The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.301

718.301 Transfer of association control; claims of defect by association.—

(1) If unit owners other than the developer own 15 percent or more of the units in a condominium that will be operated ultimately by an association, the unit owners other than the developer are entitled to elect at least one-third of the members of the board of administration of the association. Unit owners other than the developer are entitled to elect at least a majority of the members of the board of administration of an association, upon the first to occur of any of the following events:

(a) Three years after 50 percent of the units that will be operated ultimately by the association have been conveyed to purchasers;

(b) Three months after 90 percent of the units that will be operated ultimately by the association have been conveyed to purchasers;

(c) When all the units that will be operated ultimately by the association have been completed, some of them have been conveyed to purchasers, and none of the others are being offered for sale by the developer in the ordinary course of business;

(d) When some of the units have been conveyed to purchasers and none of the others are being constructed or offered for sale by the developer in the ordinary course of business;

(e) When the developer files a petition seeking protection in bankruptcy;

(f) When a receiver for the developer is appointed by a circuit court and is not discharged within 30 days after such appointment, unless the court determines within 30 days after appointment of the receiver that transfer of control would be detrimental to the association or its members; or

(g) Seven years after 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; or, in the case of an association that may ultimately operate more than one condominium, 7 years after 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 which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first, for the first condominium it operates; or, in the case of an association operating a phase condominium created pursuant to s. 718.403, 7 years after 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 which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first.

The developer is entitled to elect at least one member of the board of administration of an association as long as the developer holds for sale in the ordinary course of business at least 5 percent, in condominiums with fewer than 500 units, and 2 percent, in condominiums with more than 500 units, of the units in a condominium operated by the association. After the developer relinquishes control of the association, the developer may exercise the right to vote any developer-owned units in the same manner as any other unit owner except for purposes of reacquiring control of the association or selecting the majority members of the board of administration.

(2) Within 75 days after the unit owners other than the developer are entitled to elect a member or members of the board of administration of an association, the association shall call, and give not less than 60 days’ notice of an election for the members of the board of administration. The election shall proceed as provided in s. 718.112(2)(d). The notice may be given by any unit owner if the association fails to do so. Upon election of the first unit owner other than the developer to the board of administration, the developer shall forward to the division the name and mailing address of the unit owner board member.

(3) If a developer holds units for sale in the ordinary course of business, none of the following actions may be taken without approval in writing by the developer:

(a) Assessment of the developer as a unit owner for capital improvements.

(b) Any action by the association that would be detrimental to the sales of units by the developer. However, an increase in assessments for common expenses without discrimination against the developer shall not be deemed to be detrimental to the sales of units.

(4) At the time that unit owners other than the developer elect a majority of the members of the board of administration of an association, the developer shall relinquish control of the association, and the unit owners shall accept control. Simultaneously, or for the purposes of paragraph (c) not more than 90 days thereafter, the developer shall deliver to the association, at the developer’s expense, all property of the unit owners and of the association which is held or controlled by the developer, including, but not limited to, the following items, if applicable, as to each condominium operated by the association:

(a)1. The original or a photocopy of the recorded declaration of condominium and all amendments thereto. If a photocopy is provided, it must be certified by affidavit of the developer or an officer or agent of the developer as being a complete copy of the actual recorded declaration.

2. A certified copy of the articles of incorporation of the association or, if the association was created prior to the effective date of this act and it is not incorporated, copies of the documents creating the association.

3. A copy of the bylaws.

4. The minute books, including all minutes, and other books and records of the association, if any.

5. Any house rules and regulations that have been promulgated.

(b) Resignations of officers and members of the board of administration who are required to resign because the developer is required to relinquish control of the association.

(c) The financial records, including financial statements of the association, and source documents from the incorporation of the association through the date of turnover. The records must be audited for the period from the incorporation of the association or from the period covered by the last audit, if an audit has been performed for each fiscal year since incorporation, by an independent certified public accountant. All financial statements must be prepared in accordance with generally accepted accounting principles and must be audited in accordance with generally accepted auditing standards, as prescribed by the Florida Board of Accountancy, pursuant to chapter 473. The accountant performing the audit shall examine to the extent necessary supporting documents and records, including the cash disbursements and related paid invoices to determine if expenditures were for association purposes and the billings, cash receipts, and related records to determine that the developer was charged and paid the proper amounts of assessments.

