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Florida Statute 718.303 | Lawyer Caselaw & Research
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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. 718.303
718.303 Obligations of owners and occupants; remedies.
(1) Each unit owner, tenant and other invitee, and association is governed by, and must comply with the provisions of, this chapter, the declaration, the documents creating the association, and the association bylaws which are expressly incorporated into any lease of a unit. Actions at law or in equity, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against:
(a) The association.
(b) A unit owner.
(c) Directors designated by the developer, for actions taken by them before control of the association is assumed by unit owners other than the developer.
(d) Any director who willfully and knowingly fails to comply with these provisions.
(e) Any tenant leasing a unit, and any other invitee occupying a unit.

The prevailing party in any such action or in any action in which the purchaser claims a right of voidability based upon contractual provisions as required in s. 718.503(1)(a) is entitled to recover reasonable attorney fees. A unit owner prevailing in an action between the association and the unit owner under this subsection, in addition to recovering his or her reasonable attorney fees, may recover additional amounts as determined by the court to be necessary to reimburse the unit owner for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. Actions arising under this subsection are not considered actions for specific performance.

(2) A provision of this chapter may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision, except that unit owners or members of a board of administration may waive notice of specific meetings in writing if provided by the bylaws. Any instruction given in writing by a unit owner or purchaser to an escrow agent may be relied upon by an escrow agent, whether or not such instruction and the payment of funds thereunder might constitute a waiver of any provision of this chapter.
(3) The association may levy reasonable fines for the failure of the owner of the unit or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may not become a lien against a unit. A fine may be levied by the board on the basis of each day of a continuing violation, with a single notice and opportunity for hearing before a committee as provided in paragraph (b). However, the fine may not exceed $100 per violation, or $1,000 in the aggregate.
(a) An association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators.
(b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ written notice to the unit owner and, if applicable, any tenant, licensee, or invitee of the unit owner sought to be fined or suspended, and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the committee does not approve the proposed fine or suspension by majority vote, the fine or suspension may not be imposed. If the proposed fine or suspension is approved by the committee, the fine payment is due 5 days after notice of the approved fine is provided to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner. The association must provide written notice of such fine or suspension by mail or hand delivery to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner.
(4) If a unit owner is more than 90 days delinquent in paying a fee, fine, or other monetary obligation due to the association, the association may suspend the right of the unit owner or the unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators. The notice and hearing requirements under subsection (3) do not apply to suspensions imposed under this subsection.
(5) An association may suspend the voting rights of a unit owner or member due to nonpayment of any fee, fine, or other monetary obligation due to the association which is more than $1,000 and more than 90 days delinquent. Proof of such obligation must be provided to the unit owner or member 30 days before such suspension takes effect. A voting interest or consent right allocated to a unit owner or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the declaration, articles of incorporation, or bylaws. The suspension ends upon full payment of all obligations currently due or overdue the association. The notice and hearing requirements under subsection (3) do not apply to a suspension imposed under this subsection.
(6) All suspensions imposed pursuant to subsection (4) or subsection (5) must be approved at a properly noticed board meeting. Upon approval, the association must notify the unit owner and, if applicable, the unit’s occupant, licensee, or invitee by mail or hand delivery.
(7) The suspensions permitted by paragraph (3)(a) and subsections (4) and (5) apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple units owned by a member.
(8) A receiver may not exercise voting rights of any unit owner whose unit is placed in receivership for the benefit of the association pursuant to this chapter.
History.s. 1, ch. 76-222; s. 1, ch. 77-174; s. 12, ch. 84-368; s. 16, ch. 90-151; s. 14, ch. 91-103; s. 5, ch. 91-426; s. 11, ch. 92-49; s. 864, ch. 97-102; s. 14, ch. 2003-14; s. 20, ch. 2008-28; s. 16, ch. 2010-174; s. 8, ch. 2011-196; s. 6, ch. 2013-188; s. 10, ch. 2015-97; s. 7, ch. 2017-188; s. 7, ch. 2018-96; s. 11, ch. 2021-99.

F.S. 718.303 on Google Scholar

F.S. 718.303 on Casetext

Amendments to 718.303


Arrestable Offenses / Crimes under Fla. Stat. 718.303
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.303.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IEZZI FAMILY LIMITED PARTNERSHIP, v. EDGEWATER BEACH OWNERS ASSOCIATION, INC. a E. D. a k a R. D. R. Sr. T. A. E., 254 So. 3d 584 (Fla. App. Ct. 2018)

. . . Section 718.303(1), Florida Statutes, provides a cause of action for damages or equitable relief that . . . Iezzi argues that to limit section 718.303(1) actions by requiring that they comply with the pre-suit . . . Section 718.303(1) permits condominium unit owners and associations to take action against each other . . . This is a derivative action, and because sections 718.303(1) and 617.07401 do not conflict, the court . . . We note that although both sections 718.111 and 718.303 have been repeatedly amended since 1976, there . . .

