Florida/Georgia Personal Injury & Workers Compensation

...NOTES [1] Appellant notes in its brief that the provisions of the Condominium Act as amended from time to time automatically became a part of the controlling documents of the Tower House Condominium. Kaufman v. Shere, 347 So.2d 627 (Fla.3d DCA 1977), cert. denied, 355 So.2d 517 (Fla. 1978). [2] See also § 718.108(2), Fla....

...Were the system a common element, these costs would have been the Association's responsibility. § 718.113, Fla. Stat. (1977). Until such time, then, that the system becomes subject to condominium ownership, the system cannot be included as part of the common elements as further described in Section 718.108, Florida Statutes (1983)....

...portions of the condominium property not included in the units.” The “association” is, inter alia, an “entity responsible for the operation of common elements owned in undivided shares by unit owners.... ” § 718.103(2), Fla. Stat. (2009). Section 718.108, Florida Statutes (2009), titled “Common Elements,” provides: (1) “Common Elements” includes within its meaning the following: (a) The condominium property which is not included within the units....

...ed). “It is fundamental that in construing a contract, the intention of the parties must be determined from examination of the whole contract and not from the separate phrases or paragraphs.” Deeb v. Field, 311 So.2d 736, 737 (Fla. 3d DCA 1975). Section 718.108(l)(d) does include in the definition of common elements “[t]he property and installations required for the furnishings of utilities and other services to more than one unit” but it also includes “[t]he condominium property which is not included within the units.” § 718.108(l)(a), Fla. Stat. (2009). The Declaration may also include other parts of the condominium property not named in the statute as common elements. § 718.108(2), Fla....

...on elements, and any other expense designated as a common expense by the association's declaration or bylaws. § 718.115(1), Fla. Stat. (2009). The common elements of a condominium include condominium property which is not included within the units. § 718.108(1)(a), Fla....

...The "common elements" include condominium property which is not included within the units, certain easements, and property necessary for utilities and other services to more than one unit, and other parts of condominium property designated as common elements in the condominium declaration. FLA STAT. § 718.108....

Statutes.” “Common elements” is defined by section 718.108, Florida Statutes (1979), to include: 1(d)

...Stephens: On behalf of the Property Appraiser of Palm Beach County, Mr. Gary R. Nikolits, you have asked for my opinion on substantially the following questions: 1. Does property owned by a condominium association and used for commercial purposes fall within the definition of a common element in section 718.108 (1), Florida Statutes? 2. May the property appraiser include the proportionate value of such property in the assessment for each condominium parcel? In sum: 1. Real property used for commercial purposes that meets the definition in section 718.108 (1), Florida Statutes, may be a common element for purposes of the Condominium Act....

...es involved. 1 The following consideration of your questions should be used as a general guide and should not be seen as a determination that all commercial property located on condominium premises qualifies as a "common element" within the scope of section 718.108 (1), Florida Statutes....

...and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium." 5 "Common elements" are "the portions of the condominium property which are not included in the units." 6 Pursuant to section 718.108 (1), Florida Statutes, the phrase "[c]ommon elements" includes within its meaning: "(a) The condominium property which is not included within the units....

...from that designation because of its commercial use. In fact, Florida case law recognizes the commercial use of common elements. 11 Therefore, it is my opinion that condominium real property used for commercial purposes that meets the definition in section 718.108 (1), Florida Statutes, may be a common element for purposes of the Condominium Act....

...Stat., Rule 12D-1.005 (1), F.A.C., and Op. Att'y Gen. Fla. 74-268 (1974). 2 Section 718.101 , Fla. Stat. 3 Section 718.102 , Fla. Stat. 4 Section 718.103 (11), Fla. Stat. (1998 Supp.). 5 Section 718.103 (13), Fla. Stat. (1998 Supp.). 6 Section 718.103 (8), Fla. Stat. (1998 Supp.). 7 Section 718.108 (2), Fla....

could qualify as a common element defined in section 718.108, Florida Statutes. That statute, not unlike

...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. It impermissibly removes from condominium control common elements under section 718.108, including “condominium property which is not included within the units,” along with 6 certain easements and infrastructure required to furnish utilities and services to those units. § 718.108(1)(a), Fla....

...constitute a lien only upon the condominium parcel assessed and upon no other portion of the condominium property." (e.s.) "Common elements" are defined as "the portions of the condominium property which are not included in the units." 1 Pursuant to section 718.108 (1), Florida Statutes, the phrase "[c]ommon elements" includes within its meaning: "(a) The condominium property which is not included within the units....

...s, it is my opinion that condominium units should be assessed their proportionate or fractional share of the benefit each receives from a "limited" common element. Sincerely, Bill McCollum Attorney General BM/tals 1 Section 718.103 (8), Fla. Stat. 2 Section 718.108 (2), Fla....