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Florida Statute 718.104 | Lawyer Caselaw & Research
F.S. 718.104 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 718
CONDOMINIUMS
View Entire Chapter
F.S. 718.104
718.104 Creation of condominiums; contents of declaration.Every condominium created in this state shall be created pursuant to this chapter.
(1) A condominium may be created on land owned in fee simple or held under a lease complying with the provisions of s. 718.401.
(2) A condominium is created by recording a declaration in the public records of the county where the land is located, executed and acknowledged with the requirements for a deed. All persons who have record title to the interest in the land being submitted to condominium ownership, or their lawfully authorized agents, must join in the execution of the declaration. Upon the recording of the declaration, or an amendment adding a phase to the condominium under s. 718.403(6), all units described in the declaration or phase amendment as being located in or on the land then being submitted to condominium ownership shall come into existence, regardless of the state of completion of planned improvements in which the units may be located or any other requirement or description that a declaration may provide. Upon recording the declaration of condominium pursuant to this section, the developer shall file the recording information with the division within 120 calendar days on a form prescribed by the division.
(3) All persons who have any record interest in any mortgage encumbering the interest in the land being submitted to condominium ownership must either join in the execution of the declaration or execute, with the requirements for deed, and record, a consent to the declaration or an agreement subordinating their mortgage interest to the declaration.
(4) The declaration must contain or provide for the following matters:
(a) A statement submitting the property to condominium ownership.
(b) The name by which the condominium property is to be identified, which shall include the word “condominium” or be followed by the words “a condominium.”
(c) The legal description of the land and, if a leasehold estate is submitted to condominium, an identification of the lease.
(d) An identification of each unit by letter, name, or number, or combination thereof, so that no unit bears the same designation as any other unit.
(e) A survey of the land which meets the standards of practice established by the Board of Professional Surveyors and Mappers, pursuant to s. 472.027, and a graphic description of the improvements in which units are located and a plot plan thereof that, together with the declaration, are in sufficient detail to identify the common elements and each unit and their relative locations and approximate dimensions. Failure of the survey to meet the standards of practice does not invalidate an otherwise validly created condominium. The survey, graphic description, and plot plan may be in the form of exhibits consisting of building plans, floor plans, maps, surveys, or sketches. If the construction of the condominium is not substantially completed, there shall be a statement to that effect, and, upon substantial completion of construction, the developer or the association shall amend the declaration to include the certificate described below. The amendment may be accomplished by referring to the recording data of a survey of the condominium that complies with the certificate. A certificate of a surveyor and mapper authorized to practice in this state shall be included in or attached to the declaration or the survey or graphic description as recorded under s. 718.105 that the construction of the improvements is substantially complete so that the material, together with the provisions of the declaration describing the condominium property, is an accurate representation of the location and dimensions of the improvements and so that the identification, location, and dimensions of the common elements and of each unit can be determined from these materials. Completed units within each substantially completed building in a condominium development may be conveyed to purchasers, notwithstanding that other buildings in the condominium are not substantially completed, provided that all planned improvements, including, but not limited to, landscaping, utility services and access to the unit, and common-element facilities serving such building, as set forth in the declaration, are first completed and the declaration of condominium is first recorded and provided that as to the units being conveyed there is a certificate of a surveyor and mapper as required above, including certification that all planned improvements, including, but not limited to, landscaping, utility services and access to the unit, and common-element facilities serving the building in which the units to be conveyed are located have been substantially completed, and such certificate is recorded with the original declaration or as an amendment to such declaration. This section does not, however, operate to require development of improvements and amenities declared to be included in future phases pursuant to s. 718.403 before conveying a unit as provided in this paragraph. For the purposes of this section, a “certificate of a surveyor and mapper” means certification by a surveyor and mapper in the form provided in this paragraph and may include, along with certification by a surveyor and mapper, when appropriate, certification by an architect or engineer authorized to practice in this state. Notwithstanding the requirements of substantial completion provided in this section, this paragraph does not prohibit or impair the validity of a mortgage encumbering units together with an undivided interest in the common elements as described in a declaration of condominium recorded before the recording of a certificate of a surveyor and mapper as provided in this paragraph.
