The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.115

718.115 Common expenses and common surplus.—

(1)(a) Common expenses include the expenses of the operation, maintenance, repair, replacement, or protection of the common elements and association property, costs of carrying out the powers and duties of the association, and any other expense, whether or not included in the foregoing, designated as common expense by this chapter, the declaration, the documents creating the association, or the bylaws. Common expenses also include reasonable transportation services, insurance for directors and officers, road maintenance and operation expenses, in-house communications, and security services, which are reasonably related to the general benefit of the unit owners even if such expenses do not attach to the common elements or property of the condominium. However, such common expenses must either have been services or items provided on or after the date control of the association is transferred from the developer to the unit owners or must be services or items provided for in the condominium documents or bylaws. Unless the manner of payment or allocation of expenses is otherwise addressed in the declaration of condominium, the expenses of any items or services required by any federal, state, or local governmental entity to be installed, maintained, or supplied to the condominium property by the association, including, but not limited to, firesafety equipment or water and sewer service where a master meter serves the condominium, shall be common expenses whether or not such items or services are specifically identified as common expenses in the declaration of condominium, articles of incorporation, or bylaws of the association.

(b) The common expenses of a condominium within a multicondominium are the common expenses directly attributable to the operation of that condominium. The common expenses of a multicondominium association do not include the common expenses directly attributable to the operation of any specific condominium or condominiums within the multicondominium. This paragraph is intended to clarify existing law and applies to associations existing on the effective date of this act.

(c) The common expenses of a multicondominium association may include categories of expenses related to the property or common elements within a specific condominium in the multicondominium if such property or common elements are areas in which all members of the multicondominium association have use rights or from which all members receive tangible economic benefits. Such common expenses of the association shall be identified in the declaration or bylaws as originally recorded or as amended under the procedures provided therein of each condominium within the multicondominium association. This paragraph is intended to clarify existing law and applies to associations existing on the effective date of this act.

(d) If provided in the declaration, the cost of communications services as defined in chapter 202, information services, or Internet services obtained pursuant to a bulk contract is a common expense. If the declaration does not provide for the cost of such services as a common expense, the board may enter into such a contract, and the cost of the service will be a common expense. The cost for the services under a bulk rate contract may be allocated on a per-unit basis rather than a percentage basis if the declaration provides for other than an equal sharing of common expenses, and any contract entered into before July 1, 1998, in which the cost of the service is not equally divided among all unit owners, may be changed by vote of a majority of the voting interests present at a regular or special meeting of the association, to allocate the cost equally among all units. The contract must be for at least 2 years.

1. Any contract made by the board on or after July 1, 1998, 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 occurs first, following the making of the contract, such contract shall be deemed ratified for the term therein expressed.

2. Such contract must provide, and is 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 non-hearing-impaired or sighted person, or any unit owner receiving supplemental security income under Title XVI of the Social Security Act or food assistance as administered by the Department of Children and Families pursuant to s. 414.31, may discontinue the cable or video service without incurring disconnect fees, penalties, or subsequent service charges, and, as to such units, the owners are not required to pay any common expenses charge related to such service. If fewer than all members of an association share the expenses of cable or video service, the expense shall be shared equally by all participating unit owners. The association may use the provisions of s. 718.116 to enforce payment of the shares of such costs by the unit owners receiving cable or video service.

(e) The expense of installation, replacement, operation, repair, and maintenance of hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection by the board pursuant to s. 718.113(5) constitutes a common expense and shall be collected as provided in this section if the association is responsible for the maintenance, repair, and replacement of the hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection pursuant to the declaration of condominium. However, if the maintenance, repair, and replacement of the hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection are the responsibility of the unit owners pursuant to the declaration of condominium, the cost of the installation of the hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection is not a common expense and shall be charged individually to the unit owners based on the cost of installation of the hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection appurtenant to the unit. Notwithstanding s. 718.116(9), and regardless of whether or not the declaration requires the association or unit owners to maintain, repair, or replace hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection, a unit owner who has previously installed hurricane shutters in accordance with s. 718.113(5) that comply with the current applicable building code shall receive a credit when the shutters are installed; a unit owner who has previously installed impact glass or code-compliant windows or doors that comply with the current applicable building code shall receive a credit when the impact glass or code-compliant windows or doors are installed; and a unit owner who has installed other types of code-compliant hurricane protection that comply with the current applicable building code shall receive a credit when the same type of other code-compliant hurricane protection is installed, and the credit shall be equal to the pro rata portion of the assessed installation cost assigned to each unit. However, such unit owner remains responsible for the pro rata share of expenses for hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection installed on common elements and association property by the board pursuant to s. 718.113(5) and remains responsible for a pro rata share of the expense of the replacement, operation, repair, and maintenance of such shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection.