(d) Association funds or control thereof.

(e) All tangible personal property that is property of the association, which is represented by the developer to be part of the common elements or which is ostensibly part of the common elements, and an inventory of that property.

(f) A copy of the plans and specifications utilized in the construction or remodeling of improvements and the supplying of equipment to the condominium and in the construction and installation of all mechanical components serving the improvements and the site with a certificate in affidavit form of the developer or the developer’s agent or an architect or engineer authorized to practice in this state that such plans and specifications represent, to the best of his or her knowledge and belief, the actual plans and specifications utilized in the construction and improvement of the condominium property and for the construction and installation of the mechanical components serving the improvements. If the condominium property has been declared a condominium more than 3 years after the completion of construction or remodeling of the improvements, the requirements of this paragraph do not apply.

(g) A list of the names and addresses of all contractors, subcontractors, and suppliers utilized in the construction or remodeling of the improvements and in the landscaping of the condominium or association property which the developer had knowledge of at any time in the development of the condominium.

(h) Insurance policies.

(i) Copies of any certificates of occupancy that may have been issued for the condominium property.

(j) Any other permits applicable to the condominium property which have been issued by governmental bodies and are in force or were issued within 1 year prior to the date the unit owners other than the developer took control of the association.

(k) All written warranties of the contractor, subcontractors, suppliers, and manufacturers, if any, that are still effective.

(l) A roster of unit owners and their addresses and telephone numbers, if known, as shown on the developer’s records.

(m) Leases of the common elements and other leases to which the association is a party.

(n) Employment contracts or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person or persons performing the service.

(o) All other contracts to which the association is a party.

(p) Notwithstanding when the certificate of occupancy was issued or the height of the building, a turnover inspection report included in the official records, under seal of an architect or engineer authorized to practice in this state or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts, and attesting to required maintenance, condition, useful life, and replacement costs of the following applicable condominium property:

1. Roof.

2. Structure, including load-bearing walls and primary structural members and primary structural systems as those terms are defined in s. 627.706.

3. Fireproofing and fire protection systems.

4. Plumbing.

5. Electrical systems.

6. Waterproofing and exterior painting.

7. Windows and exterior doors.

(q) Notwithstanding when the certificate of occupancy was issued or the height of the building, a turnover inspection report included in the official records, under seal of an architect or engineer authorized to practice in this state or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts, and attesting to required maintenance, condition, useful life, and replacement costs of the following applicable condominium property comprising a turnover inspection report:

1. Elevators.

2. Heating and cooling systems.

3. Swimming pool or spa and equipment.

4. Seawalls.

5. Pavement and parking areas.

6. Drainage systems.

7. Irrigation systems.

(r) A copy of the certificate of a surveyor and mapper recorded pursuant to s. 718.104(4)(e) or the recorded 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 occurred first.

(s) A copy of the association’s most recent structural integrity reserve study.

(5) If, during the period prior to the time that the developer relinquishes control of the association pursuant to subsection (4), any provision of the Condominium Act or any rule promulgated thereunder is violated by the association, the developer is responsible for such violation and is subject to the administrative action provided in this chapter for such violation or violations and is liable for such violation or violations to third parties. This subsection is intended to clarify existing law.

(6) Prior to the developer relinquishing control of the association pursuant to subsection (4), actions taken by members of the board of administration designated by the developer are considered actions taken by the developer, and the developer is responsible to the association and its members for all such actions.

(7) In any claim against a developer by an association alleging a defect in design, structural elements, construction, or any mechanical, electrical, fire protection, plumbing, or other element that requires a licensed professional for design or installation under chapter 455, chapter 471, chapter 481, chapter 489, or chapter 633, such defect must be examined and certified by an appropriately licensed Florida engineer, design professional, contractor, or otherwise licensed Florida individual or entity.

(8) The division has authority to adopt rules pursuant to the Administrative Procedure Act to ensure the efficient and effective transition from developer control of a condominium to the establishment of a unit-owner-controlled association.