(f) The undivided share of ownership of the common elements and common surplus of the condominium that is appurtenant to each unit stated as a percentage or a fraction of the whole. In the declaration of condominium for residential condominiums created after April 1, 1992, the ownership share of the common elements assigned to each residential unit shall be based either upon the total square footage of each residential unit in uniform relationship to the total square footage of each other residential unit in the condominium or on an equal fractional basis.
(g) The percentage or fractional shares of liability for common expenses of the condominium, which, for all residential units, must be the same as the undivided shares of ownership of the common elements and common surplus appurtenant to each unit as provided for in paragraph (f).
(h) If a developer reserves the right, in a declaration recorded on or after July 1, 2000, to create a multicondominium, the declaration must state, or provide a specific formula for determining, the fractional or percentage shares of liability for the common expenses of the association and of ownership of the common surplus of the association to be allocated to the units in each condominium to be operated by the association. If a declaration recorded on or after July 1, 2000, for a condominium operated by a multicondominium association as originally recorded fails to so provide, the share of liability for the common expenses of the association and of ownership of the common surplus of the association allocated to each unit in each condominium operated by the association shall be a fraction of the whole, the numerator of which is the number “one” and the denominator of which is the total number of units in all condominiums operated by the association.
(i) The name of the association, which must be a corporation for profit or a corporation not for profit.
(j) Unit owners’ membership and voting rights in the association.
(k) The document or documents creating the association, which may be attached as an exhibit.
(l) A copy of the bylaws, which shall be attached as an exhibit. Defects or omissions in the bylaws shall not affect the validity of the condominium or title to the condominium parcels.
(m) Other desired provisions not inconsistent with this chapter.
(n) The creation of a nonexclusive easement for ingress and egress over streets, walks, and other rights-of-way serving the units of a condominium, as part of the common elements necessary to provide reasonable access to the public ways, or a dedication of the streets, walks, and other rights-of-way to the public. All easements for ingress and egress shall not be encumbered by any leasehold or lien other than those on the condominium parcels, unless:
1. Any such lien is subordinate to the rights of unit owners, or
2. The holder of any encumbrance or leasehold of any easement has executed and recorded an agreement that the use-rights of each unit owner will not be terminated as long as the unit owner has not been evicted because of a default under the encumbrance or lease, and the use-rights of any mortgagee of a unit who has acquired title to a unit may not be terminated.
(o) If timeshare estates will or may be created with respect to any unit in the condominium, a statement in conspicuous type declaring that timeshare estates will or may be created with respect to units in the condominium. In addition, the degree, quantity, nature, and extent of the timeshare estates that will or may be created shall be defined and described in detail in the declaration, with a specific statement as to the minimum duration of the recurring periods of rights of use, possession, or occupancy that may be created with respect to any unit.
(5) The declaration as originally recorded or as amended under the procedures provided therein may include covenants and restrictions concerning the use, occupancy, and transfer of the units permitted by law with reference to real property. However, the rule against perpetuities shall not defeat a right given any person or entity by the declaration for the purpose of allowing unit owners to retain reasonable control over the use, occupancy, and transfer of units.
(6) A person who joins in, or consents to the execution of, a declaration subjects his or her interest in the condominium property to the provisions of the declaration.
(7) All provisions of the declaration are enforceable equitable servitudes, run with the land, and are effective until the condominium is terminated.
History.s. 1, ch. 76-222; s. 1, ch. 77-174; s. 2, ch. 78-328; s. 7, ch. 78-340; s. 1, ch. 79-314; s. 3, ch. 82-199; s. 2, ch. 84-368; s. 2, ch. 90-151; s. 2, ch. 91-103; ss. 1, 5, ch. 91-426; s. 122, ch. 94-119; s. 851, ch. 97-102; s. 1, ch. 98-195; s. 49, ch. 2000-302; s. 5, ch. 2002-27; s. 1, ch. 2013-122; s. 24, ch. 2014-147.