(f) Common expenses include the costs of insurance acquired by the association under the authority of s. 718.111(11), including costs and contingent expenses required to participate in a self-insurance fund authorized and approved pursuant to s. 624.462.

(g) 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 condominium in which the unit is located.

(2) Except as otherwise provided by this chapter, funds for payment of the common expenses of a condominium shall be collected by assessments against the units in that condominium in the proportions or percentages provided in that condominium’s declaration. In a residential condominium, or mixed-use condominium created after January 1, 1996, each unit’s share of the common expenses of the condominium and common surplus of the condominium shall be the same as the unit’s appurtenant ownership interest in the common elements.

(3) Common surplus is owned by unit owners in the same shares as their ownership interest in the common elements.

(4)(a) Funds for payment of the common expenses of a condominium within a multicondominium shall be collected as provided in subsection (2). Common expenses of a multicondominium association shall be funded by assessments against all unit owners in the association in the proportion or percentage set forth in the declaration as required by s. 718.104(4)(h) or s. 718.110(12), as applicable.

(b) In a multicondominium association, the total common surplus owned by a unit owner consists of that owner’s share of the common surplus of the association plus that owner’s share of the common surplus of the condominium in which the owner’s unit is located, in the proportion or percentage set forth in the declaration as required by s. 718.104(4)(h) or s. 718.110(12), as applicable.

History.—s. 1, ch. 76-222; s. 1, ch. 77-174; s. 7, ch. 84-368; s. 1, ch. 88-148; s. 11, ch. 90-151; s. 8, ch. 91-103; s. 3, ch. 91-116; ss. 5, 8, ch. 91-426; s. 5, ch. 92-49; s. 9, ch. 94-350; s. 3, ch. 96-396; s. 4, ch. 98-322; s. 55, ch. 2000-302; s. 11, ch. 2002-27; s. 5, ch. 2007-80; s. 10, ch. 2008-28; s. 4, ch. 2008-240; s. 11, ch. 2010-174; s. 40, ch. 2010-209; s. 5, ch. 2013-188; s. 283, ch. 2014-19.

F.S. 718.115 on Google Scholar

F.S. 718.115 on Casetext

Amendments to 718.115

Arrestable Offenses / Crimes under Fla. Stat. 718.115

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.115.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . The term “common expenses” is defined broadly in section 718.115(l)(a) to encompass costs which benefit . . . “of the operation, maintenance, repair, replacement, or protection of the common elements .... ” § 718.115 . . . common expenses represent a benefit or burden to the condominium as a whole is underscored by section 718.115 . . . Consequently, the fine failed to meet section 718.115(2)’s requirement for a common expense and, therefore . . . Stat. .§ 718.115(2), Fla. Stat. . . .

CORAL WAY CONDOMINIUM INVESTMENTS, INC. v. CONDOMINIUM ASSOCIATION, INC., 66 So. 3d 1038 (Fla. Dist. Ct. App. 2011)

. . . See §§ 718.111(4), 718.115(2), Fla. Stat. (2009). . . . . § 718.115(1), Fla. Stat. (2009). . . .

In COLONY BEACH TENNIS CLUB ASSOCIATION, INC. v., 456 B.R. 545 (M.D. Fla. 2011)

. . . Section 718.115(l)(a), Florida Statutes, states that, “Common expenses include the expenses of the operation . . . Section 718.115(2) states that, “Except as otherwise provided in [the Condominium Act], funds for payment . . .

In SPA AT SUNSET ISLES CONDOMINIUM ASSOCIATION, INC., 454 B.R. 898 (Bankr. S.D. Fla. 2011)

. . . OneWest also relies on sections 718.115 and 718.303 of the Condominium Act. . . . Section 718.115 provides in relevant part that “funds for payment of the common expenses of a condominium . . . Stat. § 718.115(2) and (4)(a) (2010) (emphasis added). . . . Similarly, assuming that sections 718.115 and 718.303 limit a mortgagee’s liability for assessments, . . . Preemption aside, the Court notes that OneWest's reliance on sections 718.115 and 718.303 is misplaced . . .