History.—s. 1, ch. 76-222; s. 7, ch. 77-221; s. 10, ch. 79-314; s. 264, ch. 79-400; s. 4, ch. 81-185; s. 10, ch. 84-368; s. 3, ch. 88-148; s. 15, ch. 90-151; s. 12, ch. 91-103; s. 5, ch. 91-426; s. 9, ch. 92-49; s. 862, ch. 97-102; s. 4, ch. 98-195; s. 1, ch. 2005-192; s. 17, ch. 2008-28; s. 15, ch. 2010-174; s. 7, ch. 2013-122; s. 165, ch. 2014-17; s. 9, ch. 2022-269; s. 9, ch. 2023-203.

F.S. 718.301 on Google Scholar

F.S. 718.301 on Casetext

Amendments to 718.301

Arrestable Offenses / Crimes under Fla. Stat. 718.301

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.301.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DIMITRI, v. COMMERCIAL CENTER OF MIAMI MASTER ASSOCIATION, INC., 253 So. 3d 715 (Fla. App. Ct. 2018)

. . . meaning of Section 718.103(2), subject to ultimate control by unit owners in accordance with Section 718.301 . . .

ARLINGTON PEBBLE CREEK, LLC, v. CAMPUS EDGE CONDOMINIUM ASSOCIATION, INC. a v., 232 So. 3d 502 (Fla. Dist. Ct. App. 2017)

. . . See § 718.301, Fla. Stat. . . . one representing the Association asserted that the transfer deviated from any provision of section 718.301 . . .

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

. . . The date of “turnover,” as defined by the declaration in article l(y) and as described in section 718.301 . . .

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

. . . .” § 718.301(4). . . . developer, and the developer is responsible to the association and its members for all such actions. § 718.301 . . .

COURVOISIER COURTS, LLC, v. COURVOISIER COURTS CONDOMINIUM ASSOCIATION, INC., 105 So. 3d 579 (Fla. Dist. Ct. App. 2012)

. . . over control of the Association to the purchasing unit owners (“Turnover”), as contemplated by section 718.301 . . .

COHN, v. GRAND CONDOMINIUM ASSOCIATION, INC. PH PH, 26 So. 3d 8 (Fla. Dist. Ct. App. 2009)

. . . Subsection (2) of section 718.404 addressed voting and stated: “Subject to s. 718.301, where the number . . .

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. . . .

TURNBERRY COURT CORPORATION, a a a v. Dr. BELLINI, a, 962 So. 2d 1006 (Fla. Dist. Ct. App. 2007)

. . . See § 718.301, Fla. Stat. (2005). . . .

DANIELS COMPANY, INCORPORATED, v. MITCHELL,, 479 F.3d 321 (4th Cir. 2007)

. . . . § 718.301 (2006). . . .

McKEEHAN, v. ATLANTIC III AT THE POINT CONDOMINIUM ASSOCIATION, INC., 885 So. 2d 486 (Fla. Dist. Ct. App. 2004)

. . . See § 718.301(5), Fla. Stat. (2000). . . .

SONNY BOY, L. L. C. v. ASNANI,, 879 So. 2d 25 (Fla. Dist. Ct. App. 2004)

. . . A related provision was added in 1984 to section 718.301(5) not directly applicable in this case, but . . .

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

. . . turnover of control of an association by a developer to unit owners other than a developer pursuant to s. 718.301 . . .

COLLEY COLLEY COAL COMPANY, v. BREEDING,, 59 F. App'x 563 (4th Cir. 2003)

. . . . § 718.301(a) (2000), and calculated a year of “regular employment” as a minimum of 125 work days, see . . .

ARMCO, INCORPORATED, v. C. MARTIN, 277 F.3d 468 (4th Cir. 2002)

. . . . § 718.301(b), if a miner works for 125 days, “the miner will be credited with one year of coal mine . . . The term "one year” is also used and defined in 20 C.F.R. § 718.301 (1999), the section setting out when . . . Section 718.301(b) states that "a year of employment means a period of one year, or partial periods totaling . . .

FREEMAN UNITED COAL MINING CO. v. E. SUMMERS,, 272 F.3d 473 (7th Cir. 2001)

. . . . § 718.301. . . .