F.S. 718.104 on Google Scholar

F.S. 718.104 on Casetext

Amendments to 718.104


Arrestable Offenses / Crimes under Fla. Stat. 718.104
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.104.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ZURICH AMERICAN INSURANCE GROUP, v. DUNCAN, ON BEHALF OF DUNCAN, 889 F.3d 293 (6th Cir. 2018)

. . . . § 718.104(d)(5). Id. at A67 (ALJ Dec. at 30). . . .

WATERVIEW TOWERS CONDOMINIUM ASSOCIATION, INC. a J. O v. CITY OF WEST PALM BEACH, a LLC, a, 232 So. 3d 401 (Fla. Dist. Ct. App. 2017)

. . . . § 718.104(6), Fla. Stat. (1981). . . . City’s interest ,in the property is subject to the provisions of the Declaration pursuant to section 718.104 . . . equitable servi-tudes, run with the land, and are effective until the condominium is terminated.” § 718.104 . . .

SILVER BEACH TOWERS PROPERTY OWNERS ASSOCIATION, INC. v. SILVER BEACH INVESTMENTS OF DESTIN, L. C., 230 So. 3d 157 (Fla. Dist. Ct. App. 2017)

. . . See §§ 718.104(2), 718.105, Fla. Stat. . . .

BEACH CLUB TOWERS HOMEOWNERS ASSOCIATION, INC. v. JONES,, 231 So. 3d 566 (Fla. Dist. Ct. App. 2017)

. . . Section 718.104, Florida Statutes,- describes the process, by which a condominium is created and how . . . of the property to be submitted and a statement submitting the property to condominium ownership. § 718.104 . . . submitted to condominium ownership; a leasehold estate in the underlying land may be submitted instead. § 718.104 . . .

TROPICANA CONDOMINIUM ASSOCIATION, INC. v. TROPICAL CONDOMINIUM, LLC,, 208 So. 3d 755 (Fla. Dist. Ct. App. 2016)

. . . . § 718.104(5), Fla. Stat. (2013). . . .

VENTANA CONDOMINIUM ASSOCIATION, INC. a v. CHANCEY DESIGN PARTNERSHIP, INC. a GREGORY JONES, LLC, a, 203 So. 3d 175 (Fla. Dist. Ct. App. 2016)

. . . .” § 718.104(2), Fla. Stat. (2014). “The declaration must contain or provide for ... . . . .” § 718.104(4)(i), (k). . . .

IN RE MONTALVO,, 546 B.R. 880 (Bankr. M.D. Fla. 2016)

. . . . § 718.104(5). . Fla. Stat. § 718.104(7). . See, e.g., Foster v. . . .

COLLINS, v. POND CREEK MINING COMPANY, 751 F.3d 180 (4th Cir. 2014)

. . . . § 718.104(d) (instructing ALJs to give added consideration to the opinions of a treating physician, . . .

WESTMORELAND COAL COMPANY, INCORPORATED, v. L. STIDHAM, 561 F. App'x 280 (4th Cir. 2014)

. . . . § 718.104(d) (requiring the ALJ to “give consideration to the relationship between the miner and any . . .

ANTELOPE COAL COMPANY RIO TINTO ENERGY AMERICA, v. E. GOODIN, 743 F.3d 1331 (10th Cir. 2014)

. . . . § 718.104(a)(5). . . .

UNITED STATES v. FOREST HILL GARDENS EAST CONDOMINIUM ASSOCIATION, INC., 990 F. Supp. 2d 1344 (S.D. Fla. 2014)

. . . See §§ 718.104, ,112(l)(a), Fla. Stat. . § 718.112(2)(d)-(e), Fla. Stat. .§ 718.115(2), Fla. Stat. . . .

CONSOLIDATION COAL COMPANY, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, 732 F.3d 723 (7th Cir. 2013)

. . . . § 718.104(d). . . . Although the ALJ did not neatly march through the section 718.104(d) factors in a single paragraph, the . . .

McGEE, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY,, 537 F. App'x 843 (11th Cir. 2013)

. . . . § 718.104(2) (2002). See also Tranquil Harbour Dev., LLC v. . . . Although § 718.104(4) contains an explicit list of what a declaration “must” contain, § 718.110(10) provides . . .

MINGO LOGAN COAL COMPANY, v. OWENS, R., 724 F.3d 550 (4th Cir. 2013)

. . . . § 718.104(d) and gave appropriate consideration to the opinions of Dr. Boustani and Dr. . . .

CASTELLANOS, v. CITIZENS PROPERTY INSURANCE CORPORATION,, 98 So. 3d 1180 (Fla. Dist. Ct. App. 2012)

. . . See § 718.104(4)(k), Fla. . . .

In MONA LISA AT CELEBRATION, LLC, v. LLC, v. LLC, v. LLC, v. LLC,, 472 B.R. 582 (Bankr. M.D. Fla. 2012)

. . . properly update the relevant declaration of condominium after it completed construction as required by § 718.104 . . .

BREAZEALE, v. GDC VIEW, LLC, a, 79 So. 3d 96 (Fla. Dist. Ct. App. 2012)

. . . The date the certificate of substantial completion, permitted under section 718.104(4)(e), Florida Statutes . . . Pursuant to section 718.104(4)(e), Florida Statutes (2007), a completed unit may be conveyed when it . . . The relevant portion of section 718.104(4)(e) provides in pertinent part: Completed units within each . . . We read section 718.104(4)(e) as setting forth two requirements before a completed unit in a substantially . . . See § 718.104(4)(e), Fla. Stat. . . .

