The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.106

718.106 Condominium parcels; appurtenances; possession and enjoyment.—

(1) A condominium parcel created by the declaration is a separate parcel of real property, even though the condominium is created on a leasehold.

(2) There shall pass with a unit, as appurtenances thereto:

(a) An undivided share in the common elements and common surplus.

(b) The exclusive right to use such portion of the common elements as may be provided by the declaration, including the right to transfer such right to other units or unit owners to the extent authorized by the declaration as originally recorded, or amendments to the declaration adopted pursuant to the provisions contained therein. Amendments to declarations of condominium providing for the transfer of use rights with respect to limited common elements are not amendments that materially modify unit appurtenances as described in s. 718.110(4). However, in order to be effective, the transfer of use rights with respect to limited common elements must be effectuated in conformity with the procedures set forth in the declaration as originally recorded or as amended under the procedures provided therein. This section is intended to clarify existing law and applies to associations existing on the effective date of this act.

(c) An exclusive easement for the use of the airspace occupied by the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. An easement in airspace which is vacated shall be terminated automatically.

(d) Membership in the association designated in the declaration, with the full voting rights appertaining thereto.

(e) Other appurtenances as may be provided in the declaration.

(3) A unit owner is entitled to the exclusive possession of his or her unit, subject to the provisions of s. 718.111(5). He or she is entitled to use the common elements in accordance with the purposes for which they are intended, but no use may hinder or encroach upon the lawful rights of other unit owners.

(4) When a unit is leased, a tenant shall have all use rights in the association property and those common elements otherwise readily available for use generally by unit owners and the unit owner shall not have such rights except as a guest, unless such rights are waived in writing by the tenant. Nothing in this subsection shall interfere with the access rights of the unit owner as a landlord pursuant to chapter 83. The association shall have the right to adopt rules to prohibit dual usage by a unit owner and a tenant of association property and common elements otherwise readily available for use generally by unit owners.

(5) A local government may not adopt an ordinance or regulation that prohibits condominium unit owners or their guests, licensees, or invitees from pedestrian access to a public beach contiguous to a condominium property, except where necessary to protect public health, safety, or natural resources. This subsection does not prohibit a governmental entity from enacting regulations governing activities taking place on the beach.

History.—s. 1, ch. 76-222; s. 3, ch. 84-368; s. 4, ch. 90-151; s. 5, ch. 94-350; s. 853, ch. 97-102; s. 50, ch. 2000-302; s. 6, ch. 2002-27; s. 2, ch. 2007-173.

F.S. 718.106 on Google Scholar

F.S. 718.106 on Casetext

Amendments to 718.106

Arrestable Offenses / Crimes under Fla. Stat. 718.106

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.106.

Annotations, Discussions, Cases:

Cases from cite.case.law:

EASTWOOD SHORES PROPERTY OWNERS ASSOCIATION, INC. v. DEPARTMENT OF ECONOMIC OPPORTUNITY,, 264 So. 3d 264 (Fla. App. Ct. 2019)

. . . 1981) ("Because a unit owner's undivided share in the parking area is appurtenant to the unit, Section 718.106 . . .

DIXIE FUEL CO. LLC v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 820 F.3d 833 (6th Cir. 2016)

. . . . § 718.106(c)). . . .

In CHINESE- MANUFACTURED DRYWALL PRODUCTS LIABILITY LITIGATION Jr. v. L. L. C. L. L. C., 627 F. App'x 319 (5th Cir. 2015)

. . . . §§ 718.106(2)(a), 718.103(8). . . .

COWIN COMPANY, INC. v. DIRECTOR, OWCP, U. S. R., 535 F. App'x 779 (11th Cir. 2013)

. . . . § 718.106(c) (“A negative biopsy is not conclusive evidence that the miner does not have pneumoconiosis . . .

SINATRA v. BUSSEL, A., 119 So. 3d 473 (Fla. Dist. Ct. App. 2013)

. . . However, section 718.106(2)(b) provides as follows: (2) There shall pass with a unit, as appurtenances . . .

LITTLE DAVID COAL CO. Co. v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, Of, 532 F. App'x 633 (6th Cir. 2012)

. . . . §§ 718.102; 718.106; 718.202(a)(l)-(2). . . .

BRIDGER COAL COMPANY, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 669 F.3d 1183 (10th Cir. 2012)

. . . . § 718.106(c). . . .

WESTMORELAND COAL COMPANY, v. A. COX, 602 F.3d 276 (4th Cir. 2010)

. . . It simply states: "A biopsy or autopsy conducted and reported in compliance with § 718.106 may be the . . .

VILLAGE OF DORAL PLACE ASSOCIATION, INC. v. REAL, INC. W., 22 So. 3d 627 (Fla. Dist. Ct. App. 2009)

. . . that there shall pass with each condominium unit “[a]n undivided share in the common elements .... ” § 718.106 . . .

McALLISTER, v. BREAKERS SEVILLE ASSOCIATION, INC., 981 So. 2d 566 (Fla. Dist. Ct. App. 2008)

. . . However, sections 718.103(15), 718.106, and 718.110(4), govern-mg condominiums, essentially mirror the . . .

SAVANNA CLUB WORSHIP SERVICE, INC. v. SAVANNA CLUB HOMEOWNERS ASSOCIATION, INC., 456 F. Supp. 2d 1223 (S.D. Fla. 2005)

. . . Stat. 718.106(4). The Florida Act has an identical provision at Fla. Stat. 720.304(1). . . . .

