Florida/Georgia Personal Injury & Workers Compensation

...idence and the undivided interest in the Common Elements in the above-mentioned percentages of the whole ... . This undivided interest in the parking area is made appurtenant to the condominium unit by subsection (B) of Article V quoted above and by Section 718.106(2)(a), Florida Statutes (1977) which provides: "There shall pass with a unit, as appurtenances thereto: (a) an undivided share in the common elements and common surplus." This undivided interest is also part of the condominium parcel...

...by the unit owner is a material alteration or modification of the common area, and, of the unit owner's interest in the appurtenances to the condominium unit. [6] Because a unit owner's undivided share in the parking area is appurtenant to the unit, Section 718.106(2)(a), Florida Statutes, supra, and part of the fee simple, Article V, Declaration of Condominium, supra, the parking area itself is necessarily appurtenant to the unit, even if regulated by the Association. See Ackerman v. Spring Lake of Broward, Inc., 260 So.2d 264, 266 (Fla. 4th DCA 1972) (citing § 711.04, Fla. Stat. (1969), now § 718.106(2)(a); recreation area part of common elements is appurtenant to condominium units)....

...preme Court to an earlier version of section 65.081. Palmquist v. Johnson, 41 So.2d 313, 316-17 (Fla.1949). The legislature has specifically provided that there shall pass with each condominium unit "[a]n undivided share in the common elements ...." § 718.106(2)(a), Fla....

...pecified in the declaration of condominium." § 718.103(17), Fla. Stat. (1993). The determination of whether a common element is a limited common element depends solely upon the designation set forth in the property's declaration of condominium. See § 718.106(2)(b), Fla....

...Act. See Fla.Stat. 718.101, et seq. [14] Plaintiff makes a "public forum" type of an argument requesting the Court to extend traditional public forum concepts discussed supra page 1226-27 to actions under the FHA. [15] 861 So.2d 494. [16] Fla. Stat. 718.106(4)....

...Dagnan and the Director argue that the uncontradicted biopsy evidence showing “severe anthracosis” is sufficient by itself to establish pneumoconiosis under 20 C.F.R. § 718.202 (a)(2). 2 Black Diamond responds (1) that the biopsy does not meet the requirements of 20 C.F.R. § 718.106 for admissability, and (2) that the biopsy shows only anthra-cotic pigment, a biopsy is no different from an autopsy, and under 20 C.F.R....

...Substantial evidence “means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. at 1262 . Our review of BRB decisions is de novo. Id. at 1261. While Black Diamond contends that the biopsy report does not meet the requirements for admissibility in 20 C.F.R. § 718.106 3 because the report does not contain a surgical note, it does not state what effect this should have on this case....

...��requirements substantially. Even though 20 C.F.R. § 781 .-106(b) states- that “[n]o report of [a] ... biopsy submitted in connection with a claim shall be considered unless the report complies with the requirements of this section,” 20 C.F.R. § 718.106 (b), the director has interpreted this section to require only substantial compliance because the section goes on to state that reports for miners who died before March 31, 1980, “shall be considered when the reports are not in substantial compliance with the requirements.” Director, Office of Workers’ Compensation Programs, United States Dept. of Labor v. Mangifest, 826 F.2d 1318 , 1326 n. 13 (3rd Cir.1987) (quoting 20 C.F.R. § 718.106 (b)) (emphasis *1541 added)....

...Seminole Rock & Sand Co., 325 U.S. 410, 414 , 65 S.Ct. 1215, 1217 , 89 L.Ed. 1700 (1945); see also North New Haven Bd. of Educ. v. Bell, 456 U.S. 512 , 102 S.Ct. 1912 , 72 L.Ed.2d 299 (1982); Mangifest, 826 F.2d at 1323 . Since the Director’s interpretation of § 718.106(b) as requiring only substantial compliance is neither plainly erroneous nor inconsistent with the regulation, we must accept this construction....

...A finding in an autopsy of anthracotic pigmentation, however, shall not be sufficient, by itself, to establish the existence of pneumoconiosis. A report of autopsy shall be accepted unless there is evidence that the report is not accurate or that the claim has been fraudulently represented. 3 . 20 C.F.R. § 718.106 (1992) states in pertinent part: (a) A report of an autopsy or biopsy submitted in connection with a claim shall include a detailed gross macroscopic description of the lungs or visualized portion of a lung....

...r who died prior to March 31, 1980, such reports shall’ be considered even when the reports are not in substantial compliance with the requirements of this section.... 4 . The BRB also construes the standards for admissibility set out in 20 C.F.R. § 718.106 (b) to be only guidelines and not mandatory....

...(1998 Supp.). 7 Section 718.108 (2), Fla. Stat. 8 And see , s. 718.113 (1), Fla. Stat., which provides that certain limited common elements shall be maintained by those who are entitled 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. Stat. (1998 Supp.); s. 718.106 (2), Fla....

...The property appraiser concedes that the latter are exempt from real property taxes under section 196.012(6), but differentiates the condominium hangers on the theory that they are real property owned by the association under the condominium statute, section 718.106, Florida Statutes, which provides that “a condominium parcel created by the declaration is a separate parcel of real property, even though the condominium is created on a leasehold.” The association responds that the members of th...

...d in 2028. The association points out that the state has waived its immunity from real property taxes on property it owns in certain instances, for instance, where the lease is for 100 years, section 196.199(7), but none of these waivers apply here. Section 718.106 provides that condominium parcels are separate parcels of real property; however, it does not address the question involved in this case, which is who owns the land and improvements. In the absence of any authority other than section 718.106, and the property appraiser cites none, we conclude that this property is owned by the state and is therefore not taxable....

...he living unit.”); see also § 718.107(1), Fla. Stat. (“The undivided share in the common elements which is appurtenant to a unit shall not be separated from it and shall pass with the title to the unit, whether or not separately described.”); § 718.106(2)(a), Fla....

annexation procedures contrary to Ch. 171). Section 718.106(1), F.S., provides that "[a] condominium parcel

PER CURIAM. AFFIRMED. See § 718.106(1), Fla.Stat....

...he living unit.”); see also § 718.107(1), Fla. Stat. (“The undivided share in the common elements which is appurtenant to a unit shall not be separated from it and shall pass with the title to the unit, whether or not separately described.”); § 718.106(2)(a), Fla....

...separation from interest in the unit to which it is assigned and cannot be transferred apart from transferring ownership of the unit to which the limited common element is assigned. See Brown v. Rice, 716 So.2d 807, 809 (Fla. 5th DCA 1998). However, section 718.106(2)(b) provides as follows: (2) There shall pass with a unit, as appurtenances thereto: [[Image here]] (b) The exclusive right to use such portion of the common elements as may be provided by the declaration, including the right to tra...

...xtent of their ownership in the common elements of Harbour Club Condominium No. 2"); Tower House Condo., Inc. v. Millman, 410 So. 2d 926, 930 (Fla. 3d DCA 1981) ("Because a unit owner's undivided share in the parking area is appurtenant to the unit, Section 718.106(2)(a), Florida Statutes, supra, and part of the fee simple, Article V, Declaration of Condominium, supra, the parking area itself is necessarily appurtenant to the unit, even if regulated by the Association."). -8- 720.405(1)....

...r is no different than a removed secondary door. 9  In addition, a condominium “unit owner is entitled to the exclusive possession of his or her unit, subject [only] to the provisions of s. 718.111(5).” § 718.106(3), Fla....