COCONUT KEY HOMEOWNER S ASSOCIATION, INC. v. GONZALEZ,, 246 So. 3d 428 (Fla. App. Ct. 2018)

. . . Section 718.303(1), Florida Statutes (2008), authorizes the extraordinary civil remedy of a mandatory . . . (b) A unit owner. § 718.303(1) (emphasis added). . . .

SMULDERS FOR HARRISON STREET, LLC E. v. THIRTY- THREE SIXTY CONDOMINIUM ASSOCIATION, INC., 245 So. 3d 802 (Fla. App. Ct. 2018)

. . . Section 718.303(1), Florida Statutes (2017), implements checks and balances on the power of associations . . . expenses of the litigation;" and there is also the issue of attorney's fees to the "prevailing party." § 718.303 . . .

WATERVIEW TOWERS CONDOMINIUM ASSOCIATION, INC. a J. O v. CITY OF WEST PALM BEACH, a LLC, a, 232 So. 3d 401 (Fla. Dist. Ct. App. 2017)

. . . This argument also supports the Plaintiffs’ standing under Florida Statutes section 718.303(1) (2016) . . .

IN RE KENDALL LAKE TOWERS CONDOMINIUM ASSOCIATION, INC., 576 B.R. 268 (Bankr. S.D. Fla. 2017)

. . . . § 718.303(1). . . . Stat. § 718.303(1) nor the Declaration of Condominium entitle CMG to an award of attorney’s fees if it . . . Stat. § 718.303(1) overwhelmingly favor a very narrow interpretation. . . . Stat. § 718.303(1) is inapplicable "to Management since it is neither a unit owner nor an association . . . Stat, § 718.303(2) (authorizing an escrow agent to rely upon ”[a]ny instruction given in writing by a . . .

FOX, v. HAMPTONS AT METROWEST CONDOMINIUM ASSOCIATION, INC., 223 So. 3d 453 (Fla. Dist. Ct. App. 2017)

. . . The complaint alleged, inter alia, that Fox violated section 718.303, Florida Statutes (2015), by failing . . .

GONZALEZ v. INTERNATIONAL PARK CONDOMINIUM I ASSOCIATION, INC., 217 So. 3d 1128 (Fla. Dist. Ct. App. 2017)

. . . 718.1255(1), Florida Statutes (2014) (fees for litigating after alternative dispute resolution); section 718.303 . . . Section 718.303 The second statute relied upon by the Association, section 718.303, provides that the . . . A fee award in favor of the Association under section 718.303 on this basis also was unwarranted based . . .

ESCADOTE I CORP. v. OCEAN THREE LIMITED PARTNERSHIP,, 211 So. 3d 1059 (Fla. Dist. Ct. App. 2016)

. . . The basis for attorney’s fees against the Association was alleged to be section 718.303, Florida Statutes . . . Section 718.303, Florida Statutes (2010), provides for an award of legal fees to the prevailing party . . .

BRITTANY S PLACE CONDOMINIUM ASSOCIATION, INC. v. U. S. BANK, N. A., 205 So. 3d 794 (Fla. Dist. Ct. App. 2016)

. . . , as well as a declaration of the parties’ rights under the statute and damages pursuant to section 718.303 . . .

MADISON AT SOHO II CONDOMINIUM ASSOCIATION, INC. a v. DEVO ACQUISITION ENTERPRISES, LLC, a, 198 So. 3d 1111 (Fla. Dist. Ct. App. 2016)

. . . A late fee is not subject to.chapter 687 or s. 718.303(4). ' . . . .

ENVIRON TOWERS I CONDOMINIUM ASSOCIATION, INC. v. HOKENSTROM, 181 So. 3d 542 (Fla. Dist. Ct. App. 2015)

. . . Association, Inc. sued unit owners Virginia and Holly Hokenstrom for injunctive relief pursuant to section 718.303 . . . Also, the Association sought attorney's fees under Article 20 of the Declaration and section 718.303. . . . Discussion Both section 718.303 and Article 20 of the Declaration permit the award of attorney’s fees . . . Section 718.303(1) states that the “prevailing party” in an action “for injunctive relief’ is “entitled . . . We therefore read section 718.303’s reference to an action “for injunctive relief’ as'necessarily including . . .

AMELIO v. MARILYN PINES UNIT II CONDOMINIUM ASSOCIATION, INC., 173 So. 3d 1037 (Fla. Dist. Ct. App. 2015)

. . . mandatory injunctive relief — and all that it will entail — is warranted here only bécause section 718.303 . . . Furthermore, section 718.303(1) expressly provides condominium owners such as the Amelios with an avenue . . . Fla. 2d DCA 2006) (“A violation of the requirements of chapter 718 is itself a harm for which section 718.303 . . . . § 718.303(1), Fla. Stat. (2011); see Abbey Park Homeowners Ass’n v. . . . Under section 718.303(1), the requirement of irreparable harm is satisfied when a violation of chapter . . . See § 718.303(1); Legakis, 40 So.3d at 903 (noting that a mandatory injunction is appropriate to require . . .

