Florida Statute 719.105 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 719
COOPERATIVES

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F.S. 719.105

719.105 Cooperative parcels; appurtenances; possession and enjoyment.—

(1) Each cooperative parcel has, as appurtenances thereto:

(a) Evidence of membership, ownership of shares, or other interest in the association with the full voting rights appertaining thereto. Such evidence must include a legal description of each dwelling unit and must be recorded in the office of the clerk of the circuit court as required by s. 201.02(3).

(b) An undivided share in the assets of the association.

(d) An undivided share in the common surplus attributable to the unit.

(e) Any other appurtenances provided for in the cooperative documents.

(2) Each unit owner is entitled to the exclusive possession of his or her unit. The unit owner is entitled to use the common areas in accordance with the purposes for which they are intended, but no use may hinder or encroach upon the rights of other unit owners.

(3) When a unit is leased, the tenant has all use rights in the association property available for use generally by the unit owner and the unit owner does not have such rights except as a guest. This subsection does not interfere with the access rights of the unit owner as a landlord pursuant to chapter 83. The association may adopt rules to prohibit dual usage by a unit owner and a tenant of cooperative property.

History.—s. 2, ch. 76-222; s. 13, ch. 86-175; s. 11, ch. 92-32; s. 19, ch. 92-49; s. 876, ch. 97-102.

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Amendments to 719.105

Arrestable Offenses / Crimes under Fla. Stat. 719.105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 719.105.

Annotations, Discussions, Cases:

Cases Citing Statute 719.105

Total Results: 8

Moore v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-05-07

Citation: 137 So. 3d 611, 2014 WL 1795685, 2014 Fla. App. LEXIS 6729

Snippet: 2003) (quoting Carchman v. Nash, 473 U.S. 716, 719, 105 S.Ct. 3401, 87 L.Ed.2d 516 (1985)).

Key Largo Ocean Resort Co-Op, Inc. v. Monroe County

Court: District Court of Appeal of Florida | Date Filed: 2009-02-04

Citation: 5 So. 3d 31, 2009 Fla. App. LEXIS 754, 2009 WL 249248

Snippet: county in which the cooperative is located"); § 719.105(1)(a), Fla. Stat. (2008) (requiring that a legal

McAllister v. BREAKERS SEVILLE ASS'N, INC.

Court: District Court of Appeal of Florida | Date Filed: 2008-05-07

Citation: 981 So. 2d 566, 2008 Fla. App. LEXIS 8072, 2008 WL 1958678

Snippet: modify it without McAllister's consent. Section 719.105(1), Florida Statutes (2000), addresses appurtenances

Monroe v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-09-07

Citation: 978 So. 2d 177, 2007 WL 2535259

Snippet: jurisdiction. See Carchman v. Nash, 473 U.S. 716, 719, 105 S.Ct. 3401, 87 L.Ed.2d 516 (1985); see also New

Chapman v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-09-23

Citation: 910 So. 2d 940, 2005 WL 2319009

Snippet: 2003) (citing Carchman v. Nash, 473 U.S. 716, 719, 105 S.Ct. 3401, 87 L.Ed.2d 516 (1985)).

Gethers v. State

Court: Supreme Court of Florida | Date Filed: 2003-01-16

Citation: 838 So. 2d 504, 2003 WL 124541

Snippet: is imminent." Carchman v. Nash, 473 U.S. 716, 719, 105 S.Ct. 3401, 87 L.Ed.2d 516 (1985); see also Bogue

Perkins v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-09-08

Citation: 766 So. 2d 1173, 2000 WL 1268826

Snippet: is imminent." Carchman v. Nash, 473 U.S. 716, 719, 105 S.Ct. 3401, 87 L.Ed.2d 516 (1985). Since Perkins

Bogue v. Fennelly

Court: District Court of Appeal of Florida | Date Filed: 1997-05-28

Citation: 705 So. 2d 575, 1997 WL 276289

Snippet: jurisdiction. See Carchman v. Nash, 473 U.S. 716, 719, 105 S.Ct. 3401, 3403, 87 L.Ed.2d 516 (1985); Moody