CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 8418, 2004 WL 1175221
...(emphasis supplied) These provisions have been part of Florida's condominium statute since 1976. See
718.303(1), Fla. Stat. (Supp.1976); Fla. Laws § .1, ch 76-222. They continued unchanged following the extensive legislative revisions of 1990 and 1991. A related provision was added in 1984 to section
718.301(5) not directly applicable in this case, but which is consistent with holding developer-appointed directors to a higher standard of care....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1992 WL 175096
...Lucie Club and Apartment Homes Condominium Association. In this action, the condominium associations of a project called the St. Lucie Club and the shareholders of a master association called the St. Lucie Club, Inc., sued the developers of that project under section 718.301, Florida Statutes (1989)....
...However, the record is replete with evidence that appellants had ample notice of each and every single item of property that would be at issue in this case. Count I of the Amended Complaint sought turnover of control of the Master Association from Alternative pursuant to section 718.301, Florida Statutes, which provides that upon turnover of control, the developer must transfer all property belonging to the master association....
...First, the court must have jurisdictional authority to adjudicate the case and over the land that is the subject matter of the controversy. Id. at 415. At bar, the subject properties are located in Martin County, Florida, and the action was brought in Martin County, Florida, pursuant to section 718.301, which required transfer of the property under these facts....
...Condo. Ass'n. (The Tower), Inc.,
418 So.2d 1190 (Fla. 4th DCA 1982). As to appellants' fifth point on appeal, in which they argue that the trial court erred when it found that Mr. Simmons was not an "independent certified *827 public accountant" under section
718.301(5)(c), Florida Statutes, we are aware of no authority, and appellants have provided none, which holds that the Code of Professional Conduct for Accountants is binding on the trial court....
...torney's fees under section
718.302(6). In their offer of judgment, appellants offered to surrender corporate control of the Master Association, but did not offer to give up control of the properties now adjudged to belong to the Master Association. Section
718.301 deals with the transfer of condominium association control to the unit owners from the developer; section
718.301(4) provides in pertinent part: [T]he developer shall deliver to the association, at the developer's expense, all property of the unit owners and of the association which is held or controlled by the developer, including, but not limit...
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1998 WL 390537
...As summary judgment should not have been entered on the basis of the developer's defense of release, we reverse. In 1989 and 1990, the appellee developer Arvida/JMB Partners, L.P., turned over control of the nine condominium associations to the unit owners. See § 718.301, Fla....
...ntrol of the association, and that the developer gave no consideration for the releases. The associations correctly point out that transfer of association control is regulated by statute and that there is no requirement for releases to be given. See § 718.301, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2012 WL 6602858, 2012 Fla. App. LEXIS 21682
...maining parking spaces and storage spaces to one of its unsold units, Penthouse Unit Number 7. Two weeks later, on July 31, 2006, the Developer turned over control of the Association to the purchasing unit owners (“Turnover”), as contemplated by section 718.301, Florida Statutes (2004)....
CopyCited 3 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 615
...Homeowners' Association is a condominium association governed by the provisions of the Condominium Act, thereby enabling the unit owners to elect no less than one-third of the membership of the homeowners' association board of directors pursuant to section 718.301(1), Florida Statutes (1983)....
...des, it eventually could include owners of non-condominium dwelling units, if such units are constructed. Before the Division, Siegel asserted that the homeowners' association is a condominium association that should be governed by the provisions of section 718.301....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Before SCHWARTZ, C.J., and DANIEL S. PEARSON [*] and FERGUSON, JJ. FERGUSON, Judge. Appellant, on behalf of himself and other unit owners of Towers of Quayside No. 2 Condominium, sought a declaration that the unit owners are entitled by law, pursuant to Section 718.301, Florida Statutes (1983), [1] to elect no less than one-third of *415 the members of the board of directors of the Towers of Quayside Homeowners' Association, Inc....
...nned units. The unbuilt units are not subject to assessment. Appellant has determined that more than 148 of the 984 planned units have been sold to unit owners, which amounts to more than 15% of the planned units within the Quayside community. Under Section 718.301(1), the unit owners allegedly are entitled to elect no less than one-third of the members of the board of directors of the Homeowners' Association....
...The Division's holding that "since the Towers of Quayside Homeowners' Association, Inc. is not the entity responsible for the operation of any condominium property, it is not an association within the meaning of the Condominium Act and specifically Section 718.301, Florida Statutes" is not supportable in fact or law....
...Applying, appropriately, both the constituency test advanced by appellant, and the function test embraced by appellees, we conclude that the Homeowners' Association is a condominium "association" within the meaning of Section
718.103(2), subject to ultimate control by unit owners in accordance with Section
718.301. Reversed. NOTES [*] Judge Pearson did not hear oral argument. [1] Section
718.301(1) provides in pertinent part: When unit owners other than the developer own 15 percent or more of the units in a condominium that will be operated ultimately by an association, the unit owners other than the developer shall be entitl...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1999 WL 9784
...embers of the board of administration. This statute recognizes the practical reality that in the initial stage of condominium development, it is the developer who has the right to name the board of administration for the condominium association. See § 718.301, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 135530
...y violations. Count IV, which was upheld by the trial court and which is not a subject in this appeal, was brought under the authority contained in Section
718.302(6), Florida Statutes (1987), to compel the developer to comply with the provisions of Section
718.301, Florida Statutes (1987)....