CALI, v. MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION B INC. a, 59 So. 3d 363 (Fla. Dist. Ct. App. 2011)

. . . Section 718.115(l)(a) defines “Common expenses”: (l)(a) Common expenses include the expenses of the operation . . .

In MAISON GRANDE CONDOMINIUM ASSOCIATION, INC. a, 425 B.R. 684 (Bankr. S.D. Fla. 2010)

. . . . § 718.115(3) (renumbered from Fla. Stat. § 711.14(3) (1971)). . . .

COMCAST OF FLORIDA, L. P. v. L AMBIANCE BEACH CONDOMINIUM ASSOCIATION, INC. a, 17 So. 3d 839 (Fla. Dist. Ct. App. 2009)

. . . Compare §§ 718.115(1)(d), 718.301(4)(n), and 718.3025(4), Fla. Stat. . . . Further, section 718.115(1)(d), Fla. . . . maintenance, repair, replacement, or protection of the common elements and association property .... ” § 718.115 . . .

J. CARR, v. OLD PORT COVE PROPERTY OWNERS ASSOCIATION, INC., 8 So. 3d 403 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

EDEN ISLES CONDOMINIUM ASSOCIATION, INC. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 1 So. 3d 291 (Fla. Dist. Ct. App. 2009)

. . . rates which differed from those set out in its Declaration of Condominium, in violation of section 718.115 . . .

MARCO ISLAND CABLE, INC. a v. COMCAST CABLEVISION OF THE SOUTH, INC. a, 509 F. Supp. 2d 1158 (M.D. Fla. 2007)

. . . . § 718.115(1)(d) provides: If so provided in the declaration, the cost of a master antenna television . . . Stat. § 718.115(1)(d) provides in part: If the declaration does not provide for the cost of a master . . . Stat. § 718.115(l)(d) and Dynamic Cablevision. . . .

DAYTONA COMMERCIAL I, LC, v. DAYTONA INN BEACH RESORT CONDOMINIUM,, 911 So. 2d 273 (Fla. Dist. Ct. App. 2005)

. . . certain statutory provisions apparently not brought to the trial court’s attention, including section 718.115 . . .

SCUDDER, v. GREENBRIER C. CONDOMINIUM ASSOCIATION, INC. B., 663 So. 2d 1362 (Fla. Dist. Ct. App. 1995)

. . . In 1988, the Florida Legislature adopted an amendment to section 718.115(1), Florida Statutes, which . . . The amendment to section 718.115 was passed in response to this court’s opinion in Rothenberg v. . . . See § 718.115(l)(a), Fla.Stat. (Supp.1988). . . . 718.115(l)(a) is unconstitutionally vague and ambiguous. . . . Moreover, the amendment to section 718.115(l)(a) is not unconstitutionally vague. . . .

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

. . . It is also true that section 718.115(1), Florida Statutes (1987), defines common expenses to include . . . Thus, reading section 718.115(1) in pari materia with section 718.103(7), an expense designated as a . . . . § 718.115(2), Fla.Stat. (1987). . . . .” § 718.115(1), Fla.Stat. (1987). . . .

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). . . .

GLYNN, v. SIEGAL,, 637 So. 2d 324 (Fla. Dist. Ct. App. 1994)

. . . See §§ 718.115 & 116, Fla.Stat. . . .

SHECHTMAN, v. JOCKEY CLUB III ASSOCIATION, INC. a Dr. M. M. Z., 622 So. 2d 481 (Fla. Dist. Ct. App. 1993)

. . . Ecclestone, 500 So.2d 331 (Fla. 4th DCA 1986), review denied, 509 So.2d 1118 (Fla.1987); § 718.115(1) . . .

SENIORS CIVIL LIBERTIES ASSOCIATION, INC. J. v. KEMP, HOUSING AND URBAN DEVELOPMENT,, 965 F.2d 1030 (11th Cir. 1992)

. . . . §§ 718.115(2) ("payment of common expenses shall be collected by assessments against unit owners"), . . .

OCEAN BEACH RESORT, INC. v. RODACK,, 586 So. 2d 363 (Fla. Dist. Ct. App. 1991)

. . . 718.103(6) (defining “common elements”), 718.103(16) (defining “limited common elements”), 718.108, 718.115 . . .

MEYER, R. Jr. S. v. J. SCUTIERI, Jr. N. A., 539 So. 2d 602 (Fla. Dist. Ct. App. 1989)

. . . . §§ 718.115(2), 718.-119(1), Fla.Stat. (1987). REVERSED AND REMANDED. . . .

