CopyCited 11 times | Published | Supreme Court of Florida | 1994 WL 620851
...A condominium association has the power to make and collect assessments, and to lease, maintain, repair, and replace the common elements. §
718.111(4), Fla. Stat. (1987). Specifically, the association can make assessments against unit owners to pay for common expenses. §
718.115(2), Fla....
...pair, or replacement of the common elements, costs of carrying out the powers and duties of the association, and any other expense designated as common expense by this chapter, the declaration, the documents creating the condominium, or the bylaws." § 718.115(1), Fla....
...I believe the Condominium Act supports this conclusion. It is clear that the Association is authorized to impose assessments on unit owners for the payment of "common expenses." §
718.103(1), .111(4), .115(2) Fla. Stat. (1987). It is also true that section
718.115(1), Florida Statutes (1987), defines common expenses to include expenses designated as such in the condominium documents and Ocean Trail's condominium documents designate judgments as common expenses....
...4th DCA), review denied,
518 So.2d 1277 (1987); §
718.111(2), Fla. Stat. (1987). As noted by the district court, section
718.103(7), defines "common expenses" as "all expenses and assessments which are properly incurred by the association for the condominium." (Emphasis added). Thus, reading section
718.115(1) in pari materia with section
718.103(7), an expense designated as a "common expense" in the condominium documents must be "properly incurred by the Association for the condominium" before the expense can be considered a "common expense" for assessment purposes....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1995 WL 701010
...denied,
518 So.2d 1277 (Fla. 1987). Nevertheless, the Associations recorded liens of approximately $85.00 per Unit Owner representing the disputed annual assessment for off-site transportation services. In 1988, the Florida Legislature adopted an amendment to section
718.115(1), Florida Statutes, which became effective on July 1, 1988....
...the services had been provided from the date the control of the board of administration of the association was transferred from the developer to the unit owners or provisions stating as such were provided for in the condominium documents or by-laws. § 718.115(1), Fla....
...Thus, this court must first determine whether the statute requires the Associations to continuously provide the transportation services and if so, whether the above finding is supported by competent substantial evidence in the instant case. To begin the inquiry, this court must necessarily analyze the statute itself. Section 718.115(1)(a), Florida Statutes (1993), provides: Common expenses also include reasonable transportation services ......
...minium documents or bylaws. On its face, the statute merely requires that the services be continuously provided; the provider of the services is not identified. Although this court must ascribe the plain and obvious meaning to the words contained in section 718.115(1)(a), we should not interpret the statute in such a manner as to produce an unreasonable or absurd result....
...s where such services were provided through an independent entity having no relation to the Associations. Such an interpretation would give condominium associations in Florida a virtual windfall. As such, it appears that the proper interpretation of section 718.115(1)(a) requires condominium associations to have continuously provided the transportation services before those services can be assessed as a common expense. Moreover, the historical facts surrounding the amendment to section 718.115 supports such an interpretation. The amendment to section 718.115 was passed in response to this court's opinion in Rothenberg v....
...On appeal, this court held that the transportation service could not be assessed as a common expense because the service did not directly relate to the operation, maintenance, repair or replacement of the condominium property. Id. at 652. In response to the Rothenberg opinion, the legislature amended section 718.115 thereby allowing transportation services to be assessed as a common expense where the association was already providing such services. § 718.115(1)(a), Fla....
...inuous transportation service, the next logical question is whether the Associations were required to assess the cost of such service as a common expense from the date control was transferred to the Unit Owners. The trial court below determined that section 718.115(1)(a) did not require the transportation service to be continuously assessed as a common expense. We now address the propriety of that finding. Again, neither section 718.115(1)(a) nor this court's prior interpretation of the statute in Scudder v....
...Greenbrier C Condominium Ass'n, Inc.,
566 So.2d 359 (Fla. 4th DCA 1990), require that the transportation costs be assessed as a common expense. Rather, all that is required is that the association continuously provide the transportation services. A careful analysis of section
718.115 along with an understanding of the definitions utilized in the condominium act, however, reveal that the transportation service need not have been assessed as a common expense prior to the amendment in 1988. In amending section
718.115(1)(a), the legislature used the coordinating conjunction "or" to delineate between service continuously provided and services outlined in the condominium documents. See §
718.115(1)(a), Fla....
