The 2023 Florida Statutes (including Special Session C)
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. . . Section 718.111(11)(f) of the Florida Statutes covers insurance for condominium associations. . . . Stat. § 718.111(11)(f) (emphasis added). . . .
. . . association a letter requesting the inspection and production of specific documents pursuant to section 718.111 . . . Dimitri alleged that the master association violated section 718.111(12) when it refused to respond to . . . association statute - and requiring it to "cease and desist from further acts of violation of Section 718.111 . . . Section 718.111(12) provides, in part, that an association maintain its official records and that the . . . entitled to the actual damages or minimum damages for the association's willful failure to comply." § 718.111 . . .
. . . See § 718.111, Fla. Stat. . . . We note that although both sections 718.111 and 718.303 have been repeatedly amended since 1976, there . . .
. . . association to sue and be sued "on behalf of all unit owners concerning matters of common interest," section 718.111 . . . Section 718.111(3) provides, in pertinent part: The association may contract, sue, or be sued with respect . . . But section 718.111(3), with its lack of precise application to the Appraiser's lawsuits against the . . . Rule 1.221 essentially repeats the language in 718.111(3) in its enumeration of the circumstances in . . . of lawsuits to the common representation of unit owners by their association as permitted by section 718.111 . . .
. . . See § 718.111, Fla. Stat. . . .
. . . .” § 718.111(3), Fla. Stat. (2014). . . .
. . . See § 718.111(1), Fla. . . .
. . . The powers of a condominium association include those set out in section 718.111, Florida Statutes (2012 . . . condominium, the bylaws of the association, and the applicable provisions of the state corporations law. § 718.111 . . . but are not limited to, the maintenance, management, and operation of the condominium property.” § 718.111 . . . name on behalf of all unit owners concerning matters of common interest to most or all unit owners.” § 718.111 . . . The Association could have been a party to the original litigation based on the language of section 718.111 . . .
. . . Misserville sued the Association, alleging among other things that it violated section 718.111(12)(c) . . . Section 718.111(12)(c) grants condominium association members a general right to inspect and copy any . . . See § 718.111(12)(c)(l)-(4). . . . request creates a rebuttable-presumption that the association willfully failed to comply with section 718.111 . . . access” to association records may recover damages for the association’s willful failure to comply. § 718.111 . . .
. . . It argued that section 718.111(5), Florida Statutes, and the association’s declaration provided the association . . . Section 718.111(5), Florida Statutes (2009), provides: Right of access to units. — The association has . . . that common sense dictated that routine pest control is part of “necessary maintenance” under section 718.111 . . .
. . . The powers of a condominium association include those set out in section 718.111, Florida Statutes (2012 . . . condominium, the bylaws of the association, and the applicable provisions of the state corporations law. § 718.111 . . . , or crosses, the common elements or association property, without the joinder of any unit owner. § 718.111 . . .
. . . The only question is whether the exclusions in fact conflict with section 718.111(ll)(b). . . . Finding that section 718.111(11)(b) in fact imposes a mandatory insurance obligation on carriers, and . . . Mindful of these principles we now turn to an examination of section 718.111(ll)(b), Florida Statutes . . . See § 718.111(1), Fla. Stat. (2005). . . . See § 718.111(8)-(9). . . .
. . . only to residential property insur-anee policies and condominium association policies as defined in s. 718.111 . . .
. . . .” § 718.111(2), Fla. Stat. (2009). . . .
. . . Count II alleges that Florida Statute § 718.111(1)(a) provides that officers and directors of condominium . . .
. . . and the condominium property required to be insured by the association,” as required under section 718.111 . . .
. . . See §§ 718.111(4), 718.115(2), Fla. Stat. (2009). . . .
. . . . § 718.111 (authorizing a condominium association to enter into contracts and collect assessments to . . .
. . . Under section 718.111, titled “The association,” subsection (4) provides: (4) ASSESSMENTS; MANAGEMENT . . .
. . . See § 718.111(12), Fla. Stat. (2009). . . .
