Florida/Georgia Personal Injury & Workers Compensation

instruments by which a condominium is created. § 718.103(15), Fla. Stat. (2012). “The declaration, which

...In light of the foregoing precedents and policy reasons, we reverse and remand for further proceedings consistent herewith. REVERSED AND REMANDED. DOWNEY and DELL, JJ., concur. NOTES [1] The term "developer" as used in appellant's pleadings is substantially the same as the definition given in section 718.103(13), Florida Statutes (1977)....

...um, located in Broward County, Florida, by virtue of having created and/or sold units in the ordinary course of their business, or in the alternative, BANKERS TRUST is liable for the acts of its subsidiary, REALPROP, as Developer of the Condominium. Section 718.103(13), Florida Statutes (1977), defines developer as: a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary course of business, but does not include an owner or lessee of a unit who has acquired his unit for his own occupancy....

...Therefore, that court reasoned, the purchase was valid but the assessments were not enforceable against respondents. To reach this conclusion, the lower court had to ignore the central fact giving rise to this dispute: the land purchased was not condominium property within the meaning of Section 718.103(11), Florida Statutes (1977). [6] Therefore, the land cannot be an appurtenance of the "condominium parcel" as defined by section 718.103(10), Florida Statutes (1977) [7] or by the TowerHouse Declaration of Condominium, [8] inasmuch as only "condominium property" can be appurtenant....

...Stat., provides for condominiums, a form of real property ownership which is comprised of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements of the condominium. See § 718.103(10), Fla....

...by its Articles of Incorporation and By-Laws. Copies of such regulations and amendments shall be furnished by the Association to all unit owners and residents of the condominium upon request. [Emphasis added.] "Condominium property" is described in Section 718.103(11), Florida Statutes (1981), as follows: "Condominium property" means the lands, leaseholds, and personal property that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements...

...Mead, 638 So.2d at 964. Because the judgments were incurred from the litigation attributable to the unauthorized purchase of the property, the district court determined that these expenses were not "properly incurred by the association for the condominium." Id. (quoting § 718.103(8), Fla....

...A judgment against an association renders the property of the association subject to execution and levy. In the condominium form of ownership, protection of the common elements is vital. Each unit owner owns a proportionate undivided share of the common elements appurtenant to the unit. § 718.103(10), (24), Fla....

...The judgments and other expenses incurred by the Association in defending the purchase of the adjoining property are directly attributable to what was determined to be an unauthorized act and, therefore, cannot be considered expenses "properly incurred by the association for the condominium." § 718.103(7), Fla....

...Thus, I cannot agree that expenses so incurred are common expenses that the Association could defray by assessment. I believe the Condominium Act supports this conclusion. It is clear that the Association is authorized to impose assessments on unit owners for the payment of "common expenses." § 718.103(1), .111(4), .115(2) Fla....

...Towerhouse Condominium, Inc. v. Millman, 475 So.2d 674, 676 (Fla. 1985); Rothenberg v. Plymouth No. 5 Condo. Ass'n, 511 So.2d 651, 651 (Fla. 4th DCA), review denied, 518 So.2d 1277 (1987); § 718.111(2), Fla. Stat. (1987). As noted by the district court, section 718.103(7), defines "common expenses" as "all expenses and assessments which are properly incurred by the association for the condominium." (Emphasis added). Thus, reading section 718.115(1) in pari materia with section 718.103(7), an expense designated as a "common expense" in the condominium documents must be "properly incurred by the Association for the condominium" before the expense can be considered a "common expense" for assessment purposes....

...t to fund the litigation, as long as there has not been a determination that the challenged act is unauthorized. Until such determination, expenses incurred defending the challenged act are "properly incurred by the association for the condominium." § 718.103(8), Fla....

...However, I agree with the majority that that portion of the decision below disapproving the insurance settlement and disbursement of those proceeds must be quashed because those matters were within the discretion of the Association's officers and board of directors and did not require court approval. NOTES [1] Formerly section 718.103(7), Florida Statutes (1987)....