TRANQUIL HARBOUR DEVELOPMENT, LLC, a v. BBT, LLC E N, LLC L. S S LLC, 79 So. 3d 84 (Fla. Dist. Ct. App. 2011)

. . . It then sets forth the requirements of a valid declaration. § 718.104(2). . . . . § 718.104(4)(e). . . . . § 718.104(4)(e). . . . Section 718.104(4)(e) further provides the following mandate concerning when a “[c]ompleted unit” may . . . Under the plain language of section 718.104(4)(e), a surveyor’s certificate of substantial completion . . .

McCRARY, E. U. S. LLC, v. DIRECTOR OFFICE OF WORKERS COMPENSATION PROGRAMS,, 436 F. App'x 926 (11th Cir. 2011)

. . . . § 718.104(d)(l)-(4) (listing factors to consider in weighing the opinion of a treating doctor about . . .

H. LOWE, v. WINTER PARK CONDOMINIUM LIMITED PARTNERSHIP,, 66 So. 3d 1019 (Fla. Dist. Ct. App. 2011)

. . . . § 718.104(2), Fla. Stat. . . .

PBS COALS, INC. v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 435 F. App'x 149 (3d Cir. 2011)

. . . .] § 718.104(d), examine the validity of Dr. . . .

COHN, v. GRAND CONDOMINIUM ASSOCIATION, INC., 62 So. 3d 1120 (Fla. 2011)

. . . . § 718.104, Fla. Stat. (1985). . . . See § 718.104(2)-(7), Fla. Stat. (1985). . . .

ENERGY WEST MINING COMPANY, v. HUNSINGER, Of, 389 F. App'x 819 (10th Cir. 2010)

. . . . § 718.104. That relationship is deemed sufficient when specific criteria are met. . . . See 20 C.F.R. § 718.104. . . .

C. CONLEY, v. NATIONAL MINES CORPORATION, 595 F.3d 297 (6th Cir. 2010)

. . . On that basis, and in reliance upon his reading of § 718.104(d), the ALJ accorded Dr. . . .

L. GREENE, v. KING JAMES COAL MINING, INC., 575 F.3d 628 (6th Cir. 2009)

. . . . § 718.104(d)(5). . . . Spivey, 172 Fed.Appx. 641, 650 (6th Cir.2006) (citing Eastover, 338 F.3d at 513; 20 C.F.R. § 718.104( . . . Briney failed to base his diagnosis upon any X-ray interpretations, as required by 20 C.F.R. § 718.104 . . .

TAPLETT, v. TRG OASIS TOWER TWO LTD. L. P. a, 755 F. Supp. 2d 1197 (M.D. Fla. 2009)

. . . . § 718.104(2). . . . . § 718.104(4). . . . argues that TRG could have remedied this problem by filing the declaration earlier, as allowed under § 718.104 . . .

HILL, W. v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 562 F.3d 264 (3d Cir. 2009)

. . . . § 718.104. Though both findings are dubious here, Dr. . . .

ENERGY WEST MINING COMPANY, v. OLIVER, 555 F.3d 1211 (10th Cir. 2009)

. . . . § 718.104(d). . . . . § 718.104(d)(5). The ALJ properly applied the regulatory framework to Dr. Morgan’s opinion. . . . West has not challenged the accuracy of the ALJ’s findings with respect to the first prong of the § 718.104 . . . It is precisely the object of § 718.104(d) to structure the ALJ’s credibility assessment by requiring . . . 368 (recognizing treating physician rule in this circuit, since codified with some modifications by § 718.104 . . .

B. HRUTKAY J. v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, B., 188 F. App'x 114 (3d Cir. 2006)

. . . . § 718.104(d). . . . Id. § 718.104(d)(5). In the present case, the ALJ found that Dr. . . .

CYPRUS CUMBERLAND RESOURCES, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, W., 170 F. App'x 787 (3d Cir. 2006)

. . . . § 718.104(d) (2001); see also Nord, 538 U.S. at 830 n. 3, 123 S.Ct. 1965 ("Some courts have approved . . .

MOUNTAIN CLAY, INC. v. L. SPIVEY, 172 F. App'x 641 (6th Cir. 2006)

. . . . § 718.104(d). We find, however, that the medical records from Dr. . . .