. . . Section 718.111(11), Florida Statutes (2003), allocates responsibility for insuring sliding windows and . . . for the same reasons it concludes in § III.D.l below (i.e., that the declaration incorporates section 718.111 . . . Second, Judge Hurley relied on section 718.111(H), Florida Statutes (2003), which allocated insurance . . . The Division stated that section 718.111(11) “controls over any provision to the contrary in a declaration . . . See also § 718.111, Fla. Stat. (2003) (requiring that an association insure these items). . . .
. . . See § 718.111(5), Fla. . . . occasions when it is necessary for maintenance, repair, or replacement of a common element, section 718.111 . . . See §718.111(2), Fla. . . .
. . . special assessment levied in conjunction with the purchase of an insurance policy authorized by s. 718.111 . . .
. . . . § 718.111(l)(a). . . . Stat. § 718.111(l)(d). Fla. . . . Stat. § 718.111(4). . . . Stat. § 718.111(3), shortly after the conclusion of the evidentiary hearing on the Rejection Motion. . . .
. . . The real legal query petitioner presented to the Agency was whether under § 718.111(2) and § 718.115 . . . So merely asking the Agency whether § 718.111(2) and § 718.115 permit such activity could not yield any . . . See § 718.111(2), Fla. . . .
. . . Dome has a valid and enforceable right to coverage; (3) pursuant to the Insurance Contract and section 718.111 . . .
. . . usable only by individual unit owners are nevertheless “condominium property,” which under section 718.111 . . . The ruling below is Reversed. .Section 718.111(11) provides, in part: (a) A unit-owner controlled association . . .
. . . . § 718.111(11)(a)(2), and by the Florida Department of Insurance. . . .
. . . claim in count VI of their complaint that Grenelefe failed to comply with the requirements of section 718.111 . . . Section 718.111(12) sets forth requirements concerning the maintenance of the official records of condominium . . . the due date and amount of each assessment, the amount paid upon the account, and the balance due.” § 718.111 . . . each unit,” the summary accounting records were sufficient to comply with the requirements of section 718.111 . . . the due date and amount of each assessment, the amount paid upon the account, and the balance due.” § 718.111 . . .
. . . eleventh floor does not constitute maintenance of the common elements Pursuant to Florida Statute § 718.111 . . . It follows then that Coletta’s claim for damages under Florida Statute § 718.111 fails as a matter of . . . Florida Statute § 718.111 provides that "[t]he association may contract, sue, or be sued with respect . . . F.S.A. § 718.111(3)(2006). . . . .
. . . See § 718.111(l)(a), Fla. Stat. (2003). . . . See § 718.111, Fla. Stat. (2003). . . . See § 718.111(11), Fla. Stat. (2003). . . .
. . . mandatory arbitration provision in a condominium purchase and sale agreement is prohibited by sections 718.111 . . . Lennar filed a petition for declaratory statement seeking the opinion of the Division as to whether §§ 718.111 . . . Generally, sections 718.111(3), 718.303 and 718.506 grant a condominium purchaser causes of action for . . . regarding the scope of agency rulemaking authority, see sections 120.52(8) and 120.536(1), sections 718.111 . . . ruling, which addressed only the developer’s petition asking for an interpretation ■ of whether sections 718.111 . . . mediation and binding arbitration provisions because these provisions are inconsistent with sections 718.111 . . . For example, section 718.111(3), relating to the powers of condominium associations, provides in part . . .
. . . See §§ 718.111(l)(a); 718.113(1), Fla. Stat. . See Matthews v. . . .
. . . Section 718.111(3), Florida Statutes (2001) authorizes condominium associations to institute and resolve . . . Section 718.111 (3) makes it clear that a unit owner may opt out of such litigation and bring her/his . . .
. . . The trial court further concluded that section 718.111(4), Florida Statutes (1999), gave the Association . . . Moreover, section 718.111(4), Florida Statutes (1999), provides in pertinent part that “[t]he association . . .
. . . the association, and those officers and directors have a fiduciary duty to the unit owners (citing § 718.111 . . .
. . . See § 718.111(l)(a), Fla. Stat. (1995). . . .
