The 2023 Florida Statutes (including Special Session C)
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. . . See also § 718.302(3), Fla. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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. . . .
. . . . § 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 . . .
. . . . §§ 718.203(b), 718.302-.306 (presumptions). . . .
. . . . §§ 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . the trial court and hold that appellees were entitled to an award of attorney’s fees under section 718.302 . . .
. . . to the above presumption also receives the benefit of an additional presumption provided by section 718.302 . . .
. . . . § 718.302. . . .
. . . 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 . . .
. . . to the above presumption also receives the benefit of an additional presumption provided by section 718.302 . . .
. . . 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 . . .
. . . . §§ 718.203(b), 718.302 (1988). . . .
. . . . §§ 718.203(b), 718.302-.306 (presumptions). . . .
. . . . § 718.302. . . .
. . . 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 . . .
. . . 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 . . .
. . . Statutes (1985), and the second count alleged that the lease agreement was in violation of section 718.302 . . .
. . . As to appellant’s first count for breach of the lease, appellee argued below that section 718.302(l)( . . .
. . . effectively exercised its statutory rights to terminate any of its agreements with MAS pursuant to Section 718.302 . . .
. . . 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 . . .
. . . See also section 718.302, Florida Statutes (1981), for frequent references to the “unit owner other than . . .
. . . 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 . . .
. . . Nor do the affirmative defenses suggest the provision is unconscionable under Section 718.302(2), Florida . . .
. . . . §§ 718.302(3) and 718.401(8) [formerly 711.231] which prohibits escalation clauses in condominium leases . . .
. . . 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 . . .