DUDASH Jr. v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 165 F. App'x 238 (3d Cir. 2006)

. . . . § 718.104(d), an ALJ is required to consider the relationship between the miner and any treating physician . . . See 20 C.F.R. § 718.104(d)(1)-(d)(4). . . . Bemiller and Swain and considered all of the factors given in § 718.104(d). . . .

E. MILLER, v. DIRECTOR, OWCP, UNITED STATES DEPARTMENT OF LABOR, 165 F. App'x 164 (3d Cir. 2006)

. . . . § 718.104(d); Lango, 104 F.3d at 577. The ALJ declined to grant the opinion of Dr. . . .

G. HROBAK, v. ABC COAL COMPANY, 142 F. App'x 559 (3d Cir. 2005)

. . . . § 718.104(d). . . . . § 718.104(d)(5). . . . . § 718.104(d)(5). . . .

LENNAR HOMES, INC. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 888 So. 2d 50 (Fla. Dist. Ct. App. 2004)

. . . with sections 718.111(3), 718.303 and 718.506, Florida Statutes, and therefore, prohibited by section 718.104 . . . Section 718.104 details 15 requirements of a.declaration of condominium, and provides in subsection ( . . .

E. CAMPBELL, E. v. SHORES AT COCO PLUM CONDOMINIUM ASSOCIATION, INC. a, 882 So. 2d 1015 (Fla. Dist. Ct. App. 2004)

. . . . § 718.104(4), Fla. Stat. (2003); Elmore v. . . .

GILREATH, Jr. v. WESTGATE DAYTONA, LTD., 871 So. 2d 961 (Fla. Dist. Ct. App. 2004)

. . . Section 718.104(4)(o), Florida Statutes, specifically provides that the declaration must contain the . . . periods of rights of use, possession, or occupancy that may be created with respect to any unit. § 718.104 . . . The timesharing plan is usually incorporated in the Declaration of Condominium, see section 718.104(4 . . .

GLEN COAL COMPANY v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, 77 F. App'x 878 (6th Cir. 2003)

. . . .] § 718.104(d) ... 20 C.F.R. § 725.701(f). . . . Section 718.104(d) provides factors to consider in evaluating the treating physician’s opinion: the nature . . . , the opinion of the miner’s treating physician may be entitled to controlling weight pursuant to § 718.104 . . . Section 718.104(d), in turn, provides that, in weighing the medical evidence, the ALJ must consider the . . . treatment, and the extent of treatment, including the types of testing and examinations. 20 C.F.R. § 718.104 . . .

PRINCE, v. ISLAND CREEK COAL COMPANY, 76 F. App'x 67 (6th Cir. 2003)

. . . . § 718.104(d)(5)). . . .

TARA MANATEE, INC. a v. FAIRWAY GARDENS AT TARA CONDOMINIUM ASSOCIATION, INC. a, 870 So. 2d 32 (Fla. Dist. Ct. App. 2003)

. . . In support, the Association first cited section 718.104(2), Florida Statutes (1995), which provides that . . . development, provided the common facilities serving the completed units have been substantially completed. § 718.104 . . .

EASTOVER MINING CO. v. S. WILLIAMS, 338 F.3d 501 (6th Cir. 2003)

. . . . § 718.104(d)(2002). . . . physician has obtained superior and relevant information concerning the miner’s condition. 20 C.F.R. § 718.104 . . . See 20 C.F.R. § 718.104(d). In this case, he did not. . . .

BLACK DECKER DISABILITY PLAN v. NORD, 538 U.S. 822 (U.S. 2003)

. . . . § 901 et seq., see 20 CFR § 718.104(d)(5) (2002). . . .

McCAIN, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, 58 F. App'x 184 (6th Cir. 2003)

. . . . § 718.104(d)(5)). . . . . §§ 718.104(d)(5), which delineates the criteria for the development of medical evidence in black lung . . .

JERICOL MINING, INC. v. NAPIER, 301 F.3d 703 (6th Cir. 2002)

. . . . § 718.104(d)(5) are relevant for determining the appropriate weight that should be assigned to the . . . Cir.2002) (noting that this regulation is “instructive”); Groves, 277 F.3d at 834 (citing 20 C.F.R. § 718.104 . . . 292 F.3d 849, 861 (D.C.Cir.2002) (holding that the treating-physician rule embodied in 20 C.F.R. § 718.104 . . . of its reasoning and documentation, other relevant evidence and the record as a whole. 20 C.F.R. § 718.104 . . . and duration of the relationship, as well as the frequency and extent of the treatment. 20 C.F.R. § 718.104 . . .