...ts of carrying out the powers and duties of the association, and any other expense, whether or not included in the *1367 foregoing, designated as common expense by this chapter, the declaration, the documents creating the association, or the bylaws. § 718.115(1)(a), Fla. Stat. (1993). Prior to the 1988 amendment of section 718.115, off-site transportation costs were not considered an expense incurred in the operation, maintenance, repair, replacement or protection of the common elements and association property....
...In amending the statute and determining that reasonable transportation costs could be considered common expenses, the legislature distinguished between transportation services continuously provided by the association and those services provided for in the condominium documents and by-laws. § 718.115(1)(a), Fla....
...The provision relating to services continuously provided must be given effect. Thus, requiring the transportation service to be assessed as a common expense prior to the amendment would obliterate the legislature's use of the word "or" in the amendment to section 718.115(1)(a). Accordingly, we hold that the transportation service continuously provided from the date control was transferred does not have to be assessed as a common expense during the same time. Therefore, the trial court did not err in finding that section 718.115 does not require that the transportation services which were provided had to have been continuously assessed as a common expense. IV. THE CONSTITUTIONALITY OF SECTION 718.115 On appeal, the Unit Owners contend that the amendment to section 718.115(1)(a) is unconstitutionally vague and ambiguous....
...have been services or items provided from the date the control of the board of administration of the association was transferred from the developer to the unit owners or must be services or items provided for in the condominium documents or bylaws. § 718.115(1)(a), Fla....
...Therefore, any doubts *1368 as to the constitutionality of the statute must be resolved in favor of its constitutionality. Department of Legal Affairs v. Rogers,
329 So.2d 257, 263 (Fla. 1976). Applying the ordinary meaning of the words contained in the statute, it is evident that section
718.115(1)(a) is not unconstitutionally vague....
...People of common understanding and intelligence have fair warning of what is required before reasonable transportation costs can be assessed as a common expense. Either the services must have been continuously provided by the association or the services must be provided for in the condominium documents or by-laws. § 718.115(1)(a), Fla....
...Merely because the statute in question was subject to differing interpretations throughout litigation does not render it unconstitutionally vague. Department of Ins. v. Southeast Volusia Hosp. Dist.,
438 So.2d 815, 820 (Fla. 1983). Accordingly, the amendment to section
718.115(1)(a) is not unconstitutionally vague and the trial court was correct in concluding the same....
...Below, the trial court upheld the "one-rider rule" concluding that limited seating and availability was a reasonable basis for the rule. We must first address the surcharge itself. The transportation system utilized in the instant case was assessed as a common expense pursuant to section 718.115(1)(a)....
...assessments against unit owners in the proportions of percentages provided in the declaration. In a residential condominium, unit owners' shares of common expenses shall be in the same proportions as their ownership interest in the common elements. § 718.115(2), Fla....
...Nevertheless, because condominiums are a creature of statute, we must apply the plain meaning of the Condominium Act to the instant situation. Martin v. Ocean Reef Villas Ass'n, Inc.,
547 So.2d 1237 (Fla. 5th DCA 1989), rev. denied,
557 So.2d 35 (Fla. 1990). Pursuant to section
718.115(2), the funds needed for the payment of the transportation system at Century Village should be collected based upon the Unit Owners' proportional ownership interest in the common elements....
...llected pursuant to the Unit Owners' proportional ownership interest in the common elements. Thus, the funds necessary to finance the transportation system, as a common expense, are being collected in a manner contrary to the procedure proscribed by section 718.115(2)....
...The "one-rider rule" was not injected, nor litigated until the second trial and, therefore, should not be determinative of the prevailing party status in the initial trial. As such, upon remand, the trial court is directed to re-evaluate the award of attorney's fees and costs for the second trial. VII. CONCLUSION Section 718.115(1)(a), Florida Statutes (Supp....
...owners. In the instant case, on remand, the trial court was provided with competent substantial evidence to support the finding that the Associations did, in fact, continuously provide the transportation services in question. Furthermore, nothing in section 718.115(1)(a), nor this court's previous interpretation of the statute, requires the Associations to have funded the transportation services continuously as a common expense. Moreover, the amendment to section 718.115(1)(a) is not unconstitutionally vague....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...cause 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)....