...y provided and services outlined in the condominium documents. See § 718.115(1)(a), Fla. Stat. (Supp. 1988). The definition of a common expense is all expenses and assessments which are properly incurred by the associations for the condominium. See § 718.103(8), Fla....

...f the single unit owner. Hence, the practical effect of the "one-rider rule" is to invalidly convert the transportation system from a common expense benefiting every unit owner into a limited common expense benefiting only the single unit owner. See § 718.103(17), Fla....

...precluding Carlandia from joining the condominium association or the other unit members to maintain the action. The Fourth District reversed, holding that Carlandia had standing to sue. The court reasoned that pursuant to the definitions in sections 718.103(10) & (11), Florida Statutes (1991), condominium unit owners own an undivided share in the common elements and therefore must be real parties in interest under Florida Rule of Civil Procedure 1.210(a)....

...sociation. Carlandia Corp., 605 So.2d at 1015. The condominium is a hybrid estate in property law whereby an individual obtains fee simple ownership of a unit and shares with other unit owners an undivided interest in the common elements. See, e.g., § 718.103, Fla....

..."Condominium property" is defined as "the lands, leaseholds, and personal property that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium." § 718.103(13), Fla. Stat. (2003). A "Unit" is defined as "a part of the condominium property which is subject to exclusive ownership." Id. § 718.103(27). "Common elements" are defined as "the portions of the condominium property not included in the units." Id. § 718.103(8)....

...hip of real estate ... capable of being separately conveyed and assessed." We affirm. The development in question involves an eleven-story building containing seventy-two units, converted in 1980 to a condominium authorizing time-sharing pursuant to section 718.103(19), Florida Statutes (1983)....

...NG EACH PROPERTY OWNER IN THE DEVELOPMENT TO THE BENEFITS AND PROTECTIONS THEREOF? We decline to answer the question as framed and dispose of this case by affirming that the respondent association is not an association within the meaning of sections 718.103(2) and 718.303(1), Florida Statutes (1979)....

...The respondent association derives its powers from its articles of incorporation and from the declarations of restrictions governing both the condominium apartments and the single-family lots. Although the association has broad powers, it is not "the corporate entity responsible for the operation of a condominium." § 718.103(2)....

...How the broker determined that Jablonka owned space 26 rather than 28 is unclear. However, the parties do not complain or address this issue. [2] It appears the condominium documents were executed before the enactment of Chapter 718, Florida Statutes (Supp. 1976), so the statutory definition "limited common elements," § 718.103(14), does not apply....

...t unit shall pay all the maintenance on the 1-55 parking lots. These paragraphs are surplusage and should be stricken. The Florida Condominium Law is a comprehensive complex statute, intended to create and delineate a new form of property ownership. Section 718.103(14), Florida Statutes (1979) defines "limited common elements" as "those common elements which are reserved for the use of a certain condominium unit or units, to the exclusion of other units as specified in the declaration of condomi...

...minium ownership. A condominium is defined as "that form of ownership of real property ... which is comprised of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements." § 718.103(10), Fla. Stat. (1993). "Common elements" are defined as "portions of the condominium property which are not included in the units." § 718.103(7), Fla. Stat. (1993). Furthermore, "limited common elements" are "those common elements which are reserved for the use of a certain condominium unit or units to the exclusion of other units, as specified in the declaration of condominium." § 718.103(17), Fla....

...ing units to which they were assigned by referring to the garage units as limited common elements designated for the exclusive use to the individual unit owner. Furthermore, the garage units meet the definition of limited common elements provided in section 718.103(13) in that they are common elements reserved for the use of certain unit owners to the exclusion of others....

...18's declaration of condominium was recorded after the effective date of § 718.401(8) is the critical factor which distinguishes this case from those cited by appellant. A declaration of condominium is "the instrument or instruments by which a condominium is created... ." Section 718.103(12)....

