Florida Statute 718.404 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 718.404

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.404.

Annotations, Discussions, Cases:

Cases Citing Statute 718.404

Total Results: 4

Tropicana Condominium Assoc. v. Tropical Condominium, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-16T00:00:00-08:00

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

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

Cohn v. GRAND CONDOMINIUM ASSOCIATION, INC.

Court: Fla. | Date Filed: 2011-03-31T00:00:00-07:00

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

Snippet: at-large. In 1995, the Legislature enacted section 718.404, Florida Statutes, regulating mixed-use condominiums…condominiums. Ch. 95-274, § 38, Laws of Fla. Section 718.404(2) established that in mixed-use condominiums with…directors. In 2007, the Legislature amended section 718.404(2) to make it retroactive, adding, "This subsection… action, seeking a declaration that subsection 718.404(2) constituted an unconstitutional impairment of… power, the retroactive application of section 718.404(2) would alter the rights of The Grand's unit

Cohn v. GRAND CONDOMINIUM ASS'N, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-12T00:00:00-08:00

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

Snippet: appeal of a summary judgment which found subsection 718.404(2), Florida Statutes (2007), unconstitutional as…1993. In 1995, the legislature enacted section 718.404, Florida Statutes (1995), entitled Mixed-Use Condominiums…, § 38, Laws of Fla. Subsection (2) of section 718.404 addressed voting and stated: "Subject to s… seats on the board of administration." § 718.404(2), Fla. Stat. (1995). The statute was silent on…residential unit owners in accordance with subsection 718.404(2). The Association filed a declaratory judgment

Ago

Court: Fla. Att'y Gen. | Date Filed: 2007-01-25T23:53:00-08:00

Snippet: condominium and is subject to the requirements of s. 718.404."8 (e.s.) Regardless of whether a condominium…of compliance with the requirements in section 718.404, Florida Statutes. Section718.404, Florida Statutes… and effective 11-30-04. . . ." 8 Section 718.404, Fla. Stat., sets forth provisions for mixed-use