Florida/Georgia Personal Injury & Workers Compensation

...cels of real property pursuant to a general plan. See Bank of South Jacksonville v. Cammar, 89 Fla. 296, 103 So. 827 (1925); Lawyers Title Guaranty Fund v. Milgo Electronics, 318 So.2d 416 (Fla. 3d DCA 1975), cert. denied, 336 So.2d 602 (Fla. 1976); § 718.104(7), Fla....

...1983) (stating that reformation of condominium declaration is available in a proper case). [2] The statute makes no reference to any procedure to be followed in Tallahassee. Amendments to declarations, like original filings thereof, are made by recording in the public records of the county where the land is located. §§ 718.104(2), 718.110(3), Fla....

...In Florida, Chapter 718, Florida Statutes, known as Florida's "Condominium Act," gives statutory recognition to the condominium form of ownership of real property and establishes a detailed scheme for the creation, sale, and operation of condominiums. Pursuant to section 718.104(2), a condominium is created by recording a declaration of condominium in the public records of the county where the land is located. See § 718.104(2), Fla....

...d that "increased controls and limitations upon the rights of unit owners to transfer their property are necessary concomitants of condominium living." Aquarian Foundation, Inc. v. Sholom House, Inc., 448 So.2d 1166, 1167 (Fla. 3d DCA 1984). Indeed, section 718.104(5), Florida Statutes (2000), expressly recognizes that a declaration of condominium may contain restrictions concerning the use, occupancy, and transfer of units. See § 718.104(5), Fla....

...ludes "the sale or lease of any improved land on which there is a residential, commercial, condominium, or industrial building... ." The contracts between the developers and appellees obligate appellants to convey a completed condominium unit. Also, section 718.104(4)(e), Florida Statutes (1983), requires a condominium to be substantially completed prior to conveyance....

...The trial court granted summary judgment in The Grand's favor, holding that the retroactivity provision was unconstitutional under article I, section 10 of the Florida Constitution, and the Third District affirmed. In Florida, a condominium regime may be created only under chapter 718, the Condominium Act. § 718.104, Fla. Stat. (1985). A condominium is established by recording a declaration of condominium, which is the document that governs the condominium and is binding on all unit owners. See § 718.104(2)-(7), Fla....

...Accordingly, the trial court concluded, and we agree, that the judgments were a common expense for which the Association had the authority to impose an assessment. *7 Every condominium in Florida is created pursuant to chapter 718, Florida Statutes. § 718.104, Fla. Stat. (1987). [2] A condominium is created by recording a declaration of condominium in the public records of the county where the condominium is to be located. § 718.104(2), Fla....

...The appellant's point on appeal is that the invalidity of the clause lies not in its potential for unfair application, but rather in the fact that it is an unreasonable restraint on alienation. [2] The principle that the use of condominium property can be burdened with restrictions has received legislative sanction. See § 718.104(5), Fla....

...phases, the Developer shall cause a surveyor, authorized *104 to practice in the State of Florida, to prepare a survey of the phase or phases to be added, and certify said survey as required by, and pursuant to, the applicasble provisions of Chapter 718.104(4)(e), Florida Statutes....

...it noted that the construction of the condominium was not substantially completed and that upon substantial completion of each phase, a certificate of a registered land surveyor would be recorded as an amendment to the declaration in accordance with section 718.104(4)(e), Florida Statutes....

...Therefore, the provisions of the declaration must conform to the statutory requirements, and to the extent that they conflict therewith, the statute must prevail. Indeed, the declaration itself provides that it is subject to the existing condominium law. Section 718.104(2), Florida Statutes (1979), states: "A condominium is created by recording a declaration in the public records of the county where the land is located, executed and acknowledged with the requirements for a deed." It is the recording of the declaration in the public records that subjects the property to condominium ownership. Indeed, section 718.104(7), Florida Statutes (1979) states: "All provisions of the declaration are enforceable equitable servitudes, run with the land, and are effective until the condominium is terminated." (emphasis supplied) One requirement of a declaration of condominium is that it contain a certificate of substantial completion of improvements. § 718.104(4)(e), Fla. Stat. (1979). However, where the property is subject to condominium ownership prior to substantial completion of the construction, the developer may submit the required surveyor's certificate by amendment to the declaration. See §§ 718.104(4)(e) and 718.105, Fla....