BLUE INFINITI, LLC v. WILSON, 170 So. 3d 136 (Fla. Dist. Ct. App. 2015)

. . . Here, Pa-dow cannot be a “prevailing party” within the meaning of section 718.303(1) because he paid . . .

SHTEYN v. GRANDVIEW PALACE CONDO ASSN., 147 So. 3d 675 (Fla. Dist. Ct. App. 2014)

. . . Section 718.303(l)(b),(e), Florida Statutes (2013), reads in relevant part, as follows: “Actions for . . . after the lawsuit was filed, they are no longer a “tenant leasing a unit” as contemplated in Section 718.303 . . .

KING COLE CONDOMINIUM ASSOCIATION, INC. v. MID- CONTINENT CASUALTY COMPANY, LLC,, 21 F. Supp. 3d 1296 (S.D. Fla. 2014)

. . . . § 718.303. . . .

BERMUDA DUNES PRIVATE RESIDENCES, v. BANK OF AMERICA,, 133 So. 3d 609 (Fla. Dist. Ct. App. 2014)

. . . Florida Statutes; and (Count III) judgment for damages, costs, and attorney’s fees pursuant to section 718.303 . . .

OCEAN BANK, v. CARIBBEAN TOWERS CONDOMINIUM ASSOCIATION, INC., 121 So. 3d 1087 (Fla. Dist. Ct. App. 2013)

. . . arguments and reverse because the Bank was entitled to prevailing party attorney’s fees under section 718.303 . . . of the statutory cap to the Association’s liens and an award of attorney’s fees pursuant to section 718.303 . . . In enacting section 718.303(1), the Legislature clearly intended the prevailing party in disputes between . . .

L. TUBBS A. v. MECHANIK NUCCIO HEARNE WESTER, P. A. RC N. A. n k a N. A., 125 So. 3d 1034 (Fla. Dist. Ct. App. 2013)

. . . Here, Padow cannot be a “prevailing party” within the meaning of section 718.303(1) because he paid the . . . that to declare [the owner] the prevailing party in this case would be contrary to a goal of [section 718.303 . . .

CASTELLANOS, v. CITIZENS PROPERTY INSURANCE CORPORATION,, 98 So. 3d 1180 (Fla. Dist. Ct. App. 2012)

. . . the association, the association bylaws and the provisions in these documents, pursuant to section 718.303 . . .

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. . . . Stat. § 718.303(1) (2010). . . . Section 718.303(1) further provides that an action for failure to comply with the Condominium Act or . . . Similarly, assuming that sections 718.115 and 718.303 limit a mortgagee’s liability for assessments, . . . Stat. § 718.303(1). . . .

BRIARWINDS CONDOMINIUM ASSOCIATION, INC. v. RIGSBY, 51 So. 3d 532 (Fla. Dist. Ct. App. 2010)

. . . However, count two sought an injunction based on the defendants’ violation of section 718.303, Florida . . . a violation of the statute “an alleged violation of chapter 718 is itself a harm for which section 718.303 . . .

LAW- YUE, v. MIAMI RIVER, L. L. C., 50 So. 3d 620 (Fla. Dist. Ct. App. 2010)

. . . .” § 718.303(2), Fla. Stat. (2005). . . .

HOLLYWOOD TOWERS CONDOMINIUM ASSOCIATION, INC. a v. HAMPTON,, 40 So. 3d 784 (Fla. Dist. Ct. App. 2010)

. . . relief against an association, an alleged violation of chapter 718 is itself a harm for which section 718.303 . . . Section 718.303(1), Florida Statutes (2009), “permits a unit owner to seek injunctive relief for failure . . .

BEACH TERRACE ASSOCIATION, INC. a v. WANDA DiPAOLA STEPHEN RINKO GENERAL PARTNERSHIP,, 27 So. 3d 147 (Fla. Dist. Ct. App. 2010)

. . . circuit court’s ruling that it was not entitled to an award of attorney’s fees pursuant to sections 718.303 . . .

NINE ISLAND AVENUE CONDOMINIUM ASSOCIATION, INC. v. SIEGEL,, 23 So. 3d 1248 (Fla. Dist. Ct. App. 2009)

. . . entry of judgment awarding attorney’s fees and costs as the prevailing party pursuant to both section 718.303 . . . That section provides, in relevant part: 718.303. . . .

MITCHELL, v. BEACH CLUB OF HALLANDALE CONDOMINIUM ASSOCIATION, INC., 17 So. 3d 1265 (Fla. Dist. Ct. App. 2009)

. . . Section 718.303(1), Florida Statutes, permits a unit owner to seek injunctive relief for failure of a . . . relief against an association, an alleged violation of chapter 718 is itself a harm for which section 718.303 . . .

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

. . . section 718.302 would be “tantamount to a waiver of those rights,” something prohibited by section 718.303 . . .

CURCI VILLAGE CONDOMINIUM ASSOCIATION, INC. v. MARIA,, 14 So. 3d 1175 (Fla. Dist. Ct. App. 2009)

. . . She also sought damages pursuant to section 718.303, Florida Statutes, due to her being forced to defend . . . The court awarded Santa Maria prevailing party attorney’s fees and costs pursuant to section 718.303, . . . was required to comply with the provisions of the declaration pursuant to its own terms and section 718.303 . . .

