The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.3025

718.3025 Agreements for operation, maintenance, or management of condominiums; specific requirements.—

(1) No written contract between a party contracting to provide maintenance or management services and an association which contract provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall be valid or enforceable unless the contract:

(a) Specifies the services, obligations, and responsibilities of the party contracting to provide maintenance or management services to the unit owners.

(b) Specifies those costs incurred in the performance of those services, obligations, or responsibilities which are to be reimbursed by the association to the party contracting to provide maintenance or management services.

(c) Provides an indication of how often each service, obligation, or responsibility is to be performed, whether stated for each service, obligation, or responsibility or in categories thereof.

(d) Specifies a minimum number of personnel to be employed by the party contracting to provide maintenance or management services for the purpose of providing service to the association.

(e) Discloses any financial or ownership interest which the developer, if the developer is in control of the association, holds with regard to the party contracting to provide maintenance or management services.

(f) Discloses any financial or ownership interest a board member or any party providing maintenance or management services to the association holds with the contracting party.

(2) In any case in which the party contracting to provide maintenance or management services fails to provide such services in accordance with the contract, the association is authorized to procure such services from some other party and shall be entitled to collect any fees or charges paid for service performed by another party from the party contracting to provide maintenance or management services.

(3) Any services or obligations not stated on the face of the contract shall be unenforceable.

(4) Notwithstanding the fact that certain vendors contract with associations to maintain equipment or property which is made available to serve unit owners, it is the intent of the Legislature that this section applies to contracts for maintenance or management services for which the association pays compensation. This section does not apply to contracts for services or property made available for the convenience of unit owners by lessees or licensees of the association, such as coin-operated laundry, food, soft drink, or telephone vendors; cable television operators; retail store operators; businesses; restaurants; or similar vendors.

(5) A party contracting to provide maintenance or management services to an association managing a residential condominium after transfer of control of the association, as provided in s. 718.301, which is not a timeshare condominium association, or an officer or board member of such party, may not purchase a unit at a foreclosure sale resulting from the association’s foreclosure of association lien for unpaid assessments or take a deed in lieu of foreclosure. If 50 percent or more of the units in the condominium are owned by a party contracting to provide maintenance or management services to an association managing a residential condominium after transfer of control of the association, as provided in s. 718.301, which is not a timeshare condominium association, or by an officer or board member of such party, the contract with the party providing maintenance or management services may be canceled by a majority vote of the unit owners other than the contracting party or an officer or board member of such party.

History.—s. 5, ch. 78-340; s. 12, ch. 79-314; s. 7, ch. 86-175; s. 18, ch. 2008-28; s. 5, ch. 2017-188.

F.S. 718.3025 on Google Scholar

F.S. 718.3025 on Casetext

Amendments to 718.3025

Arrestable Offenses / Crimes under Fla. Stat. 718.3025

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.3025.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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. . . . We disagree that reference to cable television in section 718.3025(4) suggests that cable television . . .

G. E. L. CORPORATION, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 875 So. 2d 1257 (Fla. Dist. Ct. App. 2004)

. . . particularly since there had been a judicial interpretation after the original enactment of section 718.3025 . . .

BROWN, BROWN, Jr. v. MRS MANUFACTURING COMPANY,, 617 So. 2d 758 (Fla. Dist. Ct. App. 1993)

. . . its original intent, and did so in this instance, without modifying the original wording of section 718.3025 . . .

PALMA DEL MAR CONDOMINIUM ASSOCIATION OF ST. PETERSBURG, INC. v. COMMERCIAL LAUNDRIES OF WEST FLORIDA, INC., 586 So. 2d 315 (Fla. 1991)

. . . Association #5, 561 So.2d 1233 (2d DCA 1990), in which the Second District Court of Appeal held that section 718.3025 . . . Third District Court of Appeal in Wash-Bowl, explaining: We do not believe that in enacting section 718.3025 . . . The district court noted that in 1986 the legislature clarified section 718.3025 by explaining, in subsection . . . the Wash-Bowl decision, the legislature enacted chapter 86-175, Laws of Florida, clarifying section 718.3025 . . . Section 718.3025, Florida Statutes (1985), provides: (1)No written contract between a party contracting . . .

COMMERCIAL LAUNDRIES OF WEST FLORIDA, INC. a v. PALMA DEL MAR CONDOMINIUM ASSOCIATION OF ST. PETERSBURG, INC. a, 561 So. 2d 1233 (Fla. Dist. Ct. App. 1990)

. . . the lease, the Association based its action upon the third district court’s interpretation of section 718.3025 . . . That statute provides as follows: 718.3025 Agreements for operation, maintenance, or management of condominiums . . . We do not believe that in enacting section 718.3025, the legislature envisioned that section would apply . . . clarified by an amendment to that statute its intent with respect to the nonap-plication of section 718.3025 . . . cable television operators, retail store operators; businesses; restaurants; or similar vendors. § 718.3025 . . .

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

. . . The first count alleged that the lease agreement violated the provisions of section 718.3025, Florida . . . Section 718.3025, Florida Statutes, places certain minimum requirements on contracts executed between . . . Although no Florida cases have interpreted section 718.3025, Florida Statutes, we believe laundry space . . . Wash-Bowl failed to comply with section 718.3025(l)(b), (c), and (d), Florida Statutes. . . . In the case at bar, the public policy behind section 718.3025, Florida Statutes, to insure that certain . . .

V. REBHOLZ v. METROCARE, INC., 397 So. 2d 677 (Fla. 1981)

. . . The motions placed in issue the effect and validity of section 718.3025, Florida Statutes (1978 Supp. . . . Section 718.3025 provides: 718.3025 Agreements for operation, maintenance, or management of condominiums . . . Section 718.126 is an attempt by the legislature to make the requirements of section 718.3025 retroactively . . .