...ual the whole. (g) The proportions or percentages of and manner of the sharing common expenses and owning common surpluses, which, for a residential condominium, must be the same as the undivided shares in the common elements. ... . (Emphasis added) Section 718.115(2) reads in full: 718.115 Common expenses and common surplus....
...(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....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 19
...ZEHMER, Judge. Suntide Condominium Association appeals a final order of the Division of Land Sales and Condominiums requiring Suntide to cease and desist from assessing the condominium's common expenses equally against each unit owner, in violation of section 718.115, Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1848
...The issue on appeal is whether the bus transportation service, which is not connected with the condominium property nor the recreation lease entered into by the Association, can be assessed by the Association as a common expense against the unit owners. We answer in the negative and reverse. Section 718.115(1), Florida Statutes (1983), defines common expenses as: (1) Common expenses include the expenses of the operation, maintenance, repair, or replacement of the common elements, costs of carrying out the powers and duties of the associa...
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...This assessment method was in accordance with § 711.14, Florida Statutes (1974), which provided that common expenses may be assessed "according to the declaration... ." At least two contracts for the purchase and sale of Suntide Condominium Units were executed prior to July 1, 1975, when the statute [now § 718.115] was amended to provide that common expenses must be assessed against unit owners "in the same proportions as their ownership interest in the common element." Although the contracts were formally executed prior to the effective date of the...
...The Division rejected the hearing officer's conclusion as to the inapplicability of § 498.051, and entered an order that appellants must cease and desist from any common element assessment scheme which is contrary to the proportion of ownership formula required by § 718.115(2)....
...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....
...Article I, section 10, protection did not attach until the contract was so created, and it is thus essential for resolution of the constitutional issue that the record reveal whether the election was made, and the contract created, prior to the effective date of the amendment to § 718.115. In determining that the Division was without authority to enter a cease and desist order, the hearing officer did not address the issue of whether the amendment to § 718.115 was intended to apply retroactively so as to encompass condominiums subject to contracts existing prior to the effective date of the statutory amendment....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1990 WL 126381
...Plymouth # 5 Condominium Ass'n,
511 So.2d 651 (Fla. 4th DCA), rev. denied,
518 So.2d 1277 (Fla. 1987). Subsequently, effective July 1, 1988, the state legislature enacted an amendment to the Condominium Act, which provided that transportation may be included among common expenses. Section
718.115(1), Florida Statutes, provides: Common expenses include the expenses of the operation, maintenance, repair, or replacement of the common elements, costs carrying out the powers and duties of the association, and any other expense desi...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1987 WL 1687
...Swalm III of Forsyth, Swalm and Brugger, P.A., Naples, for appellee Paul Duika. LEHAN, Judge. A condominium association which was created by the filing of its declaration of condominium in 1972, appeals from a declaratory statement of the Division of Florida Land Sales, Condominiums and Mobile Homes, that section 718.115(2), Florida Statutes (1985), which became effective January 1, 1977, is applicable to the condominium units represented by the Association. Section 718.115(2) provides: Funds for the payment of common expenses shall be collected by assessments against unit owners in the proportions or percentages provided in the declaration....
...In a residential condominium, unit owners' shares of common expenses shall be in the same proportions as their ownership interest in the common elements. We reverse. We agree with the Association that article VI of the condominium declaration, which was adopted before section 718.115(2) came into effect, controls....
...nt and the smallest units being obligated for .46953 percent. Article VI was consistent with the condominium act when the declaration was recorded. At that time, section 711.14(2), Florida Statutes (1971), which was amended in 1977 and renumbered as section 718.115(2), provided only that: Funds for the payment of common expenses shall be assessed against unit owners in the proportions or percentages of sharing common expenses provided in the declaration. For two reasons, section 718.115(2) does not ipso facto have a retroactive effect upon the preexisting condominium declaration in this case....
...Second, even if the legislature had so provided, there would thereby have been an unconstitutional impairment of vested contract rights because, as we will explain, the declaration provides that an amendment to the declaration of the type represented by section 718.115(2) cannot be adopted in the manner by which appellees have argued, and the Division has ruled, it was adopted....