PRICE, v. CORIC, 997 So. 2d 493 (Fla. Dist. Ct. App. 2008)

. . . seeking injunctive relief to enforce the provisions of the declaration of condominium pursuant to section 718.303 . . .

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

. . . . § 718.303(1). . . . Stat. § 718.303(1) does not preclude MIC from suing to enforce its right under Fla. . . .

ALHAMBRA HOMEOWNERS ASSOCIATION, INC. a v. ASAD,, 943 So. 2d 316 (Fla. Dist. Ct. App. 2006)

. . . So.2d 135 (Fla. 4th DCA 1995) (applying prevailing party provision in condominium statute, section 718.303 . . . held that the association was the prevailing party in the first action within the meaning of section 718.303 . . .

S. HOBBS v. WEINKAUF, No. a, 940 So. 2d 1151 (Fla. Dist. Ct. App. 2006)

. . . Section 718.303 provides, among other things, that a unit owner may bring an action for injunctive relief . . . Among the actions that may be brought under this provision are actions against an association. § 718.303 . . . A violation of the requirements of chapter 718 is itself a harm for which section 718.303 authorizes . . .

L. WALTERS v. BLANKENSHIP,, 931 So. 2d 137 (Fla. Dist. Ct. App. 2006)

. . . Section 718.303(1), Florida Statutes (2005), imposes upon each unit owner the obligation to comply with . . .

SORRENTINO v. RIVER RUN CONDOMINIUM ASSOCIATION,, 925 So. 2d 1060 (Fla. Dist. Ct. App. 2006)

. . . , and that the trial court breached its discretion in failing to make an award pursuant to sections 718.303 . . . contractual provisions as required in s. 788.503(l)(a) is entitled to recover reasonable attorney’s fees. § 718.303 . . .

HAMPTONS WEST CONDOMINIUM ASSOCIATION, INC. v. HAMPTONS SOUTH CONDOMINIUM ASSOCIATION, INC., 919 So. 2d 509 (Fla. Dist. Ct. App. 2005)

. . . . § 718.303, Fla. Stat. (2004). . . .

LANDMARK AT HILLSBORO CONDOMINIUM ASSOCIATION, INC. v. CANDELORA, 911 So. 2d 1272 (Fla. Dist. Ct. App. 2005)

. . . final order denying its motion for attorneys’ fees and costs as the prevailing party under section 718.303 . . . section and it is thus inapplicable to the issue of whether Landmark timely moved for fees under section 718.303 . . .

C. BARATTA, Jr. v. VALLEY OAK HOMEOWNERS ASSOCIATION AT THE VINEYARDS, INC. a, 891 So. 2d 1063 (Fla. Dist. Ct. App. 2004)

. . . In this motion, Valley Oak requested attorney’s fees, citing section 718.303, Florida Statutes (2003) . . .

LENNAR HOMES, INC. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 888 So. 2d 50 (Fla. Dist. Ct. App. 2004)

. . . arbitration provision in a condominium purchase and sale agreement is prohibited by sections 718.111(3), 718.303 . . . petition for declaratory statement seeking the opinion of the Division as to whether §§ 718.111(3), 718.303 . . . Generally, sections 718.111(3), 718.303 and 718.506 grant a condominium purchaser causes of action for . . . Further, sections 718.303(1) and 718.506(2) provide that the prevailing party in such actions is entitled . . . the scope of agency rulemaking authority, see sections 120.52(8) and 120.536(1), sections 718.111(3), 718.303 . . . addressed only the developer’s petition asking for an interpretation ■ of whether sections 718.111(3), 718.303 . . . binding arbitration provisions because these provisions are inconsistent with sections 718.111(3), 718.303 . . . Section 718.303, pertaining to obligations of owners, authorizes a unit owner who prevails in any action . . .

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

. . . Section 718.303(1) creates the difference. . . . See 718.303(1), Fla. Stat. (Supp.1976); Fla. Laws § .1, ch 76-222. . . . Clearly section 718.303(1) was not involved, nor was it mentioned. . . . (l)(d), and the higher fiduciary language implied in section 718.303(l)(c). . . . Section 718.303(1) is in conflict with section 617.0834(1) and 607.0831(1). . . . asserts that because Asnani, as developer, designated both himself and Lovell as directors under section 718.303 . . . c), they are held to a stricter standard for any wrongful acts than elected directors under section 718.303 . . . Section 718.303(1), Florida Statutes (2002), provides in part: (1) Each unit owner, each tenant and other . . . (l)(c) and seetion 718.303(l)(d) between directors who are “designated by the developer” and “any director . . . Florida cases discussed below focus on section 718.303(l)(d) and allow us to conclude that Florida courts . . .

In GRUBBS CONSTRUCTION COMPANY, v., 306 B.R. 372 (Bankr. M.D. Fla. 2004)

. . . 85, 86 (Fla. 1st DCA 1990) (in determining a claim for attorneys’ fees pursuant to Florida Statute § 718.303 . . .