...condition precedent to the creation of the condominium if it can be submitted at a later date. Prior to 1978, the statute did require the surveyor's certificate to be filed "in order to have a validly created condominium for conveyancing purposes." § 718.104(4)(e), Fla....

...the public records of the county where the declaration is recorded." § 718.110(3), Fla. Stat. (1979). Thus, property submitted to condominium ownership by amendment becomes subject to the declaration upon recording of the amendment by operation of section 718.104(2)....

...While the developer is not required to add the phase until the completion of improvements, once the property is added it becomes subject to the condominium and should be treated like any other condominium where construction is not substantially complete when the property is submitted to the condominium form of ownership. See § 718.104(4)(e), Fla....

...Division of Florida Land Sales, Condominiums, and Mobile Homes). We also read the amendment as a clarification consistent with the statutes and not as a change in its intent. Our construction brings section 718.403 into express harmony with sections 718.104(2) and 718.110(3)....

...It provides, for example, that no sale may be effectuated without approval; NO MINORS MAY BE PERMANENT RESIDENTS; no pets are allowed." (emphasis, supplied) at page 181. Likewise the Second District has suggested that age restrictions are not unreasonable and perhaps even enforceable by Statute under Section 718.104(5), Fla....

...However, we hold that a court of equity is without power to reform an instrument because of a draftsman's mistake where the instrument, as reformed, would conflict in a material way with provisions of a controlling statute. In this case, paragraph VIII of the Declaration, as reformed, materially conflicts with sections 718.104(4), 718.115(2), and 718.116(8), Florida Statutes (1977). Every condominium declaration in Florida is subject to these provisions. See § 718.102, Fla. Stat. (1977). Section 718.104(4) states in relevant part: 718.104 Creation of condominiums; contents of declaration....

...(Emphasis added) As mentioned previously, paragraph VII of the Declaration provided that the undivided fractional shares in the common elements appurtenant to Units 408 and 409 were, respectively, 1.0416 and 1.0417. As reformed, paragraph VIII conflicts with sections 718.104(4)(g) and 718.115(2) because the manner of sharing common expenses is no longer the same as the undivided shares in the common elements....

...ds of Collier County, Florida, at the expense of the purchaser." [3] § 711.01 et seq., Fla. Stat. (1963). [4] § 711.08(2), Fla. Stat. (1963). The allowance of reasonable restrictions on use and occupancy is carried over in the new condominium act, § 718.104(5), Fla....

...ed the board to enact and amend rental rules without the concurrence of seventy-five percent of the unit owners. We respectfully disagree. The declaration of condominium and the association's articles of incorporation are interrelated documents. See § 718.104(4)(j), Fla....

...It could well be argued that appellees had no equitable title in the manager's apartment prior to the recordation of the Declaration of Condominium as the condominium *64 is created and the common elements come into being as of the date of recording the Declaration. § 718.104, Florida Statutes....

...Under § 718.114, an association has the power to acquire leaseholds for recreational facilities, but "[a]ll of these leaseholds ... and other possessory or use interests existing or created at the time of recording the declaration must be stated and fully described in the declaration." Finally, § 718.104(7) provides that "[a]ll provisions of the declaration are enforceable equitable servitudes, run with the land, and are effective until the condominium is terminated." Taking all of these statutory provisions together, the declaration not o...

...ex post facto *67 law or law impairing the obligation of contracts shall be passed." See generally, Fleeman v. Case, 342 So.2d 815 (Fla. 1977). While the condominium in the present case was not legally created (by recording the declaration in accordance with § 718.104(2)) until after the effective date of the contested amendment to § 718.115, nevertheless the developer and purchaser may have made, prior to the effective date of the amendment, a contract entitled to article I, section 10, protection....

