes, with id. § 682.02; see also id. § 718.401(1)(f). If so, the statute should be clarified
402 So. 2d 1327
District Court of Appeal of Florida | Filed: Aug 26, 1981 | Docket: 1691434
Cited 1 times | Published
ever be exercised? Under the provisions of Section 718.401(6)(C), Florida Statutes (1979), all that is
375 So. 2d 290
District Court of Appeal of Florida | Filed: Apr 25, 1979 | Docket: 1352802
Cited 1 times | Published
into the registry of the court as mandated by Section 718.401(4), Florida Statutes (1978 Supp.). After proper
170 So. 3d 147, 2015 Fla. App. LEXIS 10744, 2015 WL 4249732
District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2679098
Published
pursuant to the Condominium Act of Florida, section 718.401(8)(a), Florida Statutes (1983). Additionally
159 So. 3d 377, 2015 Fla. App. LEXIS 3615, 2015 WL 1088449
District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60246577
Published
pursuant to the Condominium Act of Florida, section 718.401(8)(a), Florida Statutes (1983). Additionally
119 So. 3d 473, 2013 WL 3449751, 2013 Fla. App. LEXIS 10940
District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60233613
Published
of a limited common element. They note that section 718.401(1), Florida Statutes (2005), provides that
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
In Hovnanian, the court examined whether section 718.401, Florida Statutes, invalidated an escalation
763 So. 2d 1085, 2000 Fla. App. LEXIS 4276, 2000 WL 369126
District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64799183
Published
be made into the court registry pursuant to section 718.401(l)(d)l, Florida Statutes (1997). Florida Discount
661 So. 2d 24, 1994 Fla. App. LEXIS 12564, 20 Fla. L. Weekly Fed. D 75
District Court of Appeal of Florida | Filed: Dec 28, 1994 | Docket: 64759133
Published
the unit owners. Ch. 79-166, Laws of Fla. See § 718.401(l)(d)l., Fla. Stat. (1993).
When the Florida Mobile
613 So. 2d 1358, 1993 Fla. App. LEXIS 1844, 1993 WL 36266
District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 64694374
Published
construction of a similar statutory provision in section 718.-401(4)(a), Florida Statutes, requiring deposit
610 So. 2d 661, 1992 Fla. App. LEXIS 12828, 1992 WL 371362
District Court of Appeal of Florida | Filed: Dec 16, 1992 | Docket: 64692842
Published
belief that the increases were prohibited by section 718.401, Florida Statutes (1987), subsequently renumbered
574 So. 2d 1135, 1991 Fla. App. LEXIS 643, 1991 WL 9551
District Court of Appeal of Florida | Filed: Jan 29, 1991 | Docket: 64656485
Published
after the 1984 escalation, was based solely on section 718.401(8)(a), Florida Statutes (1983), now section
567 So. 2d 1026, 1990 Fla. App. LEXIS 7690, 1990 WL 149818
District Court of Appeal of Florida | Filed: Oct 9, 1990 | Docket: 64653582
Published
escalation clauses to be void pursuant to section 718.-401(8)(a), Florida Statutes (1985). In light of
556 So. 2d 1197, 1990 Fla. App. LEXIS 878, 1990 WL 11125
District Court of Appeal of Florida | Filed: Feb 14, 1990 | Docket: 64648162
Published
into the registry of the court pursuant to section 718.401(4)(a), Florida Statutes (1987).
COOCVE is an
546 So. 2d 38, 14 Fla. L. Weekly 1538, 1989 Fla. App. LEXIS 3650, 1989 WL 69073
District Court of Appeal of Florida | Filed: Jun 28, 1989 | Docket: 64643575
Published
is five years.
Appellants’ contention that section 718.401(8), Florida Statutes (1985) renders the subject
528 So. 2d 992, 13 Fla. L. Weekly 1765, 1988 Fla. App. LEXIS 3399, 1988 WL 76004
District Court of Appeal of Florida | Filed: Jul 27, 1988 | Docket: 64636150
Published
void and unenforceable by § 718.401(8)(a), Florida Statutes.
1. Section 718.401(8)(a), Fla.Stat. (1985)
521 So. 2d 298, 13 Fla. L. Weekly 612, 1988 Fla. App. LEXIS 914, 1988 WL 18573
District Court of Appeal of Florida | Filed: Mar 8, 1988 | Docket: 64633156
Published
Smith, 445 So.2d 1032 (Fla. 5th DCA 1984). See § 718.401(4), Fla.Stat. (1985); Farrell v. Drew, 19 N.Y
518 So. 2d 967, 13 Fla. L. Weekly 231, 1988 Fla. App. LEXIS 278, 1988 WL 4039
District Court of Appeal of Florida | Filed: Jan 19, 1988 | Docket: 64632091
Published
recreation leases and both of which hold that section 718.401(8), Florida Statutes (1985), previously section
518 So. 2d 967, 13 Fla. L. Weekly 231, 1988 Fla. App. LEXIS 278, 1988 WL 4039
District Court of Appeal of Florida | Filed: Jan 19, 1988 | Docket: 64632091
Published
recreation leases and both of which hold that section 718.401(8), Florida Statutes (1985), previously section
512 So. 2d 349, 12 Fla. L. Weekly 2243, 1987 Fla. App. LEXIS 10231
District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 64629307
Published
the addition of section 711.231 [renumbered section 718.401(8)(a) ]. That amendment prohibited and declared
507 So. 2d 622, 12 Fla. L. Weekly 980, 1987 Fla. App. LEXIS 7560
District Court of Appeal of Florida | Filed: Apr 8, 1987 | Docket: 64627314
Published
At issue in Cove Club Investors was whether section 718.401(8), Florida Statutes (1977), applied. That
480 So. 2d 131, 10 Fla. L. Weekly 2698, 1985 Fla. App. LEXIS 17152
District Court of Appeal of Florida | Filed: Dec 6, 1985 | Docket: 64616241
Published
ground leases be declared invalid pursuant to section 718.-401(8)(a), Florida Statutes (1983), as to the
445 So. 2d 1071, 1984 Fla. App. LEXIS 11802
District Court of Appeal of Florida | Filed: Feb 15, 1984 | Docket: 64603132
Published
Appellants have not argued on appeal that section 718.401, Florida Statutes (1981),1 is applicable.
The
443 So. 2d 1034, 1983 Fla. App. LEXIS 25394
District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 64602147
Published
were executed prior to the effective date of Section 718.401(8)(a), Florida Statutes (1981) which declared
441 So. 2d 154, 1983 Fla. App. LEXIS 24419
District Court of Appeal of Florida | Filed: Apr 26, 1983 | Docket: 64600989
Published
PER CURIAM.
Section 718.401(8), Florida Statutes (1981), which prohibits rental escalation clauses in
380 So. 2d 572, 1980 Fla. App. LEXIS 15651
District Court of Appeal of Florida | Filed: Mar 5, 1980 | Docket: 64574721
Published
the deposit order was entered pursuant to Section 718.-401(4), Florida Statutes (1977). Appellant’s argument
370 So. 2d 100, 1979 Fla. App. LEXIS 14547
District Court of Appeal of Florida | Filed: May 2, 1979 | Docket: 64569926
Published
for the deposit of rent monies pursuant to Section 718.401(4) Florida Statutes (1977) and withdrawal of
359 So. 2d 546, 1978 Fla. App. LEXIS 15694
District Court of Appeal of Florida | Filed: May 31, 1978 | Docket: 64564829
Published
deposits from the court registry pursuant to Section 718.401(4), Florida Statutes (1977).
Appellants, the