BACON FAMILY PARTNERS, L. P. a v. APOLLO CONDOMINIUM ASSOCIATION, INC. a, 852 So. 2d 882 (Fla. Dist. Ct. App. 2003)

. . . The ASSOCIATION is entitled to injunctive relief pursuant to Section 718.303(1), Florida Statutes. . . .

D. PADOW, M. D. P. A. v. KNOLLWOOD CLUB ASSOCIATION, INC. a, 839 So. 2d 744 (Fla. Dist. Ct. App. 2003)

. . . and certified a question as being of great public importance concerning the application of section 718.303 . . . OWNER FOR UNPAID ASSESSMENTS, IS THE UNIT OWNER THE “PREVAILING PARTY” WITHIN THE MEANING OF SECTION 718.303 . . . thoughtful order to the issue of whether Padow was the “prevailing party” within the meaning of section 718.303 . . . The test for determining the “prevailing party” under section 718.303(1) is “whether the party ‘succeeded . . . Here, Padow cannot be a “prevailing party” within the meaning of section 718.303(1) because he paid the . . .

PARDO, v. THE DECOPLAGE CONDOMINIUM ASSOCIATION, INC., 833 So. 2d 782 (Fla. Dist. Ct. App. 2002)

. . . See § 718.303, Fla. Stat. (1997). . . .

J. RADOS, v. P. RADOS,, 791 So. 2d 1130 (Fla. Dist. Ct. App. 2001)

. . . public records enforcement); § 713.29, Fla.Stat. (1999) (enforcement of lien or claim against a bond); § 718.303 . . .

SOUTH BAY CLUB CONDOMINIUM ASSOCIATION, INC. v. DUBLINO,, 766 So. 2d 1083 (Fla. Dist. Ct. App. 2000)

. . . them an award of attorney’s fees as we conclude that they were entitled to fees under both section 718.303 . . .

S. J. BUSINESS ENTERPRISES, INC. a k a S. J. d b a v. COLORALL TECHNOLOGIES, INC. a k a S., 755 So. 2d 769 (Fla. Dist. Ct. App. 2000)

. . . Section 718.303(2), Florida Statutes, provides, “A provision of this chapter may not be waived if the . . .

In SUNCOAST TOWERS EAST ASSOCIATES, a, 241 B.R. 476 (Bankr. S.D. Fla. 1999)

. . . Florida Statute § 718.303(1). . . .

WAYNE PAINT COMPANY, v. GULFVIEW APARTMENTS OF MARCO ISLAND, INC., 739 So. 2d 1259 (Fla. Dist. Ct. App. 1999)

. . . Paint Company moved for its attorney’s fees pursuant to both the condominium agreement and section 718.303 . . . Section 718.303(1) provides that unit owners and associations may bring actions for damages, injunctive . . .

DI PAOLA v. BEACH TERRACE ASSOCIATION, INC. O, 718 So. 2d 1275 (Fla. Dist. Ct. App. 1998)

. . . its determination that they were not prevailing parties for purposes of attorney’s fees under section 718.303 . . . Rinko moved for an awai'd of attorney’s fees and costs on count IV, as prevailing parties under section 718.303 . . . The association and the directors sought section 718.303(1) prevailing party fees under count VI. . . . plaintiffs clearly are the prevailing parties on count IV for purposes of a fee award under section 718.303 . . . Di Paola and Rinko pleaded entitlement to , section 718.303(1) fees in the general allegations of their . . .

CUERVO, J. v. WEST LAKE VILLAGE II CONDOMINIUM ASSOCIATION, INC. a, 709 So. 2d 598 (Fla. Dist. Ct. App. 1998)

. . . The association pled an entitlement to attorney’s fees pursuant to section 718.303, Florida Statutes . . . , for an award of attorney’s fees and costs pursuant to the Declaration of Condominium and sections 718.303 . . .

PERLOW, v. Ed GOLDBERG, 700 So. 2d 148 (Fla. Dist. Ct. App. 1997)

. . . Stat.(1995); § 718.303(l)(d), Fla. Stat. (1995). . . . Reck-lessness or an act or omission which was committed in bad faith or with malicious purpose. .Section 718.303 . . .

ARES, v. CYPRESS PARK GARDEN HOMES I CONDOMINIUM ASSOCIATION, INC., 696 So. 2d 885 (Fla. Dist. Ct. App. 1997)

. . . involves only the litigants’ respective rights, as prevailing parties, to attorney’s fees under section 718.303 . . . Additionally, we find no error in the court’s and the master’s ruling that section 718.303 does not authorize . . . PARKER, AC.J., and FULMER, J., concur. . 718.303 Obligations of owners; waiver; levy of fine against . . .

OAKLAND EAST MANORS CONDOMINIUM ASSOCIATION, INC. v. D. LA ROZA,, 669 So. 2d 1138 (Fla. Dist. Ct. App. 1996)

. . . See § 718.303, Fla.Stat. (1993); Sybert v. . . . See § 718.303, Fla.Stat. (1993); Sybert; Brickell Bay. . . .