...Millman, 475 So.2d 674 *652 (Fla. 1985); and Section 718.111(4), Florida Statues (1983). According to the Condominium Act, a condominium unit owner may only be assessed for common expenses which are properly incurred by the association for the condominium. Section 718.103(7), Florida Statutes (1983)....

...the use and benefit of unit owners of all phases in Jungle Den Villas, and is, in substance and equity, an "appurtenance to the condominium" and the same as a "common element" of each individual condominium association as those words are defined in section 718.103(6), Florida Statutes....

...Palm Beach Leisureville Community Association Inc., 413 So.2d 30 (Fla. 1982), and Department of Business Regulation, Division of Land Sales v. Siegel, 479 So.2d 112 (Fla. 1985), are distinguishable. In Raines, the supreme court held that a community association was not a condominium association as defined in section 718.103(2) because the community association governed single family homes as well as condominium properties....

...Accordingly, the appealed final judgment of declaratory relief entered in favor of appellant recreation association is reversed and the cause remanded for proceedings consistent with this opinion. REVERSED. ORFINGER and COBB, JJ., concur. NOTES [1] Under section 718.103(2), Florida Statutes, "Association" is defined to mean the corporate entity which is responsible for the operation of a condominium....

...[4] The ties between the various Jungle Den Villas Condominium Associations and the recreational association are so pervasive and binding that we find the property owned by the recreational association to be condominium property as envisioned by the legislature when it enacted section 718.103(11), Florida Statutes (1985)....

...ociation governed by the provisions of the Condominium Act, thereby enabling the unit owners to elect no less than one-third of the membership of the homeowners' association board of directors pursuant to section 718.301(1), Florida Statutes (1983). Section 718.103(2) defines an association for purposes of that chapter as "the corporate entity responsible for the operation of a condominium." Under section 718.103(15), the operation of the condominium is defined to include "the administration and management of the condominium property." At the time this action was instituted, four condominium buildings existed in the Quayside development, and two parcels remained undeveloped....

...In rejecting Siegel's argument, the Division relied on this Court's decision in Raines, in which we held that a community association that governs condominium properties as well as single family homes is not "the corporate entity responsible for the operation of a condominium," 413 So.2d at 32 (quoting § 718.103(2), Fla....

...Significantly, it also has the power to approve or disapprove of all transfers of title. The plaintiffs insist that the investment of these powers and duties in the Association bring it within the definition of "association" as used in Chapter 718, Florida Statutes (1979). Section 718.103(2), Florida Statutes (1979) defines association as "the corporate entity responsible for the operation of a condominium." Thus, the plaintiffs contend that since the Association was primarily responsible for the maintenance, repair, and regulation of virtually all of the property in the Leisureville development, it necessarily follows that the Association was an "association" within the meaning of Section 718.303(1). However, Section 718.103(9), Florida Statutes (1979) defines "condominium" as: (9) "Condominium" means that form of ownership of real property which is created pursuant to the provisions of this chapter and which is comprised of units that may be owned by one...

...ominium way of life when they purchased their homes. We therefore hold that the improved lot owners did not take title to their property as "condominium" unit owners, and thus, the appellant Association was not an "association" within the meaning of Section 718.103(2) and Section 718.303(1)....

...In Palm Greens the Division held that a master association created pursuant to a Declaration of Condominium, in a community comprised solely of condominiums, for the purpose of coordinating and operating all sub-associations and maintaining recreational lands and facilities, was an association as that term is defined by Section 718.103(2), Florida Statutes (1983)....

...nd requirements of Chapter 718." The Division counters that although a constituency test may be employed, as it was in Raines, to defeat condominium association status, it does not confer such status. The litmus test, they argue, relying on Sections 718.103 [5] and 718.111, [6] is not a constituency test but a function test, i.e., whether the entity operates a condominium or has sufficient powers that constitute condominium operation....

...Each of the 21 apartment buildings had its own condominium association, while a community (master) association *418 provided maintenance management for the entire community. The issue presented was whether the community association was an "association" within the meaning of Sections 718.103(2) and 718.303(1) so as to be liable for attorney's fees under the latter section....

