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: District Court of Appeal of Florida | Date Filed: 1995-03-15

Citation: 651 So. 2d 1269, 1995 WL 106245

Snippet: and 719, Florida Statutes. It created sections 718.4015 and 719.4015, which declare it to be the public

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

Court: District Court of Appeal of Florida | Date Filed: 1993-07-06

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

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

MAISON GRANDE CONDO. ASS'N v. Dorten

Court: District Court of Appeal of Florida | Date Filed: 1993-07-06

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: District Court of Appeal of Florida | Date Filed: 1992-12-16

Citation: 610 So. 2d 661, 1992 Fla. App. LEXIS 12828, 1992 WL 371362

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

MAISON GRANDE CONDO. v. Dorten, Inc.

Court: Supreme Court of Florida | Date Filed: 1992-06-04

Citation: 600 So. 2d 463, 1992 WL 117265

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

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

Court: District Court of Appeal of Florida | Date Filed: 1991-05-28

Citation: 580 So. 2d 859, 1991 WL 87231

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

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

Court: District Court of Appeal of Florida | Date Filed: 1991-01-29

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

Snippet: 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: District Court of Appeal of Florida | Date Filed: 1990-10-09

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

Snippet: 401(8)(a), Florida Statutes (1983), now section 718.-4015(2), Florida Statutes (1989), and not on proof

Beeman v. Island Breakers

Court: District Court of Appeal of Florida | Date Filed: 1990-06-26

Citation: 577 So. 2d 1341, 1990 WL 88026

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

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

Court: Supreme Court of Florida | Date Filed: 1990-03-01

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

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: Supreme Court of Florida | Date Filed: 1990-03-01

Citation: 557 So. 2d 1350, 1990 WL 20559

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

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

Court: District Court of Appeal of Florida | Date Filed: 1989-06-28

Citation: 546 So. 2d 38, 14 Fla. L. Weekly 1538, 1989 Fla. App. LEXIS 3650, 1989 WL 69073

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