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

. . . the trial court granted the Associations’ motion for attorney’s fees and costs pursuant to section 718.303 . . . Thereafter, on July 16, 1993, the Associations moved for attorney’s fees pursuant to section 718.303, . . .

GRIFFIN, v. BERKLEY SOUTH CONDOMINIUM ASSOCIATION,, 661 So. 2d 135 (Fla. Dist. Ct. App. 1995)

. . . condominium unit owner, appeals an order denying his motion for prevailing party attorney fees under section 718.303 . . .

J. ROSSO, K. J. v. GOLDEN SURF TOWERS CONDOMINIUM ASSOCIATION, 651 So. 2d 787 (Fla. Dist. Ct. App. 1995)

. . . the five counts in Rosso’s complaint would entitle the association to attorney’s fees under section 718.303 . . .

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

. . . The Association’s good faith proposal is particularly unworkable in light of section 718.303(l)(e), Florida . . . Section 718.303(l)(e) was amended in 1991 to provide that a prevailing unit owner in an action between . . . levied during the litigation, a prevailing unit owner is entitled to reimbursement of the assessment. § 718.303 . . . There is no reason to believe that the amendment to section 718.303(l)(e) was intended to provide for . . . The pertinent amendments to section 718.303(l)(e) became effective January 1, 1992. . . .

CASA DEL MAR CONDOMINIUM ASSOCIATION, INC. v. E. RICHARTZ,, 641 So. 2d 470 (Fla. Dist. Ct. App. 1994)

. . . Section 718.303, Florida Statutes (1993), provides in part: (1) Each unit owner, each tenant and other . . . Id. § 718.303(1) (emphasis added). . . .

HORIZONS CONDOMINIUM MANAGEMENT ASSOCIATION, a v. SALVATO, 641 So. 2d 922 (Fla. Dist. Ct. App. 1994)

. . . reformation ordered by the court we also affirm the award of attorney fees, which was based on section 718.303 . . .

KAMHI, v. PINE ISLAND RIDGE CONDOMINIUM F ASSOCIATION, INC. a, 634 So. 2d 730 (Fla. Dist. Ct. App. 1994)

. . . Kahmi argues that the trial court erred in awarding Sylvia Bialer attorney’s fees pursuant to section 718.303 . . . complaint was dismissed with prejudice, the trial court granted Bialer attorney’s fees under section 718.303 . . . Section 718.303 provides in pertinent part: (1) Each unit owner ... and each association shall be governed . . . s action for intentional infliction of emotional distress does not fall within the ambit of section 718.303 . . . Therefore, Bialer was not entitled to fees under section 718.303. . . .

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)

. . . Section 718.303 quite clearly prohibits waiver of any provision of the condominium act by any unit owner . . . Section 718.303(2), Fla.Stat. . . . operation of their homes and property, something prohibited by the non-waiver provision of section 718.303 . . . agreements with full knowledge of the cancellation provisions of 718.302 and the anti-waiver provisions of 718.303 . . .

GREENWICH COLLIERIES, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS,, 990 F.2d 730 (3d Cir. 1993)

. . . . § 718.303-05 (1992). . . .

HERNSTADT v. BRICKELL BAY CLUB CONDOMINIUM ASSOCIATION, INC., 602 So. 2d 967 (Fla. Dist. Ct. App. 1992)

. . . This court awarded appéllate attorney’s fees to Brickell Bay pursuant to section 718.303, Florida Statutes . . .

VILLAGE OF KINGS CREEK CONDOMINIUM ASSOCIATION, INC. a v. GOLDBERG,, 596 So. 2d 1195 (Fla. Dist. Ct. App. 1992)

. . . party in this litigation and therefore was not entitled to an award of attorney’s fees under Section 718.303 . . .

GITTELMACHER v. ANTTILA,, 595 So. 2d 237 (Fla. Dist. Ct. App. 1992)

. . . action based upon negligence, violations of the declaration of condominium, and of sections 718.106 and 718.303 . . . Additionally, section 718.303(1), Florida Statutes (1991) provides: Each unit owner and each association . . . appellants are entitled to an award of attorney’s fees under the declaration of condominium and section 718.303 . . .

FREEMAN UNITED COAL MINING COMPANY, v. STONE, U. S., 957 F.2d 360 (7th Cir. 1992)

. . . Section 718.303(a)(1) creates a presumption that a miner with ten years of experience died due to CWP . . . held that Freeman Coal could not rebut the presumption of total disability due to CWP. 20 C.F.R. § 718.303 . . . before us is whether the AU acted properly in invoking the interim presumption of disability under § 718.303 . . . The overwhelming weight of the evidence, then, precludes invoking the § 718.303 presumption, as the claimant . . . Therefore the ALJ’s decision to invoke the § 718.303 presumption is not supported by substantial evidence . . .

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

. . . . § 718.303; 2) “a miner [who] was employed for fifteen years or more in one or more underground coal . . .

