CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...However, in Fass, the declaration authorized the execution of a recreational lease which contained an option to purchase. Said lease was attached to the declaration. Therefore, unlike the case sub judice, the acquisition of the recreational lease was specifically contemplated in the original documents and complied with section 718.114, Florida Statutes (1979)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1991 WL 11647
...the fee. We also reject the argument that the membership agreement, on its face, violates the condominium act and antitrust statutes. Condominium recreation arrangements are not limited to property covered by a recreation leasehold. Florida Statutes Section 718.114 provides: An association has the power to enter into agreements, to acquire leaseholds, memberships, and other possessory or use interests in lands or facilities such as country clubs, golf courses, and other recreational facilities....
...See also Chatham Condominium Assoc. v. Century Village, Inc.,
597 F.2d 1002 (5th Cir.1979). Additionally, although the association may not be the exclusive user of the recreation facility, that fact alone is not a basis for dismissal of the complaint. Section
718.114 does not preclude a developer from arranging a recreation contract package or plan involving multiple users including other condominium associations, private memberships, or even permitting public use, where such multiple use is reasonably related to the overall scope of the facilities plan and complies with the provisions of section
718.114. Where such a condominium recreation arrangement meets the standards required by
718.114, we cannot say that it is, on its face, prohibited by Florida's antitrust laws; as patently the legislature intends authorized recreation arrangements, whether involving leases or recorded contracts, to be exempt....
...Kesl's complaint alleges, inter alia, that the Developer and the Association entered into and recorded the Agreement; that the Agreement intended to provide enjoyment, recreation and other use and benefit to the unit owners within the Condominium and was authorized by Florida Statute section 718.114; that in consideration of the Association entering into the agreement the Developer agreed to perform its duties and obligations under the Agreement and provide to the members of the Association the recreational facilities at the Club; that Kesl is the successor in interest to the developer; that Kesl owns the land which underlies the Club property; that the *256 Agreement is exempt from any prohibition against unlawful tying arrangements pursuant to Florida Statute section 718.114 (1989) because the condominium unit's club membership comprised a unique single leisure living package; that pursuant to various sections of the Declarations of Condominium and the Agreement, the Association can legally assess unit ow...
...he complaint and attachments, that the allegations are untrue. The allegations, inter alia, are that the Agreement is exempt from the antitrust provision of Florida Statutes (1989), and any prohibition against unlawful tying arrangements pursuant to section 718.114; that the condominium units and membership in the Club recreational facilities comprised a unique single leisure living package; and that sale of the club membership did not constitute a separate product which was tied to the sale of the condominium unit. The Association's response that the attachments to the complaint are clearly repugnant to and contradict Kesl's allegations concerning the unique single leisure living package is without merit. Although section 718.114 gives an association the power to enter into a contract for membership fees, such a power must be provided for in the Declaration of Condominium....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...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). Under §
718.114, an association has the power to acquire leaseholds for recreational facilities, but "[a]ll of these leaseholds ......
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1848
...nce, repair or replacement of the condominium property. Section
718.111, Florida Statutes (1983). The only exception to this rule is that an association is granted the specific power to acquire possessory or use interests in recreational facilities. Section
718.114, Florida Statutes (1983). In the instant case, the bus transportation service is not condominium property nor is it a recreational facility. As such, it does not fall within the realm of either section
718.111 or section
718.114, Florida Statutes (1983), and therefore, the Association does not have the power to assess the cost for this service as a common expense against the unit owners....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...in conformity with the provisions of the option. Nonetheless, the complaining unit owner reasons that the buy-out was invalid and unenforceable, advancing as her principal argument, failure of the instant declaration to conform to the provisions of Section 718.114, Florida Statutes (1979) which provide in pertinent part as follows: 718.114 Association powers....
...s particular unit owner to buy her pro rata share thereof by way of assessment. REVERSED AND REMANDED IN ACCORDANCE HEREWITH. MOORE, J., and OWEN, WILLIAM C., Jr., Associate Judge, concur. NOTES [1] This provision in the declaration is authorized by Section 718.114.