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

. . . . § 718.301: This rule provides that a miner’s length of employment can be presumed if the miner worked . . . rules that plaintiffs' challenge in their Amended Complaint for which they offer no argument are: § 718.301 . . .

SABAL CHASE HOMEOWNERS ASS N INC. I n, II n, f u b o Co. v. WALT DISNEY WORLD CO. d b a ARDC f k a Co. JMB B. Y. BKM Co. Co. J., 726 So. 2d 796 (Fla. Dist. Ct. App. 1999)

. . . See § 718.301, Fla. Stat. . . .

LAKES OF THE MEADOW VILLAGE HOMES CONDOMINIUM NOS. ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE MAINTENANCE ASSOCIATIONS, INC. v. ARVIDA JMB PARTNERS, L. P. a, 714 So. 2d 1120 (Fla. Dist. Ct. App. 1998)

. . . See § 718.301, Fla. Stat. (1989). . . . See § 718.301, Fla. Stat. (1989). . . .

LOVILIA COAL COMPANY v. HARVEY, 109 F.3d 445 (8th Cir. 1997)

. . . . §§ 718.301-718-306). . . .

DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, DEPARTMENT OF LABOR v. GREENWICH COLLIERIES, 512 U.S. 267 (U.S. 1994)

. . . See 20 CFR §§718.301-718.306 (1993); Mullins Coal, 484 U. S., at 158. . . .

LANDES, v. OFFICE OF WORKERS COMPENSATION PROGRAM,, 997 F.2d 1192 (7th Cir. 1993)

. . . . § 718.301(b), which provides in pertinent part: For the purposes of the presumptions described in this . . . That rule, which is set forth in 20 C.F.R. § 718.301(b), became effective on April 1, 1980, and constituted . . . While Landes first filed his claim prior to the effective date of § 718.301, his claim was presented . . . In Yauk, as in this case, the original claim was filed prior to the promulgation of § 718.301, but was . . . with a fractional year based on the ratio of the actual number of days worked to 125," 20 C.F.R. § 718.301 . . .

RESIDENTIAL COMMUNITIES OF AMERICA, v. ESCONDIDO COMMUNITY ASSOCIATION,, 603 So. 2d 122 (Fla. Dist. Ct. App. 1992)

. . . ECA relied on section 718.301(3), Florida Statutes (1979), which provides: If a developer holds units . . . The language used in section 718.301(3) and section 718.103(13) (1979) do not settle the issue involved . . . But, in no manner can we read into section 718.301(3) a prohibition against affording greater protections . . . But by itself, this section gives RCA no more rights than section 718.301(3) or some other statute might . . .

ALTERNATIVE DEVELOPMENT, INC. M. Jr. M. Sr. v. ST. LUCIE CLUB AND APARTMENT HOMES CONDOMINIUM ASSOCIATION, INC. A, St. B, St. D, E. As St., 608 So. 2d 822 (Fla. Dist. Ct. App. 1992)

. . . Lucie Club, Inc., sued the developers of that project under section 718.301, Florida Statutes (1989). . . . Complaint sought turnover of control of the Master Association from Alternative pursuant to section 718.301 . . . in Martin County, Florida, and the action was brought in Martin County, Florida, pursuant to section 718.301 . . . Section 718.301 deals with the transfer of condominium association control to the unit owners from the . . . developer; section 718.301(4) provides in pertinent part: [T]he developer shall deliver to the association . . .

PALM BAY COURT CONDOMINIUM ASSOCIATION, INC. v. N. JACOBY,, 559 So. 2d 1252 (Fla. Dist. Ct. App. 1990)

. . . See § 718.301(1)(a, c), (2), (4), Fla.Stat. (1989); § 718.111(12)(c), Fla.Stat. (1989); Bishop Assocs . . .

BREAKERS OF FORT WALTON BEACH CONDOMINIUMS, INC. v. ATLANTIC BEACH MANAGEMENT, INC. a a, 552 So. 2d 274 (Fla. Dist. Ct. App. 1989)

. . . Section 718.301(4) requires the developer, upon relinquishment of control to the unit owners, to deliver . . .