. . . The Association contends that section 718.111(12)(a)13., Florida Statutes, is unconstitutional. . . . The Division issued a Declaratory Statement in which it concluded “that pursuant to section 718.111(12 . . .
. . . See § 718.111(l)(a), Fla.Stat. (1997). By the time of hearing, the directors had ended their terms. . . .
. . . The Condominium Act, Section 718.111(2), Florida Statutes (1995), provides that “[t]he powers and duties . . .
. . . mortgagees, as their interest may appear_” Declaration of Condominium ¶ 14.1 (emphasis added); see § 718.111 . . .
. . . The suit was brought before the adoption of § 718.111(3), Fla.Stat. and Fla.R.Civ.P. 1.221. . . . .
. . . (b) Insurance is required by law (s. 718.111(11), F.S.), to be acquired and maintained by condominium . . .
. . . See § 718.111(13), Fla.Stat. (1993). . . . owner ... a complete financial report of actual receipts and expenditures for the previous 12 months. § 718.111 . . .
. . . Subsection 718.111(4), entitled Assessments; Management of Common Elements, expressly provides: The association . . . Pursuant to subsection 718.111(4), the association had the power to lease its common elements and to . . . no fee could be legally assessed unless the association complied with the requirement of subsection 718.111 . . . material fact remains as to whether the association’s use fee satisfies the requirements of section 718.111 . . . The association’s 1989 bylaws provide, in pertinent part: As provided in Section 718.111(4) (1987) of . . .
. . . associations the power to file lawsuits on behalf of the unit owners in matters of common interest: 718.111 . . . litigation and disputes involving the matters for which the association could bring a class action. § 718.111 . . . Section 718.111’s grant of power to associations to sue on behalf of unit owners is plainly and broadly . . . So although section 718.111(3) provides, as emphasized by the majority, that “the association may institute . . .
. . . . § 718.111(4), Fla.Stat. (1987). . . . associations may also sue or be sued with respect to the exercise or non-exercise of their powers. § 718.111 . . . directors of the association, and those officers and directors have a fiduciary duty to the unit owners. § 718.111 . . . Ass’n, 511 So.2d 651, 651 (Fla. 4th DCA), review denied, 518 So.2d 1277 (1987); § 718.111(2), Fla.Stat . . .
. . . Moreover, section 718.111(3), which conferred on a condominium association certain powers to sue, preserved . . . the right to sue over the common elements from unit owners to the condominium association in section 718.111 . . . . to bring any action without participation by the association which may otherwise be available.” § 718.111 . . . This scheme of condominium law, as implemented in section 718.111(3) and rules 1.221 and 1.210(a), remains . . . Section 718.111(3), Florida Statutes (1991), provides: (3) POWER TO MANAGE CONDOMINIUM PROPERTY AND TO . . .
. . . . § 711.12(2), Fla.Stat. (1975); § 718.111(2), Fla.Stat. . . .
. . . Section 718.111(12) provides in pertinent part: (12) OFFICIAL RECORDS.— (a) From the inception of the . . .
. . . Sections 718.103(18); 718.111(l)(a), Fla.Stat. . . .
. . . See Fla.Admin.Code 7D-23.004; Fla.Stat. 718.111(12)(a)ll (1984 Supp.) (1991). . . . (Appellant claims that it should be treated as a “defacto phased condominium pursuant to section 718.111 . . .
. . . We also note that section 718.111(3), Florida Statutes (1991), which authorizes a condominium association . . .
. . . unit owners to be indispensable parties as a result of a pari materia reading of sections 194.181 and 718.111 . . . Section 718.111(3) permits, yet limits, a condominium association’s right to standing in ad valorem tax . . . Rules Committee’s petition that rule 1.220(b), now rule 1.221, was unnecessary in light of section 718.111 . . .
. . . clear that the Supreme Court has recognized and acknowledged that by enacting Florida Statute section 718.111 . . . the Supreme Court disagreed with the petitioner’s assertion that in view of the enactment of section 718.111 . . .
. . . See § 718.301(1)(a, c), (2), (4), Fla.Stat. (1989); § 718.111(12)(c), Fla.Stat. (1989); Bishop Assocs . . .