...ld be unfair to require the improved lot owners to pay a pro rata share of the attorney's fees assessed under a provision of the condominium statute. Raines, 398 So.2d at 474. The court further held that the only "associations" within the meaning of Section 718.103(2) were the twenty-one individual condominium associations which had the primary responsibility of operating the individual condominium buildings....

...erty, or more precisely whether the irrevocable rights and obligations of unit owners which flow from the Declaration of Condominium, to use and pay for the common properties, amount to condominium rights. On this point we look first to the statute. Section 718.103(11) defines as condominium property: ......

...itted to condominium ownership. Applying, appropriately, both the constituency test advanced by appellant, and the function test embraced by appellees, we conclude that the Homeowners' Association is a condominium "association" within the meaning of Section 718.103(2), subject to ultimate control by unit owners in accordance with Section 718.301....

...d condominiums on the two remaining undeveloped sites, other non-condominium development would be possible. We reject this argument since we are dealing only with the present form of residential development which is limited to condominium units. [5] Section 718.103(2), (9), and (11) contain the following pertinent definitions: (2) "Association" means the corporate entity responsible for the operation of a condominium....

...or nonexercise of its powers. For these purposes, the powers of the association include, but are not limited to, the maintenance, management, and operation of the condominium property. [7] Operation of a condominium is defined without limitation in Section 718.103(15) as "the administration and management of the condominium property....

...the condominium property which is to be subject to private ownership. A unit may be in improvements, land, or land and improvements together, as specified in the Declaration of Condominium. (emphasis added). 12. § 711.03(15) has been recodified as § 718.103(16), and is an identical definition as that under § 711.03(15)....

...B & H Construction Co., 358 So.2d 614 (Fla. 1st DCA 1978). We therefore affirm that portion of the judgment so holding. In reaching this decision we also hold that the underground system, together with the connections and installations within the walls, are not common elements. Section 718.103(6), Florida Statutes (1983), defines common elements to mean the portions of the condominium property not included in the units. Condominium property is defined by Section 718.103(11), Florida Statutes (1983), to mean the lands, leaseholds, and personal property that are subjected to condominium ownership....

were not “residential condominiums” governed by § 718.103(28) but instead, the project was a “commercial

...ty vote of the association or unless the charges relate to expenses incurred by an owner having exclusive use of the common elements or association property. We reject Rosso's contention that this section applies only to limited common elements. See § 718.103(16), Fla....

...However, the Department fails to consider the definition of "unit" contained in the Condominium Act. It appears from the final order that the Department erroneously concluded that RIS had to specifically exempt raw land from its definition of unit, whereas section 718.103(24), Florida Statutes (1995), actually provides as follows: "Unit" means a part of the condominium property which is subject to exclusive ownership....

...t at the time the declaration of condominium was recorded. Id. at 36. In affirming the circuit court, this court adopted the order of the trial court which noted the definition of unit in section 711.03(15), which is the same definition contained in 718.103(24), at bar....

...al. To state it as simply and directly as we can, an association's power to impose assessments on unit owners for common expenses is limited to authorized expenses, and does not extend, as is the case here, to unauthorized acts by the directors. See § 718.103(8), Fla....

...te of Florida, Division of Florida Land Sales, Condominiums and Mobile Homes (Division). Appellants raise the following issues for our review: (1) Whether the Division's declaratory statement should be rejected because its interpretation of sections 718.103 and 718.301, Florida Statutes, yields an absurd result; (2) whether the Division's declaratory statement should be rejected because its interpretation of sections 718.103 and 718.301, Florida Statutes, violates the privileges and immunities clause of the United States Constitution; and, (3) whether the Division incorrectly overruled the legal conclusions of the hearing officer with respect to control of the condominium association....

...On August 13, 1984, appellee, Arnold Belkin (who is a unit owner) filed a petition for declaratory statement with the Division. Belkin requested the Division to issue a declaratory statement, 1) declaring the appellants (ten limited partnerships) to be developers within the definition of section 718.103(14), Florida Statutes (1985), [1] and 2) ordering appellants as developers to turn over control of the board of administration of the condominium association pursuant to section 718.301, Florida Statutes (1985)....