YAUK, v. DIRECTOR, OWCP, U. S. DEPARTMENT OF LABOR,, 912 F.2d 192 (8th Cir. 1989)

. . . . § 718.301(b) (1988) and credited her husband with one full calendar year of coal mine employment for . . . The 125-day rule is the converse of 20 C.F.R. § 718.301(b) which provides in part: If an operator or . . .

GRIFFITH, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 868 F.2d 847 (6th Cir. 1989)

. . . . § 718.301(b) provides that, for the purpose of invoking specified part 718 presumptions, “[a] ‘working . . .

HUDSON, v. UNITED STATES DEPARTMENT OF LABOR,, 851 F.2d 215 (8th Cir. 1988)

. . . . §§ 727.203(c), 718.301(b) should be construed to allow a miner who shows at least 125 days of coal . . .

BISHOP ASSOCIATES LIMITED PARTNERSHIP, St. v. BELKIN,, 521 So. 2d 158 (Fla. Dist. Ct. App. 1988)

. . . Division’s declaratory statement should be rejected because its interpretation of sections 718.103 and 718.301 . . . Division’s declaratory statement should be rejected because its interpretation of sections 718.103 and 718.301 . . . Further, the Division concluded, pursuant to section 718.301(1) Florida Statutes, that appellants were . . . Had the legislature wanted to qualify developers by lease duration in section 718.301 Florida Statutes . . . In pertinent part Section 718.301 Florida Statutes (1985) provides: 718.301 Transfer of association control . . .

HAMPTONS DEVELOPMENT CORP. OF DADE, a v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES, 519 So. 2d 661 (Fla. Dist. Ct. App. 1988)

. . . Development sought a declaration from the Division that the condominium control turnover provision of section 718.301 . . .

DEPARTMENT OF BUSINESS REGULATION, v. TURTLE REEF ASSOCIATIES, INC., 21 Fla. Supp. 2d 194 (Fla. Div. Admin. Hearings 1986)

. . . should be ordered and what civil penalty imposed, if any, for Respondent’s admitted violation of Section 718.301 . . . (“Respondent”), with violating Section 718.301(4)(c), Florida Statutes, by failing to provide the required . . . At final hearing, the parties stipulated to certain facts and Respondent admitted violation Section 718.301 . . . provided the Condominium Association with an accounting review and the records required by Section 718.301 . . . Section 718.301, Florida Statutes (1983), provides in relevant part: (4) Prior to, or not more than 60 . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF LAND SALES, v. E. SIEGEL, TOWERS OF QUAYSIDE HOMEOWNERS ASSOCIATION, v. E. SIEGEL,, 479 So. 2d 112 (Fla. 1985)

. . . homeowners’ association is a condominium association that should be governed by the provisions of section 718.301 . . .

E. SIEGEL, No. v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, DEPARTMENT OF BUSINESS REGULATION, 453 So. 2d 414 (Fla. Dist. Ct. App. 1984)

. . . . 2 Condominium, sought a declaration that the unit owners are entitled by law, pursuant to Section 718.301 . . . Under Section 718.301(1), the unit owners allegedly are entitled to elect no less than one-third of the . . . property, it is not an association within the meaning of the Condominium Act and specifically Section 718.301 . . . meaning of Section 718.103(2), subject to ultimate control by unit owners in accordance with Section 718.301 . . . Section 718.301(1) provides in pertinent part: When unit owners other than the developer own 15 percent . . .

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

. . . . § 718.301, Fla. Stat. (1981). . . .

COLONIES CONDOMINIUM ASSOCIATION, INC. a v. CLAIRVIEW HOLDINGS, INC. a a L., 419 So. 2d 725 (Fla. Dist. Ct. App. 1982)

. . . respondent failed to account for assets and did not turn over the documents and funds required by section 718.301 . . . Section 718.301(4), Florida Statutes (1981), provides a list of items that a developer who is relinquishing . . . source documents since the date of incorporation of the association through the date of turnover.” § 718.301 . . .

ERO PROPERTIES, INC. a v. CONE,, 418 So. 2d 434 (Fla. Dist. Ct. App. 1982)

. . . provisions of Section 711.66, Florida Statutes (Supp.1974) (effective October 1, 1974) (renumbered Section 718.301 . . .