WOLF CREEK COLLIERIES, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 298 F.3d 511 (6th Cir. 2002)

. . . . § 718.104(d) provides that the medical opinion of the treating physician may be entitled to controlling . . . Tussey, 982 F.2d at 1042. 20 C.F.R. § 718.104(d)(5) delineates the criteria to be evaluated in determining . . .

NATIONAL MINING ASSOCIATION, v. DEPARTMENT OF LABOR,, 292 F.3d 849 (D.C. Cir. 2002)

. . . In particular, appellants cite the following rules: §§ 718.104(d), 718.201(a)(2), 718.201(c), 718.204 . . . Id. § 718.104(d)(5) (emphasis added). . . . See 20 C.F.R. § 718.104 (2000). . . . These holdings are codified in the new § 718.104(d), which by its terms allows an adjudicator to give . . . Treating Physician Rule A new rule, § 718.104(d) establishes that in determining whether a successful . . .

ESTATE OF ANN KROFCHECK v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 31 F. App'x 779 (3d Cir. 2002)

. . . . § 718.104(d) (2002) applies to the claim at issue. . . . The Board held that “[t]he revisions to the regulation at 20 C.F.R. § 718.104(d) apply to claims filed . . . The Board did not err in its conclusion that the “treating physician rule” of 20 C.F.R. § 718.104(d) . . . applies the new standards its subpart sets out only to examinations conducted after January 19, 2001, § 718.104 . . . Claimant cannot use § 725’s language to justify applying the treating physician rule of § 718.104. . . .

PEABODY COAL CO. v. J. GROVES, 277 F.3d 829 (6th Cir. 2002)

. . . . § 718.104(d)(5), which delineates the criteria for the development of medical evidence in black lung . . .

WOODSIDE VILLAGE CONDOMINIUM ASSOCIATION, INC. v. S. JAHREN M., 806 So. 2d 452 (Fla. 2002)

. . . Pursuant to section 718.104(2), a condominium is created by recording a declaration of condominium in . . . See § 718.104(2), Fla. Stat. (2000). . . . Indeed, section 718.104(5), Florida Statutes (2000), expressly recognizes that a declaration of condominium . . . See § 718.104(5), Fla. Stat. (2000). . . .

NATIONAL MINING ASSOCIATION, v. L. CHAO,, 160 F. Supp. 2d 47 (D.D.C. 2001)

. . . . § 718.104: This rule requires an ALJ to consider the nature and duration of the relationship between . . . Plaintiffs claim that § 718.104(d), the “treating physician” rule, is impermissibly retroactive. . . . Section 718.104 codifies judicial precedent recognizing that an ongoing relationship between a miner . . . give controlling weight to the medical opinion of a claimant’s treating physician. § 718.104(d). . . . Plaintiffs claim § 718.104(d), the treating physician rule, is arbitrary and capricious. . . .

NATIONAL MINING ASSOCIATION, v. L. CHAO, U. S., 145 F. Supp. 2d 1 (D.D.C. 2001)

. . . . §§ 718.104(d); 718.201(a)(2) and (c); 718.204(a); 718.205(c)(5) and (d); 725.2(c); 725.4; 725.101(a . . .

DAVIDSON, v. GLICKMAN,, 169 F.3d 996 (5th Cir. 1999)

. . . . § 718.104 (1996) (stating that "the farm operator may revise a report of acreage with respect to 1996 . . .

In RIVER RANCH, INC. RIVER RANCH, INC. v. OUTDOOR RESORTS RIVER RANCH INNS AND COTTAGES CONDOMINIUM ASSOCIATION, INC. R R, 188 B.R. 693 (Bankr. M.D. Fla. 1995)

. . . the county where the land is located, executed and acknowledged with the requirements for a deed § 718.104 . . . located in or on the land then being submitted to condominium ownership shall come into existence. § 718.104 . . . Section 718.104(4)(d) requires that the declaration contain or provide for an identification of each . . .

WINKELMAN v. M. TOLL, a ICON a, 661 So. 2d 102 (Fla. Dist. Ct. App. 1995)

. . . added, and certify said survey as required by, and pursuant to, the applicable provisions of Chapter 718.104 . . . Section 718.104(2), Florida Statutes (1979), states: “A condominium is created by recording a declaration . . . See §§ 718.104(4)(e) and 718.105, Fla.Stat. . . . See § 718.104(4)(e), Fla.Stat. (1979). . . . Our construction brings section 718.403 into express harmony with sections 718.104(2) and 718.110(3). . . .