...ominium or purchaser contract may not contain the proposed mandatory mediation and binding arbitration provisions because these provisions are inconsistent with sections 718.111(3), 718.303 and 718.506, Florida Statutes, and therefore, prohibited by section 718.104(4)(m), Florida Statutes. Section 718.104 details 15 requirements of a declaration of condominium, and provides in subsection (m) that it may contain "[o]ther desired provisions not inconsistent with this chapter." Lennar's contract is 12 pages long, consisting of 51 paragrap...

...Courts are therefore concerned with whether compliance with a County ordinance requires a violation of a state statute or renders compliance with a state statute impossible. "Ordinance 84-46 is said by Plaintiffs to prohibit the creation, sale and leasing of condominium units in violation of § 718.102(b) and § 718.104(2), Fla....

...In addition, as noted above there is no mention in the Declaration's Phase Impact Statement of a potential obligation to pay off a construction mortgage on common elements in future phases. The Declaration also incorporates the condominium law in its provisions. Section 718.104(3), Florida Statutes (1983), made applicable to phase condominiums by section 718.403(1), requires all mortgagees either to join in the execution of the Declaration, consent to it, or enter an agreement subordinating the mortgage interest to the Declaration. However, as section 718.104(6) mandates that any person who consents to the execution of a Declaration subjects his interest in the condominium property to the provisions of the declaration, there is little practical difference in the three modes....

...Stack, 997 F.2d 1356, 1361 (11th Cir.1993). . Plaintiffs also argue that they could not legally close on their units because Mona Lisa failed to properly update the relevant declaration of condominium after it completed construction as required by § 718.104(4)(e) of the Florida Statutes....

...purchase agreement for Unit 111. The new agreement had the same terms as the original. On July 24, 2007, the City of Mexico Beach issued a Certificate of Occupancy for Unit 111, and on February 15, 2008, the surveyor's certificate required *86 under section 718.104(4)(e), Florida Statutes (2004), was recorded for the building in which Unit 111 is located....

...ng statutes. Accordingly, our review is de novo. See Hill v. Davis, 70 So.3d 572, 575 (Fla.2011) (statutory construction); Rose v. Steigleman, 32 So.3d 644, 645 (Fla. 1st DCA 2010) (contract interpretation). *87 The purchasers correctly contend that section 718.104(4)(e), Florida Statutes (2004), dictates the date for determining compliance with Paragraph 16. Section 718.104(2) provides that a condominium is created by recording a declaration in the public records. It then sets forth the requirements of a valid declaration. § 718.104(2)....

...If the construction of a condominium is not substantially completed when the declaration is recorded, the developer is required to state this fact in the declaration and, once the condominium is substantially completed, amend the declaration to include a certificate confirming substantial completion. § 718.104(4)(e)....

...scribing the condominium property, is an accurate representation of the location and dimensions of the improvements and so that the identification, location, and dimensions of the common elements and each unit can be determined from these materials. § 718.104(4)(e). Section 718.104(4)(e) further provides the following mandate concerning when a "[c]ompleted unit" may be delivered to a purchaser: Completed units within each substantially completed building in a condominium may be conveyed to purchasers, notwithsta...

...ement facilities serving the building in which the units to be conveyed are located have been substantially completed, and such certificate is recorded with the original declaration or as an amendment to such declaration. Under the plain language of section 718.104(4)(e), a surveyor's certificate of substantial completion must be recorded before a condominium's "[c]ompleted units......

...Applicable statutes "A condominium is created by recording a declaration in the public records of the county where the land is located, executed and acknowledged with the -5- requirements for a deed." § 718.104(2), Fla. Stat. (2014). "The declaration must contain or provide for . . . [t]he name of the association, which must be a corporation for profit or a corporation not for profit," and "[t]he document or documents creating the association." § 718.104(4)(i), (k)....