WESTMORELAND COAL COMPANY, v. M. AMICK, 123 F. App'x 525 (4th Cir. 2004)

. . . existence of pneumoconiosis.... (2) A biopsy or autopsy conducted and reported in compliance with § 718.106 . . .

NEUMAN v. GRANDVIEW AT EMERALD HILLS, INC. a, 861 So. 2d 494 (Fla. Dist. Ct. App. 2003)

. . . for such common elements, common areas, and recreational facilities, subject to the provisions of s. 718.106 . . .

J. CHAMBERS, v. OLD HICKORY COAL COMPANY Of, 68 F. App'x 423 (4th Cir. 2003)

. . . existence of pneumoconiosis.... (2) A biopsy or autopsy conducted and reported in compliance with § 718.106 . . .

R. NIKOLITS, v. RUNWAY HANGAR CONDOMINIUM ASSOCIATION, INC. a, 847 So. 2d 1054 (Fla. Dist. Ct. App. 2003)

. . . theory that they are real property owned by the association under the condominium statute, section 718.106 . . . Section 718.106 provides that condominium parcels are separate parcels of real property; however, it . . . In the absence of any authority other than section 718.106, and the property appraiser cites none, we . . .

CLINCHFIELD COAL COMPANY, v. FULTZ,, 61 F. App'x 866 (4th Cir. 2003)

. . . . § 718.106 (2000). Mrs. . . . Brooks's later deposition testimony, substantially complied with the requirements of 20 C.F.R. § 718.106 . . . the autopsy report itself may be considered in determining whether the requirements of 20 C.F.R. § 718.106 . . .

CONSOLIDATION COAL COMPANY, v. O. HELD, 314 F.3d 184 (4th Cir. 2002)

. . . existence of pneumoconiosis.... (2) A biopsy or autopsy conducted and reported in compliance with § 718.106 . . .

CONSOLIDATION COAL COMPANY, v. J. KRAMER, W., 305 F.3d 203 (3d Cir. 2002)

. . . . § 718.106(a) (requiring that an autopsy report include a “detailed gross macroscopic and microscopic . . . Dillon, the Board held that “while the[ALJ] should consider the quality standards found in Section 718.106 . . .

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

. . . of pneumoconiosis may be based on “[a] biopsy or autopsy conducted and reported in compliance with § 718.106 . . .

ISLAND CREEK COAL COMPANY, v. E. COMPTON, 211 F.3d 203 (4th Cir. 2000)

. . . existence of pneumoconiosis.... (2) A biopsy or autopsy conducted and reported in compliance with § 718.106 . . .

H. BROWN, v. G. RICE A., 716 So. 2d 807 (Fla. Dist. Ct. App. 1998)

. . . See § 718.106(2)(b), Fla. Stat. (1993). . . .

In PENN ALLEGHENY COAL COMPANY v. D. WILLIAMS, 114 F.3d 22 (3d Cir. 1997)

. . . . § 718.106(c) a negative biopsy report is not conclusive evidence that a miner does not have pneumoconiosis . . . the existence of pneumoconiosis. (2) A biopsy or autopsy conducted and reported in compliance with § 718.106 . . .

N. SHAPIRO, A. B. v. J. HERNDON, K., 639 So. 2d 1026 (Fla. Dist. Ct. App. 1994)

. . . See § 718.106(1), Fla.Stat. (1991); § 718.120(1), Fla.Stat. (1991). . . .

DAGNAN, v. BLACK DIAMOND COAL MINING COMPANY, 994 F.2d 1536 (11th Cir. 1993)

. . . . § 718.106 for admissability, and (2) that the biopsy shows only anthra-cotic pigment, a biopsy is no . . . shall be considered unless the report complies with the requirements of this section,” 20 C.F.R. § 718.106 . . . Mangifest, 826 F.2d 1318, 1326 n. 13 (3rd Cir.1987) (quoting 20 C.F.R. § 718.106(b)) (emphasis added) . . . Since the Director’s interpretation of § 718.106(b) as requiring only substantial compliance is neither . . . that the report is not accurate or that the claim has been fraudulently represented. . 20 C.F.R. § 718.106 . . .

PEABODY COAL COMPANY v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 972 F.2d 178 (7th Cir. 1992)

. . . . § 718.106, provide a basis for a finding of pneumoco-niosis. See 20 C.F.R. § 718.202(a)(2). . . . Dammers and Aydt met the quality standards located in 20 C.F.R. § 718.106(a) for autopsy reports. . . .

GITTELMACHER v. ANTTILA,, 595 So. 2d 237 (Fla. Dist. Ct. App. 1992)

. . . causes of action based upon negligence, violations of the declaration of condominium, and of sections 718.106 . . .

J. NAPIER, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 890 F.2d 669 (4th Cir. 1989)

. . . standards of § 718.102; (2) a biopsy or autopsy conducted in accordance with the quality standards of § 718.106 . . .

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

. . . Section 718.106(b) actually states that "[n]o report of an autopsy or biopsy submitted in connection . . .

TOWER HOUSE CONDOMINIUM, INC. a v. MILLMAN, 410 So. 2d 926 (Fla. Dist. Ct. App. 1981)

. . . made appurtenant to the condominium unit by subsection (B) of Article V quoted above and by Section 718.106 . . . Because a unit owner’s undivided share in the parking area is appurtenant to the unit, Section 718.106 . . . of Broward, Inc., 260 So.2d 264, 266 (Fla. 4th DCA 1972) (citing § 711.-04, Fla.Stat. (1969), now § 718.106 . . .

A. PORTER, v. HOLLANDER M., 494 F. Supp. 151 (D. Del. 1980)

. . . . § 718.106 (West 1980)). . . .