OCEAN TRAIL UNIT OWNERS ASSOCIATION, INC. v. MEAD a, 650 So. 2d 4 (Fla. 1994)

. . . . § 718.104, Fla.Stat. (1987). . . . . § 718.104(2), Fla.Stat. (1987). . . .

BANK ONE, DAYTON, N. A. v. SUNSHINE MEADOWS CONDOMINIUM ASSOCIATION, INC., 641 So. 2d 1333 (Fla. 1994)

. . . Under section 718.104(3), Florida Statutes (1983), anyone having any record interest in a mortgage encumbering . . . Section 718.104(6), Florida Statutes (1983), further provides that “[a] person who joins in, or consents . . . 'Nothing in section 718.104 forces a mortgagee to submit a mortgage interest to the declaration of condominium . . .

HORIZONS CONDOMINIUM MANAGEMENT ASSOCIATION, a v. SALVATO, 641 So. 2d 922 (Fla. Dist. Ct. App. 1994)

. . . See §§ 718.104(4)(f), (g); 718.114; 718.115(2), Fla.Stat. (1981). . . .

SUNSHINE MEADOWS CONDOMINIUM ASSOCIATION, INC. v. BANK ONE, DAYTON, N. A. a, 599 So. 2d 1004 (Fla. Dist. Ct. App. 1992)

. . . Section 718.104(3), Florida Statutes (1983), made applicable to phase condominiums by section 718.403 . . .

L. CLINE, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, As, 917 F.2d 9 (8th Cir. 1990)

. . . . § 718.104. The Director admits, therefore, that since Dr. . . .

KILCULLEN v. WARWICK CONDOMINIUM ASSOCIATION, INC., 42 Fla. Supp. 2d 210 (Fla. Cir. Ct. 1990)

. . . FS § 718.104(4)(1) (FS 1977) provides that the contents of the Declaration of Condominium may contain . . .

ADAMS, v. DIRECTOR, OWCP,, 886 F.2d 818 (6th Cir. 1989)

. . . employment upon a showing that they suffer from a totally disabling respiratory disease under section 718.104 . . .

OCEANS FOUR CONDOMINIUM ASSOCIATION, INC. v. STAFFORD,, 545 So. 2d 435 (Fla. Dist. Ct. App. 1989)

. . . . § 718.104(2), Fla.Stat. (1987). . . .

SUN BANK MIAMI, N. A. v. PATHWAY FINANCIAL, f k a a, 540 So. 2d 926 (Fla. Dist. Ct. App. 1989)

. . . Wythe, 126 So.2d 283 (Fla. 2d DCA 1961); Sections 679.104(10), 718.104(1), 718.107, and 718.401, Florida . . .

WIMBLEDON TOWNHOUSE CONDOMINIUM I ASSOCIATION, INC. v. SIEGEL,, 28 Fla. Supp. 2d 76 (Fla. Cir. Ct. 1988)

. . . Section 718.104(5), Florida Statutes. . . .

DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, v. MANGIFEST,, 826 F.2d 1318 (3d Cir. 1987)

. . . . § 718.104. . . . We believe that the ALJ must make this decision “in accordance with” § 718.104, but only in the sense . . . Section 718.104, which we set out fully below, provides the standard for medical reports. . . . Section 718.104 is one of five "quality control” provisions found in Subpart B of Part 718. . . . Section 718.104, however, consists chiefly of documentation requirements. . . .

PROVIDENCE SQUARE ASSOCIATION, INC. v. BIANCARDI,, 507 So. 2d 1366 (Fla. 1987)

. . . Milgo Electronics, 318 So.2d 416 (Fla. 3d DCA 1975), cert. denied, 336 So.2d 602 (Fla.1976); § 718.104 . . . filings thereof, are made by recording in the public records of the county where the land is located. §§ 718.104 . . .

DYNAMIC CABLEVISION OF FLORIDA, INC. L. v. BILTMORE II CONDOMINIUM ASSOC. INC., 498 So. 2d 632 (Fla. Dist. Ct. App. 1986)

. . . Furthermore, pursuant to Section 718.104(7), Fla.Stat. [(1983)], all provisions of the Declaration of . . .

