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Florida Statute 718.302 | Lawyer Caselaw & Research
F.S. 718.302 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 718
CONDOMINIUMS
View Entire Chapter
F.S. 718.302
718.302 Agreements entered into by the association.
(1) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be fair and reasonable, and such grant, reservation, or contract may be canceled by unit owners other than the developer:
(a) If the association operates only one condominium and the unit owners other than the developer have assumed control of the association, or if unit owners other than the developer own not less than 75 percent of the voting interests in the condominium, the cancellation shall be by concurrence of the owners of not less than 75 percent of the voting interests other than the voting interests owned by the developer. If a grant, reservation, or contract is so canceled and the unit owners other than the developer have not assumed control of the association, the association shall make a new contract or otherwise provide for maintenance, management, or operation in lieu of the canceled obligation, at the direction of the owners of not less than a majority of the voting interests in the condominium other than the voting interests owned by the developer.
(b) If the association operates more than one condominium and the unit owners other than the developer have not assumed control of the association, and if unit owners other than the developer own at least 75 percent of the voting interests in a condominium operated by the association, any grant, reservation, or contract for maintenance, management, or operation of buildings containing the units in that condominium or of improvements used only by unit owners of that condominium may be canceled by concurrence of the owners of at least 75 percent of the voting interests in the condominium other than the voting interests owned by the developer. No grant, reservation, or contract for maintenance, management, or operation of recreational areas or any other property serving more than one condominium, and operated by more than one association, may be canceled except pursuant to paragraph (d).
(c) If the association operates more than one condominium and the unit owners other than the developer have assumed control of the association, the cancellation shall be by concurrence of the owners of not less than 75 percent of the total number of voting interests in all condominiums operated by the association other than the voting interests owned by the developer.
(d) If the owners of units in a condominium have the right to use property in common with owners of units in other condominiums and those condominiums are operated by more than one association, no grant, reservation, or contract for maintenance, management, or operation of the property serving more than one condominium may be canceled until unit owners other than the developer have assumed control of all of the associations operating the condominiums that are to be served by the recreational area or other property, after which cancellation may be effected by concurrence of the owners of not less than 75 percent of the total number of voting interests in those condominiums other than voting interests owned by the developer.
(2) Any grant or reservation made by a declaration, lease, or other document, or any contract made by the developer or association prior to the time when unit owners other than the developer elect a majority of the board of administration, which grant, reservation, or contract requires the association to purchase condominium property or to lease condominium property to another party, shall be deemed ratified unless rejected by a majority of the voting interests of unit owners other than the developer within 18 months after unit owners other than the developer elect a majority of the board of administration. This subsection does not apply to any grant or reservation made by a declaration whereby persons other than the developer or the developer’s heirs, assigns, affiliates, directors, officers, or employees are granted the right to use the condominium property, so long as such persons are obligated to pay, at a minimum, a proportionate share of the cost associated with such property.
(3) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association, whether before or after assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall not be in conflict with the powers and duties of the association or the rights of the unit owners as provided in this chapter. This subsection is intended only as a clarification of existing law.
(4) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the developer, shall be fair and reasonable.
(5) It is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in management contracts for condominiums, and such clauses are hereby declared void for public policy. For the purposes of this section, an escalation clause is any clause in a condominium management contract which provides that the fee under the contract shall increase at the same percentage rate as any nationally recognized and conveniently available commodity or consumer price index.
(6) Any action to compel compliance with the provisions of this section or of s. 718.301 may be brought pursuant to the summary procedure provided for in s. 51.011. In any such action brought to compel compliance with the provisions of s. 718.301, the prevailing party is entitled to recover reasonable attorney’s fees.
History.s. 1, ch. 76-222; s. 1, ch. 77-174; s. 11, ch. 79-314; s. 11, ch. 84-368; s. 43, ch. 86-175; s. 863, ch. 97-102.

F.S. 718.302 on Google Scholar

F.S. 718.302 on Casetext

Amendments to 718.302


Arrestable Offenses / Crimes under Fla. Stat. 718.302
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.302.



Annotations, Discussions, Cases:

Cases from cite.case.law:

GROVE ISLE ASSOCIATION, INC. v. GROVE ISLE ASSOCIATES, LLLP,, 137 So. 3d 1081 (Fla. Dist. Ct. App. 2014)

. . . unreasonable, and unconscionable, and consequently, void and unenforceable, pursuant to sections 718.122 and 718.302 . . . or other common facilities by condominium unit owners when nine enumerated factors are present) and 718.302 . . .

In COLONY BEACH TENNIS CLUB ASSOCIATION, INC. v., 454 B.R. 209 (Bankr. M.D. Fla. 2011)

. . . owners” because, until the units sell, “there is no one else to act for the [association”; (2) Section 718.302 . . . Section 718.302 states that, upon the affirmative vote of a certain percent of unit owners: [a]ny grant . . .

