Florida Statute 718.4015 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 718.4015

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.4015.

Annotations, Discussions, Cases:

Cases Citing Statute 718.4015

Total Results: 12

Moonlit Waters Apartments, Inc. v. Cauley

Court: Fla. Dist. Ct. App. | Date Filed: 1995-03-14T23:53:00-08:00

Citation: 651 So. 2d 1269

Snippet: and 719, Florida Statutes. It created sections 718.4015 and 719.4015, which declare it to be the public… cooperatives, declaring such clauses void. §§ 718.4015(1), 719.4015(1), Fla. Stat. (1993) (emphasis added

MAISON GRANDE CONDO. ASS'N v. Dorten

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-06T00:53:00-07:00

Citation: 621 So. 2d 762

Snippet: the escalation provision was void under section 718.4015(2), Florida Statutes. Defendant prevailed on a

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

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-06T00:00:00-07:00

Citation: 621 So. 2d 762

Snippet: the escalation provision was void under section 718.4015(2), Florida Statutes. Defendant prevailed on a

Regency Villas Condominium Ass'n v. Keltner

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-16T00:00:00-08:00

Citation: 610 So. 2d 661

Snippet: Statutes (1987), subsequently renumbered section 718.4015, Florida Statutes (1988 Supp.). This statute declares…action to determine the applicability of section 718.4015. In response, the condominium association and …judgment in favor of appellees, finding that section 718.4015 was inapplicable for several reasons. This holding…escalation provision is barred by the statute, section 718.4015, since, as conceded by all parties in oral argument…contain an escalation clause as defined in section 718.4015; the subleases were not initially executed by

MAISON GRANDE CONDO. v. Dorten, Inc.

Court: Fla. | Date Filed: 1992-06-04T00:53:00-07:00

Citation: 600 So. 2d 463

Snippet: the district court expressly declared section 718.4015, Florida Statutes (Supp. 1988), unconstitutional…retroactive application of the predecessor to section 718.4015 would violate the contracts clause of the Florida…(1932). Until the trial court declared section 718.4015 unconstitutional, the statute was valid and the…up to the time the trial court declared section 718.4015 unconstitutional must be excused and that it is…associated with Dorten's effort to have section 718.4015 declared unconstitutional. Furthermore, Maison

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

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-28T00:53:00-07:00

Citation: 580 So. 2d 859

Snippet: by the virtually identical section 718.4015(1). Section 718.4015 again prohibited escalation clauses …Maison Grande seeking a declaration that section 718.4015 violated Article I, section 10, of the United …count for declaratory relief, declaring section 718.4015 unconstitutional. The trial court also awarded…section 711.231, the earliest incarnation of section 718.4015, prohibiting the enforcement of escalation clauses… In Golden Glades, the court held that section 718.4015 did not prohibit the enforcement of an escalation

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

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-29T00:00:00-08:00

Citation: 574 So. 2d 1135, 1991 Fla. App. LEXIS 643, 1991 WL 9551

Snippet: 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.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-10-09T00:00:00-07:00

Citation: 567 So. 2d 1026, 1990 Fla. App. LEXIS 7690, 1990 WL 149818

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

Beeman v. Island Breakers

Court: Fla. Dist. Ct. App. | Date Filed: 1990-06-26T00:53:00-07:00

Citation: 577 So. 2d 1341

Snippet: created section 718.4015, Florida Statutes (Supp. 1988). Portions of section 718.4015 were transferred…to rely on the statute now codified as section 718.4015, Florida Statutes (1989), which declares that …such clauses. The critical question under section 718.4015 and predecessor statutes,[3] however, is whether…unconscionable and may not be enforced. Since section 718.4015 is merely an alternative *1347 avenue to reach…Florida Statutes (1987), to a newly created section 718.4015, Florida Statutes (Supp. 1988). The predecessor

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

Court: Fla. | Date Filed: 1990-03-01T00:00:00-08:00

Citation: 557 So. 2d 1356

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

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

Court: Fla. | Date Filed: 1990-02-28T23:53:00-08:00

Citation: 557 So. 2d 1350

Snippet: section 718.4015 to modify what was previously set forth in section 718.401(8). Section 718.4015, Florida…#39;s decision, the legislature enacted section 718.4015, Florida Statutes (Supp. 1988), which included….401. Further, the legislature amended section 718.4015 in 1989 to clarify its 1988 enactment. We rephrase…question as follows: TO WHAT EXTENT DOES SECTION 718.4015(2), FLORIDA STATUTES, PROHIBIT ENFORCEMENT OF …added.) In 1989, the legislature amended section 718.4015 by chapter 89-164, Laws of Florida, to clarify

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

Court: Fla. Dist. Ct. App. | Date Filed: 1989-06-28T00:00:00-07:00

Citation: 546 So. 2d 38

Snippet: .401(8) and replaced it with section 718.-4015. Section 718.4015(2) states that “[t]he application of …88-225, Laws of Florida (codified at Fla.Stat. 718.4015 (1988)), which became effective October 1, 1988