Florida Statute 718.404 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.404

718.404 Mixed-use condominiums.—When a condominium consists of both residential and commercial units, the following provisions shall apply:

(1) The condominium documents shall not provide that the owner of any commercial unit shall have the authority to veto amendments to the declaration, articles of incorporation, bylaws, or rules or regulations of the association. This subsection shall apply retroactively as a remedial measure.

(2) Subject to s. 718.301, where the number of residential units in the condominium equals or exceeds 50 percent of the total units operated by the association, owners of the residential units shall be entitled to vote for a majority of the seats on the board of administration. This subsection shall apply retroactively as a remedial measure.

(3) In the declaration of condominium for mixed-use condominiums created after January 1, 1996, the ownership share of the common elements assigned to each unit shall be based either on the total square footage of each unit in uniform relationship to the total square footage of each other unit in the condominium or on an equal fractional basis.

(4) The provisions of this section shall not apply to timeshare condominiums.

History.—s. 38, ch. 95-274; s. 4, ch. 96-396; s. 5, ch. 2007-173.

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Amendments to 718.404

Annotations, Discussions, Cases:

Cases Citing Statute 718.404

Total Results: 4

Cohn v. GRAND CONDOMINIUM ASSOCIATION, INC.

62 So. 3d 1120, 36 Fla. L. Weekly Supp. 129, 2011 Fla. LEXIS 734, 2011 WL 1158938

Supreme Court of Florida | Filed: Mar 31, 2011 | Docket: 2363041

Cited 13 times | Published

at-large. In 1995, the Legislature enacted section 718.404, Florida Statutes, regulating mixed-use condominiums

Cohn v. GRAND CONDOMINIUM ASS'N, INC.

26 So. 3d 8, 2009 Fla. App. LEXIS 16833, 2009 WL 3763031

District Court of Appeal of Florida | Filed: Nov 12, 2009 | Docket: 489666

Cited 2 times | Published

in 1993. In 1995, the legislature enacted section 718.404, Florida Statutes (1995), entitled Mixed-Use

Tropicana Condominium Assoc. v. Tropical Condominium, LLC

208 So. 3d 755, 2016 Fla. App. LEXIS 17090

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539037

Cited 1 times | Published

(Fla. 2011) (holding that an amendment to section 718.404(2) of the Florida Statutes, which altered voting

Ago

Florida Attorney General Reports | Filed: Jan 26, 2007 | Docket: 3255984

Published

purposes of compliance with the requirements in section 718.404, Florida Statutes. Section718.404, Florida