VILLAGE GREEN FEDERATION UNIT, INC. v. FLORIDA ATLANTIC ASSOCIATES,, 18 Fla. Supp. 2d 94 (Fla. Cir. Ct. 1986)

. . . Further, Section 718.104(1), Fla. . . .

STAPLETON, v. WESTMORELAND COAL COMPANY, U. S. R. RAY, v. JEWELL RIDGE COAL CORPORATION MULLINS COAL COMPANY, INC. OF VIRGINIA, v. CORNETT, 785 F.2d 424 (4th Cir. 1986)

. . . . §§ 727.206(a), 718.102, 718.104, 410.-428. . . .

BENNETT M. LIFTER, INC. d b a d b a v. METROPOLITAN DADE COUNTY, a, 482 So. 2d 479 (Fla. Dist. Ct. App. 1986)

. . . .-102(b) and § 718.104(2), Fla.Stat. . . .

APPALACHIAN, INC. P. A. v. D. OLSON, APPALACHIAN, INC. P. A. v. E. ACKMANN,, 468 So. 2d 266 (Fla. Dist. Ct. App. 1985)

. . . Also, section 718.104(4)(e), Florida Statutes (1983), requires a condominium to be substantially completed . . .

BENNETT M. LIFTER, INC. v. METROPOLITAN DADE COUNTY, 15 Fla. Supp. 2d 60 (Fla. Cir. Ct. 1985)

. . . the creation, sale and leasing of condominium units in violation of Section 718.102(b) and Section 718.104 . . .

ELBADRAMANY, v. OCEANS SEVEN CONDOMINIUM ASSOCIATION, INC., 461 So. 2d 1001 (Fla. Dist. Ct. App. 1984)

. . . . §§ 718.104(4)(Z), 718.112(3)(c) (1983). . . .

AQUARIAN FOUNDATION, INC. a v. SHOLOM HOUSE, INC. a, 448 So. 2d 1166 (Fla. Dist. Ct. App. 1984)

. . . See § 718.104(5), Fla.Stat. . . .

SWEETWATER OAKS CONDOMINIUM ASSOCIATION, INC. v. CREATIVE CONCEPTS OF TAMPA, INC. II, 432 So. 2d 654 (Fla. Dist. Ct. App. 1983)

. . . to be surveyed, laid out and platted as Sweetwater Oaks, a condominium, pursuant to Florida Statute 718.104 . . .

CLEARWATER KEY ASSOCIATION- SOUTH BEACH, INC. a v. THACKER P., 431 So. 2d 641 (Fla. Dist. Ct. App. 1983)

. . . In this case, paragraph VIII of the Declaration, as reformed, materially conflicts with sections 718.104 . . . Section 718.104(4) states in relevant part: 718.104 Creation of condominiums; contents of declaration . . . As reformed, paragraph VIII conflicts with sections 718.104(4)(g) and 718.115(2) because the manner of . . .

SUNTIDE CONDOMINIUM ASSOCIATION, INC. v. DIVISION OF FLORIDA LAND SALES CONDOMINIUMS,, 409 So. 2d 65 (Fla. Dist. Ct. App. 1982)

. . . condominium in the present case was not legally created (by recording the declaration in accordance with § 718.104 . . .

HOVNANIAN FLORIDA, INC. v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, DEPARTMENT OF BUSINESS REGULATION,, 401 So. 2d 851 (Fla. Dist. Ct. App. 1981)

. . . Finally, § 718.104(7) provides that “[a]ll provisions of the declaration are enforceable equitable servitudes . . .

CITY OF MIAMI BEACH, v. ROCIO CORP. a a a, 404 So. 2d 1066 (Fla. Dist. Ct. App. 1981)

. . . .§718.105: Recording of Declaration. (1) When executed as required by § 718.104, a declaration together . . .

P. WELCH v. POINT OF AMERICAS CONDOMINIUM APARTMENTS, INC., 373 So. 2d 60 (Fla. Dist. Ct. App. 1979)

. . . . § 718.104, Florida Statutes. . . .

FRANKLIN v. WHITE EGRET CONDOMINIUM, INC. a, 358 So. 2d 1084 (Fla. Dist. Ct. App. 1977)

. . . suggested that age restrictions are not unreasonable and perhaps even enforceable by Statute under Section 718.104 . . .

COQUINA CLUB, INC. v. T. MANTZ, 342 So. 2d 112 (Fla. Dist. Ct. App. 1977)

. . . allowance of reasonable restrictions on use and occupancy is carried over in the new condominium act, § 718.104 . . .