...(2) To establish procedures for the creation, sale, and operation of condominiums. A condominium is created by filing a declaration of condominium in the public records of the county where the land is located, executed and acknowledged with the requirements for a deed § 718.104(2)....

...stablish condominium units which will subsequently be conveyed. Upon the recording of the declaration, all units described in the declaration as being located in or on the land then being submitted to condominium ownership shall come into existence. § 718.104(2)....

...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. Section 718.104(4)(d) requires that the declaration contain or provide for an identification of each unit by letter, name, number, or combination thereof, so that no unit bears the same designation as any other unit....

...Tropicana Condominium units at any given time. The trial court determined that this provision constituted an unreasonable restraint on alienation. The Condominium Act allows a Declaration to establish restrictions on the transfer of units. § 718.104(5), Fla....

...which the lot is located...." 15 U.S.C. § 1703(d). The question here is whether the Purchase Contract's description was "in a form acceptable for recording" in Florida. Under Florida law, condominiums are created by filing a declaration. Fla. Stat. § 718.104(2). Such declarations contain numerous disclosures, including a legal description of the land, identifications of individual units, and surveys of the land. § 718.104(4)....

...ng [the] declaration" mandated by § 718.109. Taplett admits that such data was unavailable since TRG had not filed the proposed Declaration, but he argues that TRG could have remedied this problem by filing the declaration earlier, as allowed under § 718.104....

Florida’s condominium law in its provisions. Under section 718.104(3), Florida Statutes (1983), anyone having

return of such funds under any other condition. Section 718.104, F.S., regulates the creation of condominiums

...t. At the summary judgment hearing the Association argued that when the Declaration of Condominium was recorded the Developer became obligated to fund reserves for the maintenance of all eighty proposed units. In support, the Association first cited section 718.104(2), Florida Statutes (1995), which provides that “[u]pon the recording of the declaration ......

...SALCINES and CANADY, JJ„ Concur. . Developers are permitted to close on completed units within each substantially completed building in a condominium development, provided the common facilities serving the completed units have been substantially completed. § 718.104(4)(e), Fla....

...use in connection with the condominium.” § 718.103(8), (13), Fla. Stat. (emphasis added). As such, if the land underlying a condominium is not subjected to condominium ownership, it is, by definition, not part of the condominium parcel. Section 718.104, Florida Statutes, describes the process by which a condominium is created and how property is submitted to condominium ownership. In short, a condominium is created by executing a declaration of condominium complying with the requirements of chapter 718. Property is submitted to condominium ownership by including in the declaration a description of the property to be submitted and a statement submitting the property to condominium ownership. § 718.104(4)(a), (c), Fla. Stat. It is not necessary that the land underlying a condominium be submitted to condominium ownership; a leasehold estate in the underlying land may be submitted instead. § 718.104(1), Fla....

...See § 718.1256, Fla. Stat. (2017) (classifying condominiums as residential property). The purchase of a condominium subjects the owners to a declaration of covenants, which statutorily must include an obligation to pay assessments imposed by the association. See § 718.104(4)(g), Fla....

...ground of workers’ compensation immunity, and remand for further proceedings. BACKGROUND The Bal Harbour Tower Condominium was established under chapter 718, Florida’s Condominium Act, by recording its declaration of condominium. See § 718.104(2), Fla....

...found at Article XXXIV “shall supplement the Lease.” By statute, [a] person who joins in, or consents to the execution of, a declaration subjects his interest in the condominium property to the provisions of the declaration. § 718.104(6), Fla. Stat. (1981). Because the City expressly consented to the execution of the Declaration, the City’s interest in the property is subject to the provisions of the Declaration pursuant to section 718.104(6). The Hotel and the City argue that the residential unit owners lack standing to enforce the Declaration against the commercial unit owners. We disagree and find the Declaration clear and unambiguous on this issue....

...Development Restrictions in the Declaration Run With the Land. - 14 -  By statute, “All provisions of the declaration are enforceable equitable servitudes, run with the land, and are effective until the condominium is terminated.” § 718.104(7), Fla....

