Florida Statute 719.107 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 719
COOPERATIVES

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F.S. 719.107

719.107 Common expenses; assessment.—

(1)(a) Common expenses include the expenses of the operation, maintenance, repair, or replacement of the cooperative property; costs of carrying out the powers and duties of the association; and any other expense, whether or not included in this paragraph, designated as common expense by this chapter or the cooperative documents.

(b) If so provided in the bylaws, the cost of communications services as defined in chapter 202, information services, or Internet services obtained pursuant to a bulk contract shall be deemed a common expense, and if not obtained pursuant to a bulk contract, such cost shall be considered common expense if it is designated as such in a written contract between the board of administration and the company providing the communications services as defined in chapter 202, information services, or Internet services. The contract shall be for a term of not less than 2 years.

1. Any contract made by the board after April 2, 1992, for a community antenna system or duly franchised cable television service, communications services as defined in chapter 202, information services, or Internet services may be canceled by a majority of the voting interests present at the next regular or special meeting of the association. Any member may make a motion to cancel the contract, but if no motion is made or if such motion fails to obtain the required majority at the next regular or special meeting, whichever is sooner, following the making of the contract, then such contract shall be deemed ratified for the term therein expressed.

2. Any such contract shall provide, and shall be deemed to provide if not expressly set forth, that any hearing impaired or legally blind unit owner who does not occupy the unit with a nonhearing impaired or sighted person may discontinue the service without incurring disconnect fees, penalties, or subsequent service charges, and as to such units, the owners shall not be required to pay any common expenses charge related to such service. If less than all members of an association share the expenses of cable television, the expense shall be shared equally by all participating unit owners. The association may use the provisions of s. 719.108 to enforce payment of the shares of such costs by the unit owners receiving cable television.

(c) If any unpaid share of common expenses or assessments is extinguished by foreclosure of a superior lien or by a deed in lieu of foreclosure thereof, the unpaid share of common expenses or assessments are common expenses collectible from all the unit owners in the cooperative in which the unit is located.

(d) With respect to each timeshare unit, each owner of a timeshare estate therein is jointly and severally liable for the payment of all assessments and other charges levied against or with respect to that unit pursuant to the cooperative documents, except to the extent that the cooperative documents provide to the contrary. This paragraph does not apply to any unit that is not committed to a timeshare plan.

(e) Common expenses include the costs of insurance acquired by the association under the authority of s. 719.104(3), including costs and contingent expenses required to participate in a self-insurance fund authorized and approved pursuant to s. 624.462.

(2) Funds for the payment of common expenses shall be collected by assessments against unit owners in the proportions or percentages of sharing common expenses provided in the cooperative documents.

History.—s. 2, ch. 76-222; s. 1, ch. 77-174; s. 16, ch. 86-175; s. 21, ch. 92-49; s. 2, ch. 2000-302; s. 12, ch. 2007-80; s. 11, ch. 2018-96.

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Amendments to 719.107

Arrestable Offenses / Crimes under Fla. Stat. 719.107

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 719.107.

Annotations, Discussions, Cases:

Cases Citing Statute 719.107

Total Results: 20

Westbrooks v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-06-13

Citation: 145 So. 3d 874, 2014 WL 2619430, 2014 Fla. App. LEXIS 9103

Snippet: 352 (Fla.1989) (quoting Hall v. State, 90 Fla. 719, 107 So. 246, 247 (1925)). This court recently reversed

Tate v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-08

Citation: 136 So. 3d 624, 2013 Fla. App. LEXIS 17908, 2013 WL 5951702

Snippet: 353 (Fla.1989) (citing Hall v. State, 90 Fla. 719, 107 So. 246, 247 (1925)). In order to prove the offense

State v. Sims

Court: District Court of Appeal of Florida | Date Filed: 2013-03-25

Citation: 110 So. 3d 113, 2013 WL 1194940, 2013 Fla. App. LEXIS 5047

Snippet: 555 So.2d at 353 (quoting Hall v. State, 90 Fla. 719, 107 So. 246 (1925)). With due respect for our colleague

Nelson v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-02-27

Citation: 867 So. 2d 534, 2004 WL 354957

Snippet: searched. See O'Connor v. Ortega, 480 U.S. 709, 719, 107 S.Ct. 1492, 1498-99, 94 L.Ed.2d 714 (1987). Here

Luscomb v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-08-25

Citation: 660 So. 2d 1099, 1995 Fla. App. LEXIS 8993, 1995 WL 502059

Snippet: 2d at 581 [relying upon Hall v. State, 90 Fla. 719, 107 So. 246 (1925)]. As Judge Hubbart noted in his