. . . Section 718.111(3), Florida Statutes (Supp.1986), does not preclude a condominium unit owner from instituting . . . Section 718.111(3), Florida Statutes (Supp.1986), provides that the condominium association may institute . . . the condominium association the legal grounds required for it to pursue a claim pursuant to section 718.111 . . . Dorten, Inc., 362 So.2d 37, 38 (Fla. 3d DCA 1978); § 718.111(3), Fla.Stat. (1987). . . .
. . . Section 718.111(9), Florida Statutes, authorizes an association to purchase units within the condominium . . .
. . . This was more than the 66-%% then required by the Florida Condominium Act, § 718.111(12), Florida Statutes . . . The Court specifically finds that the authority to acquire the leasehold is contained within §718.111 . . . The Act was again amended, effective October 1, 1986, and § 718.111(4), now provides: (4) Assessments . . . During the pendency of this litigation, the 1986 amendment to §718.111(4), above, was adopted. . . . (6), now renumbered §718.111(4). . . .
. . . YARMOUTH contends that Section 718.111(10) Florida Statutes {1983) is the controlling law and cites to . . . The Defendants claim that the controlling law is Section 718.111(10) Florida Statutes (1985), which became . . . Section 718.111(10) Fla.Stat. (1985) is the controlling law as it applies in this case. 2. . . . Section 718.111(2) Fla.Stat. (1985) incorporates Chapters 607 and 617 Fla. . . .
. . . This Court in Avila declared that sections 718.111(2), Florida Statutes (Supp.1976), and 711.12(2), Florida . . . actions or hearings in its name on behalf of all unit owners concerning matters of common interest.... § 718.111 . . .
. . . found that the statutory duty of condominium associations to their unit owners, pursuant to section 718.111 . . . Section 718.111(1) (a) in relevant part states: "The officers and directors of the association have a . . .
. . . entitled to bring this action on its own without joining individual condominium owners based upon section 718.111 . . . Nothing in the language of section 718.111(3) negates the application of section 194.181. . . . In fact, section 718.111(3) states that “[njothing herein limits any statutory or common-law right of . . . Thus, it is necessary to read section 718.111(3) as it applies to the condominium association’s power . . . It is interesting to note the legislative history of section 718.111(3) as it pertains to the addition . . .
. . . See section 718.111(3), Florida Statutes. . . . Also, we note that in section 718.111(3) the statute provides that until the unit owners other than the . . . In pertinent part Section 718.111(3) Florida Statutes (1985) provides: (3) POWER TO MANAGE CONDOMINIUM . . .
. . . But section 718.111(6) provides for that only if the project is “a phase project initially created pursuant . . .
. . . Section 718.111(10), Florida Statutes (1985). . . .
. . . Millman, 475 So.2d 674 (Fla.1985); and Section 718.111(4), Florida Statues (1983). . . . Section 718.111, Florida Statutes (1983). . . . As such, it does not fall within the realm of either section 718.111 or section 718.114, Florida Statutes . . .
. . . Under Section 718.111(13), Florida Statutes (1983): Within 60 days following the end of the fiscal or . . . According to Section 718.111(7), Florida Statutes (1983) association records shall be open to inspection . . .
. . . with respect to the exercise of such power is expressly granted a condominium association by section 718.111 . . .
. . . directors failed to comply with the duty to collect assessments imposed by the condominium law, Section 718.111 . . .
. . . See § 718.111(l)(a), Florida Statutes, Supp. (1986). . . .
. . . The issue for determination is whether the Respondent exceeded its authority under Sections 718.111(4 . . . Id. at 676; Section 718.111(2), Florida Statutes. . . . Section 718.114 Florida Statutes, therefore exceeded the Respondent’s authority in violation of Section 718.111 . . .
. . . Defendants argue that these cases were overruled on October 1, 1984, when Florida Statutes Section 718.111 . . .
. . . . § 718.111(8), Fla.Stat. (1977). . . . We would calm petitioner’s fears by referring to section 718.111(2), Florida Statutes (1981). . . . . association, unless a different number or percentage is provided in the declaration or declarations. § 718.111 . . .