PER CURIAM. Affirmed. § 718.104(4), Fla....

...Markham , 442 So.2d 423 (Fla. 4th DCA 1983) (failure of the declaration of condominium to reflect two lots as being part of the condominium property would establish that they were not common elements and could not be assessed against the unit owners) and s. 718.104 (2), Fla....

...led to use them. 9 See , letter from Department of Revenue, supra n. 1. 10 Section 718.106 (2)(a), Fla. Stat. 11 Cf., Tower Forty-One Association v. Levitt , 426 So.2d 1290 (Fla. 3d DCA 1983) (real estate brokerage office in common element). 12 See, s. 718.104 (4)(f), Fla....

...2d DCA 1975) (the shares in the common elements appurtenant to units shall remain undivided and not subject to action for partition); Tower House Condominium, Inc. v. Millman , 410 So.2d 926 (Fla. 3d DCA 1981); and letter from Department of Revenue, supra , n. 1. 13 Section 718.104 (4), Fla....

records in the county where the land is located. § 718.104(2), Fla.Stat. (1987). The Declaration of Condominium

Sweetwater Oaks, a condominium, pursuant to Florida Statute 718.104 and the ingress and egress easement, shown

...Also, as the prevailing party, he is entitled to attorney's fees. Accordingly, the judgment in favor of Winter Park Condominium Limited Partnership is reversed and the matter is remanded for entry of a judgment in Lowe's favor. REVERSED and REMANDED. TORPY and EVANDER, JJ., concur. NOTES [1] § 718.104(2), Fla....

...In its final judgment, the trial court made the following findings: 5. The completion date of the unit underlying this action, unit 240, was April 80, 2007, the date that the respective certificate of occupancy was issued for unit 240. 7. The date the certificate of substantial completion, permitted under section 718.104(4)(e), Florida Statutes[,] was filed for the entire Grand Dunes II condominium project was May 1, 2007 (although it was executed on April 30, 2007), and it is recorded in the Official Records of Walton County at Book 2759, Page 3951....

...Fogg, 458 So.2d 1122, 1126 (Fla.1984). *98 Breazeale argues further that Grand Dunes II was not substantially completed by the time GDC View sought to close during May 2007 and, because the condominium was not completed, the unit could not be conveyed. Pursuant to section 718.104(4)(e), Florida Statutes (2007), a completed unit may be conveyed when it is within a “substantially completed” building. The relevant portion of section 718.104(4)(e) provides in pertinent part: Completed units within each substantially completed building in a condominium development may be conveyed to purchasers, notwithstanding that other buildings in the condominium are not substantially c...

...element facilities serving the building in which the units to be conveyed are located have been substantially completed, and such certificate is recorded with the original declaration or as an amendment to such declaration. (Emphasis added). We read section 718.104(4)(e) as setting forth two requirements before a completed unit in a substantially completed building may be conveyed....

...The trial court below made no finding as to extent of the completion of the common elements. The trial court did find, in paragraphs 6 though 8 of its Final Order, that, because a certificate of substantial completion was filed on May 1, 2007, the condominium was completed for purposes of section 718.104(4)(e) on that date....

...The certificate here was conditional and did not establish that “common-element facilities serving such building, as set forth in the declaration, [were] first completed” by the time GDC View sought *99 to close between May 1 and May 21, 2007. See § 718.104(4)(e), Fla....

...omplete and deliver the unit within the unconditional completion deadline of 24 months from the date of the contract. We agree that the trial court erred in concluding that the unit could be permissibly conveyed as of May 1, 2007, since, pursuant to section 718.104(4)(e), the unit could not be deemed complete on that date because common elements of the condominium were not complete....