...Under the declaration, such an amendment can only be adopted by unanimous consent of all unit owners together with certain lienholders. The issue before us is one of contract interpretation whether the parties to the declaration agreed that a statutory amendment like that represented by section 718.115(2) would be incorporated into the condominium declaration as an amendment thereto....
...the Association as lawfully amended from time to time, shall govern this Condominium and the rights, duties and responsibilities of the owners of the Condominium Parcels therein. Thus, the appellees' argument goes, the legislative amendment putting section 718.115(2) into effect amended article VI of the declaration pursuant to article I(A)....
...e documents sought to be amended (escalation clauses in those cases), here the declaration specifically says in article VIII that the particular provisions sought to be amended (those of the type in article VI which would be amended by incorporating section 718.115(2) into the declaration) cannot be amended without a unanimous vote of all unit owners and certain lienholders, which did not occur....
...The declaration thus provides that the method of apportioning common expenses shall not be changed unless all concerned agreed. While unit owners consented in the declaration to the incorporation of amendments to the condominium act, they did not consent to section 718.115(2) as to the apportionment of common expenses....
...aration here does not otherwise so provide. We also do not agree with the appellees' argument that under the declaration amendments which have their derivation, pursuant to article I(A), from statutory amendments, such as that argued for pursuant to section 718.115(2), are to be in a different category from amendments voted upon by unit owners as provided in article VIII....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 856
...lative size of the unit. After the declaration was created, but before it was recorded, the law changed to require that the unit owners' shares of common expenses must be in the same proportion as their ownership interest in the common elements. See § 718.115(2), Fla. Stat. (1975). Subsequent litigation confirmed that the Association was required to assess unit owners in compliance with section 718.115(2)....
...In the meantime, the dissenting unit owners filed a motion to dismiss the reformation action and a motion to strike the condominium association as a proper party to the reformation action. The dissenting unit owners argued that pursuant to section
718.110(4) and section
718.115(2) no change to the percentage or ownership of the common elements can be accomplished without the consent of all unit owners....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 2011 Bankr. LEXIS 2867, 55 Bankr. Ct. Dec. (CRR) 66
...dency of a drawn-out foreclosure action. Coral Key,
32 So.3d at 196; U.S. Bank Nat'l Ass'n v. Tadmore,
23 So.3d 822 (Fla. 3d DCA 2009). OneWest asserts that section
718.116(1)(b) requires the same result in this case. OneWest also relies on sections
718.115 and
718.303 of the Condominium Act. Section
718.115 provides in relevant part that "funds for payment of the common expenses of a condominium shall be collected by assessments against the units in that condominium[,]" and that "Common expenses of a multicondominium association shall be funded by assessments against all unit owners in the association[.]" Fla. Stat. §
718.115(2) and (4)(a) (2010) (emphasis added)....
...Section
718.303(1) further provides that an action for failure to comply with the Condominium Act or the declaration may be brought by "the association or by a unit owner" against the association, a unit owner, certain directors, and tenants. OneWest argues that under sections
718.115 and
718.303, the Debtor may only bring an action for surcharge against a Unit owner, not a mortgagee....
...In this case, applying section
718.116(1)(b) would shield OneWest from being surcharged even if the requirements of § 506(c) are satisfied. The Supremacy Clause dictates a contrary result. Therefore, § 506(c) preempts Florida Statutes section
718.116(1)(b). Similarly, assuming that sections
718.115 and
718.303 limit a mortgagee's liability for assessments, § 506(c) preempts any such limitation....
...Additionally, as explained below, the Court finds that § 506(c) preempts the Condominium Act. For the same reasons, assuming Chapter 720 limits the Debtor's ability to surcharge OneWest, § 506(c) preempts any such limitation. [13] Preemption aside, the Court notes that OneWest's reliance on sections
718.115 and
718.303 is misplaced....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 6343, 2011 WL 1661408
...The declaration may provide that certain limited common elements shall be maintained by those entitled to use the limited common elements or that the association shall provide the maintenance, either as a common expense or with the cost shared only by those entitled to use the limited common elements. ... Section 718.115(l)(a) defines “Common expenses”: (l)(a) Common expenses include the expenses of the operation, maintenance, repair, replacement, or protection of the common elements and association property, costs of carrying out the powers and d...