...Further, the ten limited partnerships have no business venture or income-producing activities other than attempting to lease their units. The hearing officer determined these entities were developers within the meaning of the definition provided by section 718.103(14), Florida Statutes, which defines developer as one who, inter alia, offers condominium parcels for lease in the ordinary course of business....

...rd result of an owner or lessor losing his eligibility to vote for a majority of the board "regardless of whether he owns one unit or 500." Instead we agree with the Division's argument that the limited partnerships here are developers as defined in section 718.103(14), Florida Statutes....

...Applying the Division's interpretation of the pertinent statutes to the facts before us, we find no clear error or conflict with legislative intent, and therefore, affirm the Division's declaratory order. SMITH, C.J., and WENTWORTH, J., concur. NOTES [1] In pertinent part Section 718.103(14) Florida Statutes (1985) provides: (14) "Developer" means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary course of business, but does not include an owner or lessee of a condomini...

...property law completely subject to the Legislature's control and regulation. A condominium owner obtains title to a unit, together with an undivided share in common elements, i.e., all portions of the condominium property not included in the units. § 718.103(8), (11), Fla....

...claim presented by the plaintiffs here. As indicated above, this action was brought by both the Bellinis and Rocabe. We agree with appellants, that Rocabe, Inc., as the holder of legal title to the condominium, is the unit owner entitled to damages. § 718.103(28), Fla....

instruments by which a condominium is created. § 718.103(15), Fla. Stat. (2012). ‘The declaration, which

...le or lease to the public as part of the plan of conversion. A state, county, or municipal entity is not a developer for any purposes under this act when it is acting as a lessor and not otherwise named as a developer in the association." Fla. Stat. § 718.103(16)....

...such time as the Debtor conveys the individual units and the undivided share in the common elements appurtenant to them. The graphical depiction is the only item in the declaration which identifies the units and sets them apart from the common area. Section 718.103(24) defines "Unit" as a part of the condominium property which is subject to exclusive ownership....

portions of the Declaration of Condominium. Section 718.103(8), Florida Statutes (2009), defines “common

...nium act in effect in 1981. Under that act, a "unit" is defined as "a part of the condominium property which is subject to exclusive ownership. A unit may be in improvements, land, or land and improvements together, as specified in the declaration." § 718.103(16), Fla....

...ndividual condominium units to an original condominium developer of a large condominium project. In lieu of foreclosure the loan association took deeds from the developer on eleven units and sold one unit to one buyer and ten units to another buyer. Section 718.103(13), Florida Statutes, provides in relevant part: "Developer" means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary course of business, but does not include an owner or lessee ......

...The hearing officer agreed with the Division and recommended a civil penalty of $2,500, which the Department imposed. The loan association appeals. We first note that statutes imposing a penalty, even a civil penalty, must be strictly construed. Next we note that the statutory definition (§ 718.103(13), Fla....

...Stat.) on which the Division relies to designate appellant savings association as a "developer" does not describe a person who contracts or sells a condominium parcel but only a person who " offers condominium parcels for sale or lease in the ordinary course of business." The statutory definitions in section 718.103 fail to define "offer" and the Department of Business Regulation *496 has supplied that omission by promulgating rule 7D-17.01(1) which provides "Offer" means any advertisement, inducement, solicitation, or attempt to encourage any pe...

...Accordingly, the stipulated facts do not support the conclusion that the loan association became a developer by "offering" the condominium units for sale. Even if the loan association had "offered" these eleven units for sale, it still cannot be considered a developer as defined in section 718.103(13) because of that statute's requirement that the offers occur "in the ordinary course" of the offeror's business....

...Under the stipulated facts in this record, this was a failed loan and salvage operation. If this were "ordinary" for a mortgagee, it would not long continue in the lending business. In addition we note the language of Rule 7D-17.01(1), which defines "offer" as an element of section 718.103(13), contains language which suggests lenders or mortgagees are not generally contemplated as "developers" under chapter 718....