(emphasis supplied). . Fla. Stat. § 718.104(5). . Fla. Stat. § 718.104(7). . See, e.g., Foster v. Double

...stall its system by the aforesaid method. 5. The Declaration of Condominium for BILTMORE II CONDOMINIUM ASSOCIATION has been recorded among the public records of Dade County, Florida, and is a covenant running with the land. Furthermore, pursuant to Section 718.104(7), Fla.Stat....

Incorporation “are interrelated documents.” *1190See § 718.104(4)(k), Fla. Stat. (2005) (“The declaration must

...the declaration certifying that the condominium is substantially completed at the time of conveyance, since the Legislature in 1978 struck out that requirement. AS TO QUESTION 1: Your question apparently arises from the following factual situation. Section 718.104 (2) and (4), F. S., requires the recording of a declaration in order to create a condominium. Section 718.104 (4)(e), prior to the passage of Ch....

...A condominium is created by recording in the public records of the county where the land is located a `declaration of condominium' executed and acknowledged with the requirements for a deed. This declaration may be amended from time to time. Sections 718.104 (2) and 718.103 (12), F....

...ribing the condominium property, is an accurate representation of the location and dimensions of the improvements, and that the identification, locations, and dimensions of the common elements and of each unit can be determined from these materials. Section 718.104 (4), F....

...Upon substantial completion, the declaration must be amended to include the aforementioned surveyor's certificate. The amendment may be accomplished by referring to the recording data of a survey of the condominium which complies with the certificate. Section 718.104 (4)(e)....

...718.105 (4) states that, in the event no surveyor's certificate is attached to the declaration or the survey or graphic description, the developer shall deliver to the clerk an estimate of the cost of a final survey or graphic description containing and complying with the certificate prescribed by s. 718.104 (4)(e), F....

...veloper may close the transaction prior to completion of the condominium. My analysis of the statute applying to condominiums shows no restraints, limitations, or restrictions upon closing prior to completion other than the requirements set forth in s. 718.104 , F....

...However, the difference is not germane to this opinion, since Ch. 718, F. S., does not appear to me to place any restraints upon the developer in the selling, closing on, or conveying of condominium parcels prior to their completion, other than those specifically contained in ss. 718.104 and 718.202 . AS TO QUESTION 2: Your second question asks what requirements, standards, or limitations bind a developer who seeks to convey an interest in a condominium other than the requirements for filing the data specified in s. 718.104 , F. S., and the requirements concerning escrow deposits in s. 718.202 , F. S. As noted above, I find no restrictions upon conveying a condominium other than those specified in ss. 718.104 and 718.202 ....

...condominium for conveyancing purposes,' since the Legislature by Ch. 78-340, Laws of Florida, struck that requirement as a requisite thereto. The only restrictions upon the developer's ability to convey appear to be those requirements set forth is ss. 718.104 and 718.202 , F....

...§ 721.02(1)-(4), Fla. Stat. (2002) (emphasis added). In order to create a timeshare estate in Florida by converting a condominium into a timeshare, the Declaration of Condominium must specifically provide that timeshare estates will or may be created in the future. § 718.1045, Fla. Stat. (2002) ("No timeshare estates shall be created with respect to any condominium unit except pursuant to provisions in the declaration expressly permitting the creation of such estates."). Section 718.104(4)(o), Florida Statutes, specifically provides that the declaration must contain the following: If timeshare estates will or may be created with respect to any unit in the condominium, a statement in conspicuous type declaring that timeshare estates will or may be created with respect to units in the condominium....

...ill or may be created shall be defined and described in detail in the declaration, with a specific statement as to the minimum duration of the recurring periods of rights of use, possession, or occupancy that may be created with respect to any unit. § 718.104(4)(o), Fla....

...Westgate comes within the definition of developer because it created the timeshare plan that was submitted to the Division for approval through inclusion in the POS. [3] The timesharing plan is usually incorporated in the Declaration of Condominium, see section 718.104(4)(o), Florida Statutes (2002), or is added to the existing declaration by an amendment approved by the record owners of each condominium unit and upon the joinder of the record owners of liens on each unit. See §§ 718.1045, .110(8), Fla....