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 16597, 2007 WL 779108
...Dynamic Cablevision rejected the cable provider's claim that the statute was violated when the condominium association refused to allow exterior wiring by a new cable provider and refused to pay the higher costs associated with the interior installation of the wiring. Additionally, Fla. Stat. § 718.115(1)(d) provides: If so provided in the declaration, the cost of a master antenna television system or duly franchised cable television service obtained pursuant to a bulk contract shall be deemed a common expense....
...2-3, 13.) The Court finds that these contract provisions do not violate plaintiff's statutory rights under Fla. Stat. §
718.1232. Indeed, Florida law specifically allows such contractual provisions by the condominium associations' board. Fla. Stat. §
718.115(1)(d) provides in part: If the declaration does not provide for the coat of a master antenna television system or duly franchised cable television service obtained under a bulk contract as a common expense, the board may enter into such a...
...oards agreed to an arrangement in which Comcast *1171 retained ownership of "all parts of the System installed by [Comcast]." Nothing in Fla. Stat. §
718.1232 prohibits this sort of agreement; in fact, such agreement is authorized by the Fla. Stat. §
718.115(1)(d) and Dynamic Cablevision....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 12098, 2011 WL 3300233
...Validity of Summary Judgment of Foreclosure The record demonstrates that no genuine issue of material fact exists as to the validity of the special assessment. A condominium association has the power to make and collect assessments for common expenses. See §§
718.111(4),
718.115(2), Fla....
...Stat. (2009). The common expenses of an association include expenses incurred in the operation, maintenance, repair or replacement of the common elements, and any other expense designated as a common expense by the association's declaration or bylaws. § 718.115(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 15475, 2005 WL 2396627
...“common expenses” is included in the definition of “assessments” in the Declaration. The focus on appeal has become the application and effect of certain statutory provisions apparently not brought to the trial court’s attention, including section
718.115(2) and section
718.110(11), Florida Statutes (2004)....
CopyPublished | Florida 1st District Court of Appeal
...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. Stat. (2017) (requiring a
declaration to include the shares of liability for common expenses);
§
718.115(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal
... the common elements.” Ocean Trail Unit Owners Ass’n, Inc. v. Mead,
650
So. 2d 4, 7 (Fla. 1994) (citing §
718.111(4), Fla. Stat.). In accord with this
principle, an association may levy a special assessment upon unit owners to
pay for common expenses. §
718.115(2), Fla....
...“Common expenses”
are statutorily defined to include “the expenses of the operation,
maintenance, repair, replacement, or protection of the common elements
and association property, [and the] costs of carrying out the powers and
duties of the association.” § 718.115(1)(a), Fla....
...a common expense of the condominium . . . .
§
718.111(11)(j), Fla. Stat.
Against this body of authority, it is evident that the Association was
entitled to specially assess those expenses necessary to restore “the
common elements and association property.” §
718.115(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12182
...he courses. Unit owners who did not use the courses paid nothing for their maintenance unless the greens fees failed to cover these expenses. The Division found the golf course expenses to be “common expenses” under the condominium documents and Section 718.115, Florida Statutes (1981), and ordered the Associations to assess each unit owner his proportionate share of these expenses and to cease collecting greens fees from unit owners....
CopyPublished | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 82225, 2011 WL 3169486
...Envoy Point Condo. Ass'n, Inc.,
455 So.2d 454, 455 (Fla. 2d DCA 1984); Boyer, supra, *562 § 190.11[6]. In fulfilling the duty to maintain the common elements, the board may assess the members for common expenses without a vote of the unit members. Section
718.115(1)(a), Florida Statutes, states that, "Common expenses include the expenses of the operation, maintenance, repair, replacement, or protection of the common elements and association property." Section
718.115(2) states that, "Except as otherwise provided in [the Condominium Act], funds for payment of the common expenses ......
CopyPublished | District Court, S.D. Florida | 2014 WL 28723, 2014 U.S. Dist. LEXIS 488
...nterest, late fees, collection costs and attorney’s fees are properly included under “common expenses” or “regular periodic assessments.” The court concludes that the answer is “no.” The term “common expenses” is defined broadly in section 718.115(l)(a) to encompass costs which benefit the condominium as a whole. Thus, common expenses include the costs “of the operation, maintenance, repair, replacement, or protection of the common elements .... ” § 718.115(l)(a), Fla. Stat. Examples include repairs to the roof, elevators or swimming pool. The necessity that the common expenses represent a benefit or burden to the condominium as a whole is underscored by section 718.115(2)’s requirement that “funds for payment of the common expenses ......