...eet the requirements of the Division with respect to the contract documents and the prospectus or filing circular described in §§ 718.503 and 718.504. The position of the Division that all persons who fit the definition of "developer" contained in 718.103(13), Florida Statutes, must in every case file under 718.502, Florida Statutes, cannot be sustained....

meets the definition of “association” found in section 718.103(2), Florida Statutes. Otherwise, the master

responsible for the operation of a condominium.” § 718.103(2), Fla. Stat. (1981). In 1991, the legislature

...m association); Sterling Condominium Ass'n, Inc. v. Herrera, 690 So.2d 703 (Fla. 3d DCA 1997) (refers to the parties in section 718.1255 as the unit owner and the association). A unit owner is "a record owner of legal title to a condominium parcel." § 718.103(25), Fla....

...A "condominium" is a form of ownership of real property created by the Florida Condominium Act, and "is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements." FLA. STAT. § 718.103(11). A condominium "unit" is the "part of the condominium property which is subject to exclusive ownership." FLA. STAT. § 718.103(27). "Common elements" are "the portions of the condominium property not included in the units." FLA. STAT. § 718.103(8)....

...ts in the condominium declaration. FLA STAT. § 718.108. "Limited common elements" are "those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units, as specified in the declaration." FLA. STAT. § 718.103(19)....

condominium ownership, whether or not contiguous.” § 718.103(13), Fla. Stat. (emphasis added). See also Beach

“purchaser” within its definitional Section 718.103. However, under Section 718.103(14) “ ‘[djeveloper’ means a

inconsistent with either the Declaration or the Act. See § 718.103(19), Fla. Stat. (“‘Limited common elements’ means

the common elements appurtenant to the unit.” § 718.103(12), Fla. Stat. The common elements of a condominium

...d `building' component set out at ¶ B.1.h of the policy endorsement at issue." 2008 WL 4097663, at *7. In making this determination Judge Hurley construed the Mayfair declaration in conjunction with the definition of "condominium property" found in section 718.103(13), Florida Statutes....

...[10] As noted above in section III.D.ii.1, the record is bare as location in this important regard. [11] This statute has in pertinent part remained unchanged since the applicable 2003 policy endorsement became part of the policy. See Amendment Notes to § 718.103, Fla....

thus constitute condominium property under section 718.103(13), Florida Statutes, the lack of any indicia

...5th DCA 1998), review denied, 727 So.2d 903 (Fla.1998), is not subject to the nonbinding arbitration provisions of section 718.1255, Florida Statutes (1999). We agree. [1] § 718.1255(1), Fla. Stat. (1999)("`Dispute' does not include any disagreement that primarily involves: title to any unit or common element...."); § 718.103(19), Fla....

under the circumstances sub judice. Under section 718.103(10), Florida Statutes (1991), the word “condominium”

§ 718.303(1), Fla. Stat. (2015). Finally, section 718.103(28), Florida Statutes (2015), defines a “unit

definition of a “special assessment” in both section 718.103(24), Florida Statutes (defining “special assessment”

102, Fla. Stat. 4 Section 718.103(11), Fla. Stat. (1998 Supp.). 5 Section 718.103(13), Fla. Stat. (1998

were actually condominiums. See § 718.103(11), Fla. Stat. (2012). This may account for the

condominium property not included in the units.” § 718.103(9), Fla. Stat. (2021).

encumbered except together with the unit.”); § 718.103(19), Fla. Stat. (defining “limited common elements”

an association as that term is defined by Section 718.103(2), Florida Statutes (1983). Although the declaration

unit, an undivided share in common elements.” § 718.103(12), Fla. Stat. The Condo Declaration also made

Bill McCollum Attorney General BM/tals 1 Section 718.103(8), Fla. Stat. 2 Section 718.108(2), Fla. Stat

...assessment for repairs ... must be put to a vote of the Unit Owners." (Doc. 1-5 at 36) This conclusion is wholly erroneous and unsupportable. No mention of "special" assessment occurs in the Declaration or By-Laws. The bankruptcy court asserted that Section 718.103, Florida Statutes, requires that a "special" assessment "be accompanied by a notice which sets forth the specific purpose or purposes of [the] special assessment." (Doc....