THE HEMISPHERES CONDOMINIUM ASSOCIATION, INC. v. LEVIN,, 33 Fla. Supp. 2d 1 (Fla. Cir. Ct. 1989)

. . . The above statutes must be read together with §718.115, which provides that the funds for the payment . . .

CHMIL, v. MEDITERRANEAN MANORS ASSOCIATION, INC. a, 516 So. 2d 1109 (Fla. Dist. Ct. App. 1987)

. . . Such an interpretation is also consistent with section 718.115(2), Florida Statutes (1985), which provides . . . Thus, section 718.115(2) expresses an intent which is consistent with that which we have explained is . . . require that the association operate contrary to the declaration and the intent reflected by section 718.115 . . .

ISLAND MANOR APARTMENTS OF MARCO ISLAND, INC. v. DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 515 So. 2d 1327 (Fla. Dist. Ct. App. 1987)

. . . declaratory statement of the Division of Florida Land Sales, Condominiums and Mobile Homes, that section 718.115 . . . Section 718.115(2) provides: Funds for the payment of common expenses shall be collected by assessments . . . time, section 711.14(2), Florida Statutes (1971), which was amended in 1977 and renumbered as section 718.115 . . . explain, the declaration provides that an amendment to the declaration of the type represented by section 718.115 . . . declaration to the incorporation of amendments to the condominium act, they did not consent to section 718.115 . . .

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

. . . Section 718.115(1), Florida Statutes (1983), defines common expenses as: (1) Common expenses include . . .

SUNTIDE CONDOMINIUM ASSOCIATION, INC. v. DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, DEPARTMENT OF BUSINESS REGULATIONS,, 504 So. 2d 1343 (Fla. Dist. Ct. App. 1987)

. . . See § 718.115(2), Fla.Stat. (1975). . . . litigation confirmed that the Association was required to assess unit owners in compliance with section 718.115 . . . The dissenting unit owners argued that pursuant to section 718.110(4) and section 718.115(2) no change . . .

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)

. . . determination is whether the Respondent exceeded its authority under Sections 718.111(4), (6), and 718.115 . . . Statutes, therefore exceeded the Respondent’s authority in violation of Section 718.111 (4)(6) «fe 718.115 . . .

SUNTIDE CONDOMINIUM ASSOCIATION, INC. v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, DEPARTMENT OF BUSINESS REGULATION,, 463 So. 2d 314 (Fla. Dist. Ct. App. 1984)

. . . assessing the condominium’s common expenses equally against each unit owner, in violation of section 718.115 . . .

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

. . . Section 718.115(2) of the Florida Statutes (1983) requires that funds for the payment of common expenses . . . proportion to their ownership interest, and therefore cannot be a common expense without violating section 718.115 . . .

POINT MANAGEMENT, INC. v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS,, 449 So. 2d 306 (Fla. Dist. Ct. App. 1984)

. . . found the golf course expenses to be “common expenses” under the condominium documents and Section 718.115 . . .

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

. . . case, paragraph VIII of the Declaration, as reformed, materially conflicts with sections 718.104(4), 718.115 . . . (Emphasis added) Section 718.115(2) reads in full: 718.115 Common expenses and common surplus.— (2) Funds . . . As reformed, paragraph VIII conflicts with sections 718.104(4)(g) and 718.115(2) because the manner of . . .

A. GALLAGHER, v. SEAGATE OF GULFSTREAM CONDOMINIUM ASSOCIATION, INC., 423 So. 2d 640 (Fla. Dist. Ct. App. 1983)

. . . recreation lease was, without serious dispute, a common expense pursuant to the definition stated in Section 718.115 . . . Plaintiffs specifically relied upon Section 718.115(2), Florida Statutes (1981), and Section 718.116( . . . Section 718.115(2), Florida Statutes (1981), states: (2)Funds for the payment of common expenses shall . . .

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

. . . and sale of Suntide Condominium Units were executed prior to July 1, 1975, when the statute [now § 718.115 . . . common element assessment scheme which is contrary to the proportion of ownership formula required by § 718.115 . . . declaration in accordance with § 718.104(2)) until after the effective date Qf the contested amendment to § 718.115 . . . the election was made, and the contract created, prior to the effective date of the amendment to § 718.115 . . . cease and desist order, the hearing officer did not address the issue of whether the amendment to § 718.115 . . .

B. NORRIS v. EDWIN W. PECK, INC., 381 So. 2d 353 (Fla. Dist. Ct. App. 1980)

. . . Sec. 718.115, Fla.Stat. (1979). . . .