CopyCited 103 times | Published | Florida 3rd District Court of Appeal
...Every condominium created and existing in this state shall be subject to the provisions of this chapter. §
718.102(1), (2), Fla. Stat. (1979). Nowhere, either in its statements of purpose or other provisions, does chapter 718 expressly preempt [5] the subject to the state. [6] Appellees argue that section
718.507, which prohibits laws concerning use, location, placement and construction of buildings, subject to the condominium form of ownership, preempts the subject....
...Do the ordinances in question conflict with state law? The final judgment permanently enjoining the enforcement of the subject ordinances specified that conflict existed between the ordinances and sections
718.105,
718.107,
718.402,
718.501,
718.502,
718.503,
718.504, and
718.507 of the Condominium Act....
...80-2197, § 3 (as disclosure requirements prior amended) prohibits sale or to sale. conversion for 90 days. G. Section
718.504 regulates the Ordinance No. 80-2197, § 3 (as prospectus or offering circular. amended) prohibits sale or conversion for 90 days. H. Section
718.507 prohibits any Ordinance No....
0 red0 yellow18 green17 procedural
Cited as authorityD'Agastino (2017)phrase: "rule_authority"
Cited as authorityBrowning (2007)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...rector is erroneous. Further, §
718.502(4), Fla. Stat., does not provide that developers need not meet other requirements, only that they need not file the same documents twice with the state. "Plaintiffs contend that Ordinance 84-46 conflicts with §
718.507, Fla....
0 red0 yellow2 green0 procedural
Cited as authorityBrowning (2007)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1609, 1988 Fla. App. LEXIS 2910, 1988 WL 68505
...estiture of title is improper. The City responds by asserting that the local subdivision ordinances were applicable to condominiums, that equitable estoppel is inappropriate, and that the relief granted by the court was proper. Orange West relies on section 718.507, Florida Statutes (1985) in support of its argument that the state has preempted the condominium regulation field from the municipalities and therefore, only compliance with the condominium statute plat requirements is required. Section 718.507 provides: 718.507 Zoning and building laws, ordinances, and regulations....
...ng body of the county in which the land is located. The language contained in section 718.-507 cannot be interpreted to mean that municipal regulations do not apply to condominiums. The Third District rejected a similar preemption argument, based on section 718.507, noting that: the language of that section when read as a whole ......