...on caselaw involving condominiums. However, the Florida statutory scheme regarding ownership of common elements in a condominium is significantly different from the statutory scheme regulating the ownership of common areas in a homeowners’ association. Section 718.103(11), Florida Statutes (2009), expressly defines “condominium” to mean “that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and...

encumbered except together with the unit.”); § 718.103(19), Fla. Stat. (defining “limited common elements”

an individual condominium unit, pursuant to section 718.103(19), Florida Statutes (2005), the unit owner

constitute “regular periodic assessments.” Section 718.103(1) defines “assessment” to mean “a share of

system, is limited to residential condominiums. Section 718.103(23), Florida Statutes, defines a residential

Eastwood Shores is a residential community. Section 718.103, the definitions section of Florida's

...*699 The only cash referred to by the Lease upon which the Lessor relies is common surplus and "rents, issues and profits." "`Common surplus' means the amount of all receipts or revenues, including assessments, rents, or profits, collected by a condominium association which exceeds common expenses." Fla. Stat. § 718.103(10) (renumbered from Fla....

...NOTES [1] The following constitute my findings of fact and conclusions of law pursuant to Fed. R.Civ.P. 52 made applicable to this contested matter pursuant to Fed. R. Bankr.P. 7052 and Fed. R. Bankr.P. 9014. [2] A condominium is a form of ownership of real property comprised entirely of units and common elements. Fla. Stat. § 718.103(11). The units are the portions subject to exclusive ownership. Fla. Stat. § 718.103(27). The common elements are the portions of the real property not included in the units. Fla. Stat. § 718.103(8)....

...___." [4] A condominium association is authorized by statute to make and collect assessments. Fla. Stat. § 718.111(4). An assessment is "a share of the funds which are required for the payment of common expenses, which from time to time is assessed against the unit owner." Fla. Stat. § 718.103(1). A special assessment is "any assessment levied against a unit owner other than the assessment required by a budget adopted annually." Fla. Stat. § 718.103(24)....

other units, as specified in the declaration.” § 718.103(19), Fla. Stat. (2020) (emphasis added).

lease in the ordinary course of business .... ” § 718.103(16), Fla. Stat. Because WB had been created for

unit, an undivided share in common elements.” § 718.103(11), Fla. Stat. (2022) (emphasis added). 3 A “‘[u]nit’

similar to COOCVE is not an “association” under section 718.103(2), Florida Statutes (1987). Raines v. Palm

that he was a developer within the meaning of Section 718.103(13), Florida Statutes (1980 Supp.). Therefore

...ned legislative intent. The condominium documents clearly impose liability for the assessments on appellant, and appellant's personal liability, not the right to or the priority of liens as security for such assessments, is the only issue before us. Section 718.103(24) defining "unit owner" as the "owner of a condominium parcel" is less than helpful....

...Once again, Blinn demanded the removal of the smart meters and equipment but was refused. 1 At some point in time, there was a dispute as to whether the properties in West Shore Villas were actually condominiums. See § 718.103(11), Fla....

definition section of Florida’s Condominium Laws. Section 718.103(13), Florida Statutes (1979) which defines

unit owner against . . . [t]he association.”); § 718.103(32), Fla. Stat. (“‘Unit owner’ or ‘owner of a

or lease in the ordinary course of business.” § 718.103(16). Selling or leasing in the ordinary course

“fee” in the statutory definitions section, section 718.103, and find no reason why “fee” cannot apply

condominium authorizing time-sharing pursuant to section 718.103(19), Florida Statutes (1983). Not all of the

unit for his own occupancy) is a developer. Section 718.103(6), (9), (10), (12), (13), and (16). A condominium