JUPITER OCEAN AND RACQUET CLUB CONDOMINIUM ASSOCIATION, INC. v. COURTSIDE PROPERTIES OF PALM BEACH, LLC,, 17 So. 3d 854 (Fla. Dist. Ct. App. 2009)

. . . trial court erred in finding the association time-barred from cancelling a lease, pursuant to section 718.302 . . . The issue to be resolved is whether section 718.302 can be applied to the lease. . . . Section 718.302 became effective in 1977. . . . The association does not dispute that section 718.302(1) cannot be applied retroactively. . . . The predecessor judge erred in holding that section 718.302(1) applied to the lease. . . .

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

. . . We find no error and affirm, but write to address the application of section 718.302. . . . .” § 718.302(1), Fla. Stat. . . . (“service contracts”) with § 718.302, Fla. Stat. . . . Section 718.302, Fla. . . . Therefore section 718.302 applies to the agreement and addenda. . . .

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

. . . . § 718.302 (2006) (“If a miner who is suffering or suffered from pneumoconiosis was employed for ten . . . the pneumoconiosis arose out of such employment.” 20 C.F.R. § 718.203(b) (2006); see also 20 C.F.R. § 718.302 . . . informal conference and that, based upon the 10-year employment presumption contained in 20 C.F.R. § 718.302 . . . anywhere close to the requisite ten years necessary to invoke the presumption of causation under § 718.302 . . .

PEABODY COAL COMPANY v. E. HILL,, 123 F.3d 412 (6th Cir. 1997)

. . . . §§ 718.203(b), 718.302-.306 (presumptions). . . .

LISA LEE MINES v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, 86 F.3d 1358 (4th Cir. 1996)

. . . . §§ 718.302, .304. In short, the substance of Rutter’s claim is fine. II. Procedure is the rub. . . . Not only does the denial of benefits itself necessarily imply the opposite finding, see 20 C.F.R. §§ 718.302 . . .

J. MITCHELL, v. OFFICE OF WORKERS COMPENSATION PROGRAMS,, 25 F.3d 500 (7th Cir. 1994)

. . . given the benefit of the § 718.305 rebuttable presumption that he suffered from pneumoconiosis, and § 718.302 . . . , 1476 (10th Cir.1989) (stating that claimant entitled to § 718.305 presumption also receives the § 718.302 . . .

AINSLIE AT CENTURY VILLAGE CONDOMINIUM ASSOCIATION, INC. a v. H. LEVY, d b a B. R. F. a a a, 626 So. 2d 229 (Fla. Dist. Ct. App. 1993)

. . . This is an appeal of a final summary judgment determining section 718.302, Florida Statutes (1979) does . . . At the time the units were submitted to condominium ownership section 718.302(1), Florida Statutes provided . . . The developers of Century Village West were aware of and took into consideration the impact of 718.302 . . . trial court the operation and maintenance provisions of the lease come within the ambit of section 718.302 . . . Section 718.302(1). . . .

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)

. . . the trial court and hold that appellees were entitled to an award of attorney’s fees under section 718.302 . . .

DAVIS, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, U. S. DEPARTMENT OF LABOR,, 936 F.2d 1111 (10th Cir. 1991)

. . . to the above presumption also receives the benefit of an additional presumption provided by section 718.302 . . .

COMPTON, v. INLAND STEEL COAL COMPANY, 933 F.2d 477 (7th Cir. 1991)

. . . . § 718.302. . . .

A- ONE COIN LAUNDRY EQUIPMENT CO. v. WATERSIDE TOWERS CONDOMINIUM ASSOCIATION, INC., 561 So. 2d 590 (Fla. Dist. Ct. App. 1990)

. . . See § 718.302, Fla.Stat. (1987). . . . With regard to the merits, first, we agree with the trial court that an action under section 718.302, . . . Insofar as applicable here, paragraph 718.302(l)(a) set forth a general rule which allowed the termination . . . If the vending equipment lease met the criteria set forth in paragraph 718.302(l)(e), then the lease . . . A-One was also obliged to show that it satisfied the service standards set forth in subparagraph 718.302 . . .

In BOSCO, v. TWIN PINES COAL COMPANY, 892 F.2d 1473 (10th Cir. 1989)

. . . to the above presumption also receives the benefit of an additional presumption provided by section 718.302 . . .

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

. . . This count also contained allegations that the contract violated sections 718.302(4) and 718.302(3). . . . Neither the terms of the contract relied upon by appellant nor section 718.302 provide appellant with . . . (4) and that it is in conflict with the unit owners’ rights in violation of section 718.302(3)), the . . . Section 718.302, Florida Statutes (1987), provides in part: (1) [A]ny contract made by an association . . . The purpose of section 718.302 is to provide a means by which unit owners may terminate contracts when . . .

E. WENSEL, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 888 F.2d 14 (3d Cir. 1989)

. . . . §§ 718.203(b), 718.302 (1988). . . .