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 1985-02-26

Citation: 466 So. 2d 301, 24 Educ. L. Rep. 603

Snippet: manslaughter conviction reversed); Hall v. State, 90 Fla. 719, 107 So. 246 (1925) (state's evidence deemed insufficient

Owen v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-04-29

Citation: 432 So. 2d 579

Snippet: committed the offense charged. Hall v. State, 90 Fla. 719, 107 So. 246 (1925); Harrison v. State, 104 So.2d 391

Green v. State

Court: District Court of Appeal of Florida | Date Filed: 1982-01-20

Citation: 408 So. 2d 1086

Snippet: inconsistent with innocence. Hall v. State, 90 Fla. 719, 107 So. 246 (1925). Circumstantial evidence must eliminate

Bayshore Cooperative, Inc. v. Russcol

Court: District Court of Appeal of Florida | Date Filed: 1980-06-24

Citation: 386 So. 2d 1207, 1980 Fla. App. LEXIS 17454

Snippet: shares equal. See § 719.107(2), Fla.Stat. (1977).1 Affirmed. . Section 719.107(2), Florida Statutes

Wright v. State

Court: District Court of Appeal of Florida | Date Filed: 1966-02-01

Citation: 182 So. 2d 273

Snippet: the tests set forth in Hall v. State, 90 Fla. 719, 107 So. 246; Frank v. State, 121 Fla. 53, 163 So.

Head v. State

Court: Supreme Court of Florida | Date Filed: 1952-12-16

Citation: 62 So. 2d 41, 1952 Fla. LEXIS 1879

Snippet: inconsistent with innocence. Hall v. State, 90 Fla. 719, 107 So. 246; Parish v. State, supra. Measured in the

Chason v. State

Court: Supreme Court of Florida | Date Filed: 1941-11-21

Citation: 4 So. 2d 691, 148 Fla. 540, 1941 Fla. LEXIS 932

Snippet: Fla. 214, 107 Sp. 360; Hall v. State, 90 Fla. 719, 107 Sp. 246; Asher v. State, 90 Fla. 75, 105 So. 140;

Victor v. State

Court: Supreme Court of Florida | Date Filed: 1939-08-01

Citation: 193 So. 762, 141 Fla. 508, 1939 Fla. LEXIS 1345

Snippet: will sustain a conviction. Hall v. State, 90 Fla. 719;107 So. 246; Cannon v. State, 91 Fla. 214, 107 So.

Benton v. State

Court: Supreme Court of Florida | Date Filed: 1937-02-26

Citation: 172 So. 858, 127 Fla. 206, 1937 Fla. LEXIS 1439

Snippet: 214, 107 South. Rep. 360; Hall v. State, 90 Fla. 719, 107 South. Rep. 246; Asher v. State, 90 Fla. 75, 105

Frank v. State

Court: Supreme Court of Florida | Date Filed: 1935-09-30

Citation: 163 So. 223, 121 Fla. 53, 1935 Fla. LEXIS 1503

Snippet: inconsistent with innocence. Hall v. State, 90 Fla. 719, 107 So.2d 246; Cannon v. State, 91 Fla. 214, 107 So

McCall v. State

Court: Supreme Court of Florida | Date Filed: 1935-08-29

Citation: 163 So. 38, 120 Fla. 707, 1935 Fla. LEXIS 1456

Snippet: Fla. 214, 107 So.2d 360; Fall v. State, 90 Fla. 719, 107 So.2d 246; Asher v. State, 90 Fla. 75, 105 So

McCall v. State

Court: Supreme Court of Florida | Date Filed: 1934-08-10

Citation: 156 So. 325, 116 Fla. 179, 1934 Fla. LEXIS 1034

Snippet: Fla. 214, 107 So.2d 360; Fall v. State, 90 Fla. 719, 107 So.2d 246; Asher v. State, 90 Fla. 75, 105 So

Leavine v. State

Court: Supreme Court of Florida | Date Filed: 1933-04-18

Citation: 147 So. 897, 109 Fla. 447

Snippet: 214, 107 So.2d Rep. 350; Hall v. State, 90 Fla. 719, 107 So.2d Rep. 246. In the case of Ford v. State,

Armstrong v. State

Court: Supreme Court of Florida | Date Filed: 1933-01-02

Citation: 145 So. 212, 107 Fla. 494

Snippet: 162, 133 Sou. Rep. 873; Hall vs. State, 90 Fla. 719, 107 Sou. Rep. 246; Adams v. State, 96 Fla. 356, 118

Carver v. State

Court: Supreme Court of Florida | Date Filed: 1931-04-24

Citation: 134 So. 62, 101 Fla. 1421

Snippet: 72 Fla. 97, 72 So. 517; Hall v. State, 90 Fla. 719; 107 So. 246; Cannon v. State, 91 Fla. 214,107 So.