...fine was to punish [the offending unit owner] or to induce him to curb his perceived errant ways; the fine, like all fines, was directed at the offending party. Thus, the fine was not collectible from all the unit owners.” Id. at 1002 . Consequently, the fine failed to meet section 718.115(2)’s requirement for a common expense and, therefore, could not serve as a predicate for a lien foreclosure....
...ngress.”). Venue is proper because the cause of action accrued in Palm Beach County, Florida, located in the Southern District of Florida. See 28 U.S.C. § 1391 (b)(2). . See §§
718.104, ,112(l)(a), Fla. Stat. . §
718.112(2)(d)-(e), Fla. Stat. .§
718.115(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 196, 2009 WL 78015
...on and, on February 3, 2006, issued a Notice to Show Cause to the Association to refute the charge that in 2005 it assessed unit owners for common expenses at rates which differed from those set out in its Declaration of Condominium, in violation of section 718.115(2), Florida Statutes (2005)....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 72 U.C.C. Rep. Serv. 2d (West) 575, 22 Fla. L. Weekly Fed. B 257, 63 Collier Bankr. Cas. 2d 872, 2010 Bankr. LEXIS 185, 52 Bankr. Ct. Dec. (CRR) 197
...ciation which exceeds common expenses." Fla. Stat. §
718.103(10) (renumbered from Fla. Stat. § 711.03(6) (1971)). Florida law provides that common surplus is not an asset of the Association rather; it is an asset of the unit owners. See Fla. Stat. §
718.115(3) (renumbered from Fla....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18642
...able parties. The condominium association was the lessee of real property on which certain recreational facilities were constructed. The rent on the recreation lease was, without serious dispute, a common expense pursuant to the definition stated in Section 718.115, Florida Statutes (1981)....
...The plaintiffs asserted that this transaction violated the general condominium law, the declaration of condominium, and the condominium by-laws which all require that each unit owner bear a share of the common expenses proportionate to his or her ownership interest. Plaintiffs specifically relied upon Section
718.115(2), Florida Statutes (1981), and Section
718.116(8), Florida Statutes (1981)....
...The trial court properly found that the rent due on the recreation lease was a common expense based in part on its designation as such in the condominium documents. Having made that finding, the trial court erred in simply denying all relief to plaintiffs. Section 718.115(2), Florida Statutes (1981), states: (2)Funds for the payment of common expenses shall be collected by assessments against unit owners in the proportions or percentages provided in the declaration....
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
services is section
718.115, Florida Statutes, relating to common expenses. Pursuant to section
718.115(1)(a)
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 3, 1984 Fla. App. LEXIS 16143
...a “common expense.” The purpose of the fine was to punish Elbadramany or to induce him to curb his perceived errant ways; the fine, like all fines, was directed at the offending party. Thus, the fine was not collectible from all the unit owners. Section 718.115(2) of the Florida Statutes (1983) requires that funds for the payment of common expenses be collected by assessments against unit owners in proportion to their ownership interest in the common ele *1003 ments.. The fine is not collectible from all unit owners in proportion to their ownership interest, and therefore cannot be a common expense without violating section 718.115(2)....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 12525, 2009 WL 2601635
...intenance, or operation of the condominium. Comcast further argues that the legislature differentiated between “contracts for services” and those “contracts that provide for operation, maintenance, and management of a condominium.” Compare §§
718.115(1)(d),
718.301(4)(n), and
718.3025(4), Fla....
...the voting interests owned by the developer.... Comcast installed wires and lock boxes to provide cable television services to all the unit owners. By virtue of the agreement, Comcast operated and maintained the system that it installed. 3 Further, section 718.115(1)(d), Fla....
...rate contract is deemed a common expense. Section (1)(a) specifically provides that “[c]ommon expenses include the expenses of the operation, maintenance, repair, replacement, or protection of the common elements and association property .... ” § 718.115(1)(a), Fla....