. . . designated agent of the unit owners with respect to the maintenance and repair of the common elements, sec. 718.111 . . . than four years before they filed suit on the unit owners’ behalf under Fla.R.Civ.P. 1.221 and sec. 718.111 . . .
. . . Division of Florida Land Sales and Condominiums (“Division”), finding that appellant violated section 718.111 . . . initial request, opened the receipts and expenditures records (those records specifically named in § 718.111 . . . In fact, complainant’s June 8th letter asked to see "all of the records authorized by § 718.111(7).” . . .
. . . See § 718.111(6), Fla.Stat. (1983); Wells v. . . .
. . . common elements or to another unit or units is granted to condominium associations pursuant to Section 718.111 . . . The litmus test, they argue, relying on Sections 718.103 and 718.111, is not a constituency test but . . . Section 718.111, which defines the powers and duties of a condominium association, states in pertinent . . .
. . . .] § 718.111(2), Fla.Stat. (1981); Fla.R.Civ.P. 1.221. . . . that in such a case the condominium association would be a permissible plaintiff pursuant to Section 718.111 . . .
. . . of the then members of the corporation, the action of Beau Monde cannot be sustained under section 718.111 . . .
. . . Section 718.111(12), Florida Statutes (1981), however, requires only the “approval” of two-thirds of . . .
. . . Section 718.111(4), Florida Statutes (1977), provides in whole: The powers and duties of the association . . . Sections 718.111(1) and (2) read in pertinent part: (1) The operation of the condominium shall be by . . .
. . . directors failed to comply with the duty to collect assessments imposed by the condominium law, Section 718.111 . . .
. . . all others similarly situated (comprising some 220 unit owners) as a class action pursuant to Section 718.111 . . .
. . . expenses” means all expenses and assessments properly incurred by the association for the condominium. 718.111 . . .
. . . 1977), the Florida Supreme Court held that section 711.12(2), Florida Statutes (1975), and section 718.111 . . .
. . . have the irrevocable right of access to each unit for repair or protection of the common elements, § 718.111 . . . to maintain or make repairs to the common elements beyond the exterior surfaces of the buildings, § 718.111 . . . not have the power to purchase units in any condominium and hold, convey, lease or mortgage them, § 718.111 . . . not required to maintain any insurance to protect the common elements of any of the condominiums, § 718.111 . . . have the power to purchase the recreation lease to which all residents of the project are bound. § 718.111 . . .
. . . See Section 718.111(1), Florida Statutes (1979). . . .
. . . condominium association to bring a class action under appropriate circumstances is embodied in Subsection 718.111 . . .
. . . It was expressly approved by the legislature in Section 718.111(1), Fla. . . .
. . . Further, we hold that Section 718.111, Florida Statutes (1977), does not prohibit a condominium unit . . .
. . . . § 718.111 which shall place same in a separate account and not distribute said funds pro rata to the . . .
. . . The sole question presented by this appeal is whether the trial court erred in construing § 718.111(7 . . . Section 718.111(7), F.S., provides in pertinent part: “The association shall maintain accounting records . . .
. . . with its review of the constitutionality of Section 711.12(2), Florida Statutes (1975), and Section 718.111 . . . view of the repeal in 1976 of Section 711.12(2), Florida Statutes (1975), and enactment of Section 718.111 . . . suggests that although Section 711.12(2), Florida Statutes (1975), and to a lesser degree, Section 718.111 . . . matter of substantive right which is the prerogative of the legislature and that, at least, Section 718.111 . . . Having laid this predicate petitioner then argues that the postoperative version of Section 718.111(2 . . .
. . . Stat. (1974), re-enacted as §718.111(2), Fla. . . .
. . . . §§ 718.111-114 (Supp. 1977) (West), repealing and replacing Condominium Act, 1963 Fla.Laws, ch. 63- . . .
. . . concur with the trial judge that Section 711.12(2), Florida Statutes (1975), and its successor, Section 718.111 . . . Accordingly, all portions of Section 711.-12(2), Florida Statutes (1975), and Section 718.111(2), Florida . . . or class of unit owners to bring any action which,” is available independently of the Act, Section 718.111 . . .