Florida/Georgia Personal Injury & Workers Compensation

...Fernandez, 371 So.2d 535 (Fla. 3d DCA 1979). Do the ordinances in question conflict with state law? The final judgment permanently enjoining the enforcement of the subject ordinances specified that conflict existed between the ordinances and sections 718.105, 718.107, 718.402, 718.501, 718.502, 718.503, 718.504, and 718.507 of the Condominium Act....

...(1) When prohibits filing of Declaration of executed as required by § Condominium for conversion for 90 718.104, a declaration together days. with all exhibits and all amendments is entitled to recordation as an agreement relating to the conveyance of land. B. Section 718.107 pertains to "Restraints upon separation and partition of common elements." C....

...ng condominium declaration, and that the Association and unit owners are entitled to exclusive use and enjoyment of the swimming pool. The Association has appealed and the Buyers have cross appealed. The tax deed sale was illegal because it violated section 718.107, Florida Statutes (2003). That statute forbids the separate sale of the common elements of a condominium. The statute provides: 718.107....

..."Common elements" are defined as "the portions of the condominium property not included in the units." Id. § 718.103(8). Tract F is part of the condominium property which is not subject to exclusive ownership. For purposes of chapter 718, then, Tract F is a common element. Under the plain language of section 718.107, a separate sale of a condominium's common elements is prohibited....

...60 days from the date the assessment being contested is certified for collection under s.193.122(2)...." The statute is inapplicable here. The Association's claim is that Tract F is a common element which is prohibited from being sold separately by section 718.107, Florida Statutes....

...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. Stat. (2003). The legislature has specifically prohibited the separate sale of such common elements. Id. § 718.107(2). "The share in the common elements pertinent to a unit cannot be conveyed or encumbered except together with the unit." Id. § 718.107(2). These concepts are basic to the ownership interests in a condominium. Reading section 718.107 and 65.081 together, we find no indication that subsection 65.081(3) overcomes the ban on separate sale of common elements contained in subsection 718.107....

...ponsibility to maintain the premises, who had responsibility for safety issues relating to the pool, and who had responsibility to maintain liability insurance. It is simply beyond belief that the legislature intended such a result. We conclude that section 718.107 retains its field of operation and prohibits separate sale of the common elements of a condominium, including separate sale for a tax deed....

...William E. Weller of Rose and Weller, Cocoa Beach, for Appellee. *808 ANTOON, Judge. The controlling issue in this case is whether a condominium unit owner possesses the authority to convey a limited common element. The trial court determined that section 718.107 of the Florida Statutes (1993), prohibited such a conveyance....

...Without distinguishing the more general concept of common elements from the narrower concept of limited common elements, our legislature specifically restrained the conveyance of all common elements which are appurtenant to a living unit. In this regard, section 718.107(2) of the Florida Statutes (1993) entitled, "Restraint upon separation and partition of common elements," provided that "[t]he share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with th...

...denied, 402 So.2d 611 (Fla.1981) (ruling that limited common elements are an appurtenance of the unit and pass with the unit when legal title is conveyed). As a result, the trial court properly concluded that Ms. Young's separate conveyance of garage A-12 to Ms. Brown was unauthorized. See § 718.107, Fla. Stat. (1993). Ms. Brown's primary argument on appeal is that section 718.107(2) does not apply to the facts of the instant case because the quit claim deed from Ms....

...We note further that, even if the dissent is correct in its view that garage A-12 was not a limited common element because it was not assigned at the time the Declaration was executed, the garage would at the very least constitute a common element. As previously discussed, section 718.107(2) of the Florida Statutes (1993) prohibited the conveyance of common elements separate from the living unit....

...Saners, who in turn sold the living unit, also without the exclusive use of a garage, to Edward G. and Joan S. Rice. Sometime following the purchase of the living unit, the Rices took the position that they were entitled to garage unit A-12 because section 718.107, Florida Statutes, prohibits the separation of the undivided share in common elements which are appurtenant to a unit....

...The Declaration does not prohibit, however, the shifting of a limited common element which is not essential to the use and enjoyment of each unit to another unit owner so that it becomes connected to another living unit within the condominium project. Section 718.107, Florida Statutes, is simply inapplicable....

...inium property to the provisions of the declaration, there is little practical difference in the three modes. In all events the interest of the mortgagee is subject to the declaration when it consents to the Declaration. The statute also provides in section 718.107(2) that "[t]he share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit." With respect to the imposition of liens on condominium property, section 718.121(1), Florida Statutes,...

Phase II to Bank One’s mortgage. However, section 718.107, Florida Statutes (1991), precludes the separation

...5th DCA 1998) (“By enacting these statutes, our legislature has specifically prohibited the conveyance of all common elements, including limited common elements, unless such an interest passes along with the title to the living unit.”); see also § 718.107(1), Fla....

...pass with the title to the unit, whether or not separately described.”); § 718.106(2)(a), Fla. Stat. (“There shall pass with a unit, as appurtenances thereto,” inter alia, “[a]n undivided share in the common elements and common surplus”); § 718.107(2), Fla....

...In IconBrickell, this court held that a “recharacterization” of common elements as shared facilities subject to control of the hotel owner and the “resultant expropriation of undivided common ownership[] indubitably contravene[d] the edict of the [Condominium] Act.” Id. at 481 (citing § 718.107, Fla. Stat.). The removal of common elements from condominium control by the Second Amendment similarly contravenes section 718.107 by separating, conveying or encumbering common elements appurtenant to the condominium units, without conveying the title to the units....

...5th DCA 1998) (“By enacting these statutes, our legislature has specifically prohibited the conveyance of all common elements, including limited common elements, unless such an interest passes along with the title to the living unit.”); see also § 718.107(1), Fla....

...pass with the title to the unit, whether or not separately described.”); § 718.106(2)(a), Fla. Stat. (“There shall pass with a unit, as appurtenances thereto,” inter alia, “[a]n undivided share in the common elements and common surplus”); § 718.107(2), Fla....

...When the unit is conveyed, its appurtenant percentage share of the common elements is simply conveyed with it. §§ 718.103(11), (12), .104, .107(1). Whether the common elements, or the appurtenant undivided share in them, are capable of separate conveyance is not at issue. Cf. § 718.107(2) ("The share in the -9- Therefore, had the unit owners formed an organizing committee and prepared and submitted the necessary documents to the Department, see § 720.405, the Department wou...

...Moreover, the members cannot convey the ownership in their condominium units separate from their undivided interest in the common elements. See Vill. of Doral Place Ass'n v. RU4 Real, Inc., 22 So. 3d 627, 630 (Fla. 3d DCA 2009) ("Under the plain language of section 718.107, a separate sale of a condominium's common elements is prohibited.")....

statute. [This same restraint is now found in Section 718.107 Florida Statutes (1976)]. Accordingly, all

...Point East One Condominium Corporation, Inc., 258 So.2d 322, 325 (Fla. 3d DCA 1972). It would also permit of Home Federal, in effect, to partition the common elements, an action expressly forbidden by Section 711.05 of the then applicable statute. [This same restraint is now found in Section 718.107 Florida Statutes (1976)]....