W. TURNER, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 927 F.2d 778 (4th Cir. 1991)

. . . . § 718.303. . . .

PARK LANE CONDOMINIUM ASSOCIATION, INC. v. DePADUA,, 558 So. 2d 85 (Fla. Dist. Ct. App. 1990)

. . . ”), appeals from an order denying its claim for attorneys’ fees as a prevailing party under Section 718.303 . . . Section 718.303(1), Florida Statutes (1987), provides in pertinent part: (1) Each unit owner and each . . .

LAKES OF EMERALD HILLS, v. E. SILVERMAN G., 558 So. 2d 442 (Fla. Dist. Ct. App. 1990)

. . . Neither the homeowners’ association bylaws, nor the statutes relied upon by appellant, sections 718.303 . . .

RAND, v. HALLMARK OF HOLLYWOOD CONDOMINIUM ASSOCIATION, INC., 555 So. 2d 1230 (Fla. Dist. Ct. App. 1989)

. . . jurisdiction does not preclude further consideration of a request for attorney’s fees under section 718.303 . . .

KLINE, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 877 F.2d 1175 (3d Cir. 1989)

. . . . § 718.303. There is no disagreement that, because Mr. . . . she was entitled to a presumption similar to that of 20 C.F.R. § 727.203(a) pursuant to 20 C.F.R. § 718.303 . . . Judge Halpern did not directly address petitioner's claim that 20 C.F.R. § 718.303 provided an independent . . . 727.203(a) is not rebutted, we need not address any additional basis for her claim under 20 C.F.R. § 718.303 . . .

THE HOLE AT INVERRARY ASSOCIATION, INC. v MARKS, 34 Fla. Supp. 2d 44 (Fla. Cir. Ct. 1989)

. . . The provisions of Florida Statute 718.303(1) mandate the award of attorney’s fees to the prevailing party . . .

MARX v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, BENEFITS REVIEW BOARD,, 870 F.2d 114 (3d Cir. 1989)

. . . . § 718.303 (1988). . . . Here, we deal not with § 410.462 but with 20 C.F.R. § 718.303. . . . Section 718.303, however, does not contain a provision similar to the limitation found in the second . . . We need not decide whether the explicit limitation in § 410.462 may fairly be read into § 718.303. . . . While we do not now decide whether the Director’s construction of § 718.303 is proper, on remand Mrs. . . .

B. McCLENDON T. J. v. DRUMMOND COAL COMPANY,, 861 F.2d 1512 (11th Cir. 1988)

. . . in finding that McClendon’s death was due to pneumoconiosis within the meaning of 20 C.F.R. section 718.303 . . . pneumoconiosis when he was employed in the mines for ten or more years and died of a respirable disease. § 718.303 . . . death or the extent to which the respirable disease contributed to the cause of death. 20 C.F.R. § 718.303 . . .

CORONADO CONDOMINIUM ASSOCIATION, INC. v. SCHER, 533 So. 2d 295 (Fla. Dist. Ct. App. 1988)

. . . assessed attorney’s fees in the appellees’ favor for the prosecution of the entire case under section 718.303 . . . AFFIRMED. . 718.303 Obligations of owners; waiver; levy of fine against unit by association.— (1) Each . . .

LAKESIDE MANOR CONDOMINIUM ASSOCIATION, INC. v. FOREHAND,, 513 So. 2d 1104 (Fla. Dist. Ct. App. 1987)

. . . other, and (3) awarded the unit owner attorney’s fees and costs as the prevailing party under section 718.303 . . . the unit owner is the prevailing party and entitled to her attorney’s fees and costs under section 718.303 . . .

BRICKELL BAY CLUB CONDOMINIUM ASSOCIATION, INC. v. HERNSTADT, 512 So. 2d 994 (Fla. Dist. Ct. App. 1987)

. . . A Declaration of Condominium is a requirement of section 718.303(1), Florida Statutes (1985), for the . . .

SEMINOLE COLONY, INC. v. STANKO, 501 So. 2d 195 (Fla. Dist. Ct. App. 1987)

. . . of the offer because it would have been the prevailing party, placing it within the scope of section 718.303 . . .

MARTIN v. KEY LARGO KAMPGROUND, INC. a, 501 So. 2d 648 (Fla. Dist. Ct. App. 1986)

. . . Kampground, was the prevailing party and, therefore, entitled to attorney’s fees pursuant to section 718.303 . . .

LAKE TIPPECANOE OWNERS ASSOCIATION, INC. v. HANAUER,, 494 So. 2d 226 (Fla. Dist. Ct. App. 1986)

. . . Hanauer prevailed in this litigation and was entitled to reasonable attorney’s fees pursuant to section 718.303 . . .

D. BURCH G. L. v. POLYNESIAN VILLAS CONDOMINIUM, INC. a, 491 So. 2d 1264 (Fla. Dist. Ct. App. 1986)

. . . Appellants were not entitled to such fees pursuant to section 718.303, Florida Statutes (1983), not because . . .

