Florida Statute 718.4015 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.4015

718.4015 Condominium leases; escalation clauses.—

(1) It is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in land leases or other leases or agreements for recreational facilities, land, or other commonly used facilities serving residential condominiums, and such clauses are hereby declared void for public policy. For the purposes of this section, an escalation clause is any clause in a condominium lease or agreement which provides that the rental under the lease or agreement shall increase at the same percentage rate as any nationally recognized and conveniently available commodity or consumer price index.

(2) This public policy prohibits the inclusion or enforcement of such escalation clauses in leases related to condominiums for which the declaration of condominium was recorded on or after June 4, 1975; it prohibits the enforcement of escalation clauses in leases related to condominiums for which the declaration of condominium was recorded prior to June 4, 1975, but which have been refused enforcement on the grounds that the parties agreed to be bound by subsequent amendments to the Florida Statutes or which have been found to be void because of a finding that such lease is unconscionable or which have been refused enforcement on the basis of the application of former s. 711.231 or former s. 718.401(8); and it prohibits any further escalation of rental fees after October 1, 1988, pursuant to escalation clauses in leases related to condominiums for which the declaration was recorded prior to June 4, 1975.

(3) The provisions of this section 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.

History.—s. 7, ch. 88-148; s. 2, ch. 88-225; s. 1, ch. 89-164.

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Amendments to 718.4015

Annotations, Discussions, Cases:

Cases Citing Statute 718.4015

Total Results: 13

MAISON GRANDE CONDO. ASS'N v. Dorten

621 So. 2d 762

District Court of Appeal of Florida | Filed: Jul 6, 1993 | Docket: 1266150

Cited 5 times | Published

that the escalation provision was void under section 718.4015(2), Florida Statutes. Defendant prevailed

MAISON GRANDE CONDO. v. Dorten, Inc.

600 So. 2d 463, 1992 WL 117265

Supreme Court of Florida | Filed: Jun 4, 1992 | Docket: 1527864

Cited 5 times | Published

which the district court expressly declared section 718.4015, Florida Statutes (Supp. 1988), unconstitutional

MAISON GRANDE CONDO. ASS'N, INC. v. Dorten, Inc.

580 So. 2d 859, 1991 WL 87231

District Court of Appeal of Florida | Filed: May 28, 1991 | Docket: 1365374

Cited 4 times | Published

replaced by the virtually identical section 718.4015(1). Section 718.4015 again prohibited escalation clauses

Ass'n of Golden Glades Condo. Club, Inc. v. SECURITY MGMT. CORP.

557 So. 2d 1350, 1990 WL 20559

Supreme Court of Florida | Filed: Mar 1, 1990 | Docket: 1512286

Cited 4 times | Published

court's decision, the legislature enacted section 718.4015, Florida Statutes (Supp. 1988), which included

Maison Grande Condominium Ass'n v. Dorten, Inc.

621 So. 2d 762, 1993 Fla. App. LEXIS 7026, 1993 WL 243128

District Court of Appeal of Florida | Filed: Jul 6, 1993 | Docket: 64697804

Cited 2 times | Published

that the escalation provision was void under section 718.4015(2), Florida Statutes. Defendant prevailed

Beeman v. Island Breakers

577 So. 2d 1341, 1990 WL 88026

District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 1160413

Cited 2 times | Published

is to rely on the statute now codified as section 718.4015, Florida Statutes (1989), which declares that

Colony Beach & Tennis Club Ass'n v. Colony Beach & Tennis Club, Inc. (In Re Colony Beach & Tennis Club Ass'n)

423 B.R. 690, 22 Fla. L. Weekly Fed. B 297, 2010 Bankr. LEXIS 148, 2010 WL 286615

United States Bankruptcy Court, M.D. Florida | Filed: Jan 15, 2010 | Docket: 1638474

Published

unenforceable as against public policy under Section 718.4015 of the Florida Statutes, the Court concludes

In Re Maison Grande Condominium Ass'n, Inc.

425 B.R. 684, 72 U.C.C. Rep. Serv. 2d (West) 575, 22 Fla. L. Weekly Fed. B 257, 63 Collier Bankr. Cas. 2d 872, 2010 Bankr. LEXIS 185, 52 Bankr. Ct. Dec. (CRR) 197

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 13, 2010 | Docket: 2557905

Published

void as against public policy. See Fla. Stat. § 718.4015. Because that statute was enacted after the Lease

Regency Villas Condominium Ass'n v. Keltner

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

Florida Statutes (1987), subsequently renumbered section 718.4015, Florida Statutes (1988 Supp.). This statute

Sky Lake Gardens Recreation, Inc. v. Sky Lake Gardens Nos. 1, 3, & 4, Inc.

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

718.401(8)(a), Florida Statutes (1983), now section 718.-4015(2), Florida Statutes (1989), and not on proof

Sky Lake Gardens Recreation, Inc. v. Sky Lake Gardens Nos. 1, 3, & 4, Inc.

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

718.401(8)(a), Florida Statutes (1983), now section 718.-4015(2), Florida Statutes (1989), and not on proof

Condominium Ass'n of Plaza Towers North, Inc. v. Plaza Recreation Development Corp.

557 So. 2d 1356, 15 Fla. L. Weekly Supp. 117, 1990 Fla. LEXIS 312, 1990 WL 20552

Supreme Court of Florida | Filed: Mar 1, 1990 | Docket: 64648741

Published

result only. This statute was renumbered as section 718.4015 in 1988 and has been amended since 1975. For

Garden Isles Apartments No. 3, Inc. v. Connolly

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

Chapter 88-225, Laws of Florida (codified at Fla.Stat. 718.4015 (1988)), which became effective October 1