ADAMS, v. DIRECTOR, OWCP,, 886 F.2d 818 (6th Cir. 1989)

. . . . §§ 718.203(b), 718.302-.306 (presumptions). . . .

JORDAN, v. BENEFITS REVIEW BOARD OF UNITED STATES DEPARTMENT OF LABOR, 876 F.2d 1455 (11th Cir. 1989)

. . . . § 718.302. . . .

CONDOMINIUM ASSOCIATION INC. v. RESIDENCES AT SLOAN S CURVE, INC. B. D. H. G. L. D., 513 So. 2d 1324 (Fla. Dist. Ct. App. 1987)

. . . Before us is the question of whether a condominium association, under section 718.302, Florida Statutes . . . The trial judge held that section 718.302 was inapplicable. We agree. . . . declaration and prior to any unit sales, are not cancellable by a later formed association under Section 718.302 . . . was predicated upon the grant of a motion in limine which excluded any evidence pertinent to Section 718.302 . . . Moreover, it is clear that the trial judge, as a matter of law, was correct in holding Section 718.302 . . .

HASTINGS F CONDOMINIUM ASSOCIATION, INC. G v. PERLMAN, a, 493 So. 2d 1128 (Fla. Dist. Ct. App. 1986)

. . . In 1982, appellants’ members voted to cancel the easement rights pursuant to section 718.302, Florida . . . Section 718.302 provides: (1) Any grant or reservation made by a declaration, lease, or other document . . . cancellation pursuant to section 711.665, Florida Statutes (1975), the predecessor statute to section 718.302 . . . owners, we hold that appellants did not effect a valid cancellation of the easement pursuant to section 718.302 . . .

WASH- BOWL VENDING CO. INC. v. NO. CONDOMINIUM ASSOCIATION, VILLAGE GREEN, INC., 485 So. 2d 1307 (Fla. Dist. Ct. App. 1986)

. . . Statutes (1985), and the second count alleged that the lease agreement was in violation of section 718.302 . . .

BAY GULF LAUNDRY EQUIPMENT COMPANY, INC. v. CHATEAU TOWER, INC., 484 So. 2d 613 (Fla. Dist. Ct. App. 1986)

. . . As to appellant’s first count for breach of the lease, appellee argued below that section 718.302(l)( . . .

COUNTRY MANORS ASSOCIATION, INC. a v. MASTER ANTENNA SYSTEMS, INC. a, 458 So. 2d 835 (Fla. Dist. Ct. App. 1984)

. . . effectively exercised its statutory rights to terminate any of its agreements with MAS pursuant to Section 718.302 . . .

TRI- PROPERTIES, INC. v. MOONSPINNER CONDOMINIUM ASSOCIATION, INC., 447 So. 2d 965 (Fla. Dist. Ct. App. 1984)

. . . or that it was unfair or unreasonable, in order to exercise the right of-cancellation under Section 718.302 . . . Appellee relied solely upon the provisions of Section 718.302, Florida Statutes (1981), as giving it . . . The statute, in pertinent part, provides: 718.302 Agreements entered into by the association.— (1) Any . . . Any attempt to retroactively apply the cancellation rights conferred by Section 718.302 to existing contracts . . . cancellation of a contract and thus eliminate the remedy of specific performance (an interpretation of Section 718.302 . . .

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

. . . See also section 718.302, Florida Statutes (1981), for frequent references to the “unit owner other than . . .

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

. . . The Thackers, however, citing section 718.302(l)(a), Florida Statutes (1977), contend that the decision . . . Section 718.302(l)(a) reads in relevant part: 718.302 Agreements Entered into by the Association.— (1 . . . (Emphasis added) We believe that the Thackers’ interpretation of section 718.302(l)(a) is unrealistic . . . In sum, section 718.302(l)(a) does not preclude the board of administration of an association from terminating . . . it not for the fact that the Association does not argue otherwise, we would question whether section 718.302 . . .

OUTDOOR RESORTS OF AMERICA, INC. v. OUTDOOR RESORTS AT NETTLES ISLAND, INC., 379 So. 2d 471 (Fla. Dist. Ct. App. 1980)

. . . Nor do the affirmative defenses suggest the provision is unconscionable under Section 718.302(2), Florida . . .

O. SCHLYTTER C. v. A. L. BAKER, a C. R. a, 580 F.2d 848 (5th Cir. 1978)

. . . . §§ 718.302(3) and 718.401(8) [formerly 711.231] which prohibits escalation clauses in condominium leases . . .

R. B. F. MANAGEMENT COMPANY, a v. SUNSHINE TOWERS APARTMENT RESIDENCES ASSOCIATION, INC. a, 352 So. 2d 561 (Fla. Dist. Ct. App. 1977)

. . . unfairness of the management contract as permitted by Section 711.66(5)(e), Florida Statutes (now § 718.302 . . . inclusion of an escalation clause of the type prohibited by Section 711.231, Florida Statutes (now § 718.302 . . .