The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.114

718.114 Association powers.—An association may enter into agreements to acquire leaseholds, memberships, and other possessory or use interests in lands or facilities such as country clubs, golf courses, marinas, and other recreational facilities, regardless of whether the lands or facilities are contiguous to the lands of the condominium, if such lands and facilities are intended to provide enjoyment, recreation, or other use or benefit to the unit owners. All of these leaseholds, memberships, and other possessory or use interests existing or created at the time of recording the declaration must be stated and fully described in the declaration. Subsequent to the recording of the declaration, agreements acquiring these leaseholds, memberships, or other possessory or use interests which are not entered into within 12 months of the date of the recording of the certificate of a surveyor and mapper pursuant to s. 718.104(4)(e) or the recording of an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first, are a material alteration or substantial addition to the real property that is association property, and the association may not acquire or enter into such agreements except upon a vote of, or written consent by, a majority of the total voting interests or as authorized by the declaration as provided in s. 718.113. The declaration may provide that the rental, membership fees, operations, replacements, and other expenses are common expenses and may impose covenants and restrictions concerning their use and may contain other provisions not inconsistent with this chapter. A condominium association may conduct bingo games as provided in s. 849.0931.

History.—s. 1, ch. 76-222; s. 4, ch. 79-314; s. 9, ch. 90-151; s. 1, ch. 91-67; s. 7, ch. 91-103; s. 2, ch. 91-206; s. 5, ch. 91-426; ss. 2, 6, ch. 92-280; s. 1, ch. 93-160; s. 4, ch. 2007-173; s. 3, ch. 2007-228; s. 5, ch. 2011-196; s. 6, ch. 2013-122.

F.S. 718.114 on Google Scholar

F.S. 718.114 on Casetext

Amendments to 718.114

Arrestable Offenses / Crimes under Fla. Stat. 718.114

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.114.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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). . . .

KESL, INC. a v. RACQUET CLUB OF DEER CREEK II CONDOMINIUM, INC., 574 So. 2d 251 (Fla. Dist. Ct. App. 1991)

. . . Florida Statutes Section 718.114 provides: An association has the power to enter into agreements, to . . . Section 718.114 does not preclude a developer from arranging a recreation contract package or plan involving . . . reasonably related to the overall scope of the facilities plan and complies with the provisions of section 718.114 . . . Where such a condominium recreation arrangement meets the standards required by 718.114, we cannot say . . . and benefit to the unit owners within the Condominium and was authorized by Florida Statute section 718.114 . . . exempt from any prohibition against unlawful tying arrangements pursuant to Florida Statute section 718.114 . . . Florida Statutes (1989), and any prohibition against unlawful tying arrangements pursuant to section 718.114 . . . Although section 718.114 gives an association the power to enter into a contract for membership fees, . . .

ROTHENBERG, v. PLYMOUTH CONDOMINIUM ASSOCIATION,, 511 So. 2d 651 (Fla. Dist. Ct. App. 1987)

. . . Section 718.114, Florida Statutes (1983). . . . As such, it does not fall within the realm of either section 718.111 or section 718.114, Florida Statutes . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, v. PINNACLE PORT COMMUNITY ASSOCIATION, INC., 23 Fla. Supp. 2d 235 (Fla. Div. Admin. Hearings 1986)

. . . assessments for non-condominium property, such as involved in the present case, is specified in Section 718.114 . . . assessment for the Phillips Inlet project was inconsistent with the purposes specified under Section 718.114 . . . The purpose of this assessment is clearly inconsistent with the terms of Section 718.114, Florida Statutes . . . improper, Respondent has failed to amend its condominium documents to exercise its authority under Section 718.114 . . . Section 718.114, Florida Statutes. . . .

BEAU MONDE, INC. a B. F. Jr. J. a U. S. a a a v. H. BRAMSON, E., 446 So. 2d 164 (Fla. Dist. Ct. App. 1984)

. . . recreational lease was specifically contemplated in the original documents and complied with section 718.114 . . .

WATERFORD POINT CONDOMINIUM APARTMENTS, INC. v. FASS, a, 402 So. 2d 1327 (Fla. Dist. Ct. App. 1981)

. . . .-114, Florida Statutes (1979) which provide in pertinent part as follows: 718.114 Association powers . . . This provision in the declaration is authorized by Section 718.114. . . .

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

. . . Under § 718.114, an association has the power to acquire leaseholds for recreational facilities, but . . .