PEARLMAN v. LAKE DORA VILLAS MANAGEMENT, INC., 479 So. 2d 780 (Fla. Dist. Ct. App. 1985)

. . . challenge the trial court’s award to the Association of $24,500.00 for attorney fees pursuant to section 718.303 . . .

E. SIMMONS, v. SCHIMMEL, M. D., 476 So. 2d 1342 (Fla. Dist. Ct. App. 1985)

. . . reconveyed to the unit owner, the court upheld the fee award to the association pursuant to section 718.303 . . . Thereafter, the trial court awarded attorney’s fees to the association pursuant to section 718.303(1) . . . [emphasis added] § 718.303(1), Fla.Stat. (1979). . . . .

TOWERHOUSE CONDOMINIUM, INC. v. MILLMAN, 475 So. 2d 674 (Fla. 1985)

. . . Both parties have petitioned for attorneys’ fees pursuant to section 718.303(1), Florida Statutes (1977 . . .

CONSTELLATION CONDOMINIUM ASSOCIATION, INC. a v. J. HARRINGTON, J., 467 So. 2d 378 (Fla. Dist. Ct. App. 1985)

. . . present testimony on entitlement to and amount of attorneys’ fees under the Condominium Act, section 718.303 . . .

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

. . . applicable here, it is interesting to note that Chapter 84-368, Laws of Florida, 1984, creates section 718.303 . . .

ISLAND WAY CONDOMINIUM ASSOCIATION, INC. a v. J. WILLIAMS E., 458 So. 2d 364 (Fla. Dist. Ct. App. 1984)

. . . asserts that it is entitled to attorney’s fees as the prevailing party pursuant to sections 57.105 and 718.303 . . . In Dolphin Towers we examined the term “prevailing party” in the context of section 718.303(1), Florida . . . The association should be reimbursed for its attorney’s fees under section 718.303 and the declaration . . .

ASBURY ARMS DEVELOPMENT CORPORATION, d b a II, v. FLORIDA DEPARTMENT OF BUSINESS REGULATIONS, DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS,, 456 So. 2d 1291 (Fla. Dist. Ct. App. 1984)

. . . finding that the waiver of the fifteen-day right to void was against public policy and that section 718.303 . . . Section 718.303(2), Florida Statutes (1983), provides: (2) A provision of this chapter may not be waived . . .

HOCHMAN, v. DUTCH,, 451 So. 2d 1008 (Fla. Dist. Ct. App. 1984)

. . . Sec. 718.303(1), Fla.Stat. (1983); Kirou v. . . .

B. SCHMECK G. v. SEA OATS CONDOMINIUM ASSOCIATION, INC. a, 441 So. 2d 1092 (Fla. Dist. Ct. App. 1983)

. . . . § 718.303(1), Fla.Stat. (1981). . . . .

SCUTIERI, v. SUNRISE POINT CONDOMINIUM ASSOCIATION, INC. a, 441 So. 2d 670 (Fla. Dist. Ct. App. 1983)

. . . . §§ 57.041, 718.116(4)(a), 718.303(1), Fla.Stat. (1981). . . .

ANGORA ENTERPRISES, INC. v. COLE KOSOW, v. COLE, 439 So. 2d 832 (Fla. 1983)

. . . Pursuant to section 718.303(1), Florida Statutes (1981) and the terms of the lease, the respondents as . . .

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

. . . Apparently, the court refused to award attorney’s fees on the premise that section 718.303, Florida Statutes . . .

OLYMPIAN WEST CONDOMINIUM ASSOCIATION, INC. v. B. KRAMER,, 427 So. 2d 1039 (Fla. Dist. Ct. App. 1983)

. . . See Section 718.303(1)(c), Florida Statutes (1981). . . .

TURNBERRY TOWERS CORP. v. MECHOULAM,, 425 So. 2d 1180 (Fla. Dist. Ct. App. 1983)

. . . , Inc., 410 So.2d 573 (Fla. 3d DCA 1982), in interpreting an indistinguishably analogous statute [§ 718.303 . . .

WIMBLEDON TOWNHOUSE CONDOMINIUM I ASSOCIATION, INC. v. KESSLER, 425 So. 2d 29 (Fla. Dist. Ct. App. 1982)

. . . of the offer because it would have been the prevailing party, placing it within the scope of section 718.303 . . .

T. RAINES, v. PALM BEACH LEISUREVILLE COMMUNITY ASSOCIATION, INC., 413 So. 2d 30 (Fla. 1982)

. . . that the respondent association is not an association within the meaning of sections 718.103(2) and 718.303 . . .

L. DEL VALLE, v. BILTMORE II CONDOMINIUM ASSOCIATION, INC. a, 411 So. 2d 1356 (Fla. Dist. Ct. App. 1982)

. . . Thereafter, the trial court awarded attorney’s fees and costs pursuant to Section 718.303(1), Florida . . .

PACHECO v. LINCOLN PALACE CONDOMINIUM, INC., 410 So. 2d 573 (Fla. Dist. Ct. App. 1982)

. . . . § 718.303(1), Fla.Stat. See Saul v. . . .