...The order is AFFIRMED in regard to the dismissal with prejudice of Counts I, III and V; however, it is REVERSED as to the dismissal of Count II, and the cause is REMANDED for further consistent proceedings. SHIVERS, C.J. and JOANOS, J., concur. NOTES [1] Section 718.301(4) requires the developer, upon relinquishment of control to the unit owners, to deliver specific items to the association, such as the declaration of condominium, articles of incorporation, by-laws, minute books, and house rules and regulations....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 6433
...a, Division of Florida Land Sales, Condominiums and Mobile Homes (Division). Appellants raise the following issues for our review: (1) Whether the Division's declaratory statement should be rejected because its interpretation of sections
718.103 and
718.301, Florida Statutes, yields an absurd result; (2) whether the Division's declaratory statement should be rejected because its interpretation of sections
718.103 and
718.301, Florida Statutes, violates the privileges and immunities clause of the United States Constitution; and, (3) whether the Division incorrectly overruled the legal conclusions of the hearing officer with respect to control of the condominium association....
...limited partnerships) to be developers within the definition of section
718.103(14), Florida Statutes (1985), [1] and 2) ordering appellants as developers to turn over control of the board of administration of the condominium association pursuant to section
718.301, Florida Statutes (1985)....
...per still owns units for sale in the condominium. Also, the hearing officer concluded that, because the original developer still offered condominium units for sale, the turn over of the association from developer control was not required pursuant to section 718.301, Florida Statutes. In its final order, the Division rejected these conclusions of law and ruled that the 1984 turn over of control pursuant to section 718.301 could be required regardless of whether the original developer still owned units for sale. Further, the Division concluded, pursuant to section 718.301(1) Florida Statutes, that appellants were not entitled to control since appellants were not offering units for sale in the ordinary course of business. The Division concluded that section 718.301 was designed to insure that unit owners, other than a developer, would ultimately be entitled to control their own affairs. We affirm the findings of the Division in its final declaratory order. This case poses solely a question of the interpretation and application of section 718.301, Florida Statutes to the facts involved....
...James Sherry, testified that all of the partners planned to sell their units "eventually" in order to recoup the equity accrued. Therefore, the joint intervenors are not developers in the regular business of selling their units. We agree with Division's argument that section 718.301(1)(c) and (d) Florida Statutes, clearly provides on its face that unit owners other than the developers are entitled to elect no less than the majority of the members of the board: (c) When all of the units that will be operated ultim...
..., with respect to filing documents with the Division, does not require, as appellants suggest, that the qualifier apply to all other provisions regarding developer in the statute. Had the legislature wanted to qualify developers by lease duration in section
718.301 Florida Statutes, it could have easily inserted the same terms it used in section
718.502(1)....
...Therefore, according to appellants' suggested interpretation (as well as the hearing officer's recommended order), where "developer" includes original developer and transfer cannot occur if the original developer still owns units, transfer of control could never occur under sections 718.301(1)(a), (b), (c) and (d)....
...Further, we find that the Florida legislature built into the statute safeguards to protect the developer's interests in their investments even after transfer of control, contrary to appellants' argument. For those developers that are in the regular business of selling their units, and who still have units for sale, section 718.301(3)(b) Florida Statutes, provides that the association must obtain the developer's approval in writing before it can pursue an action that might be detrimental to the sales of the developer's units....
...See also Department of Insurance v. Southeast Volusia Hospital District,
438 So.2d 815 (Fla. 1983), appeal dismissed,
466 U.S. 901,
104 S.Ct. 1673,
80 L.Ed.2d 149 (1984). We affirm the Division director's determination that in order to implement the legislative intent of section
718.301 entitled TRANSFER OF ASSOCIATION CONTROL, the word "developer" in this section should be interpreted to mean "subsequent developer", which accurately describes appellants....
...ers if, following the conversion, the unit owners will be the same persons who were unit owners of the cooperative and no units are offered for sale or lease to the public as part of the plan of conversion. (emphasis supplied). [2] In pertinent part Section 718.301 Florida Statutes (1985) provides: 718.301 Transfer of association control....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2254680
...One year after closing, a corrective warranty deed was recorded substituting Rocabe, Inc., for Roca, Inc. The Bellinis are the majority owners of Rocabe, Inc. [2] With the added wrinkle of the statutorily mandated transfer of control of the condominium association. See § 718.301, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 12173
..."At the time that unit owners other than the developer elect a majority of
the members of the board of administration of an association, the developer shall
relinquish control of the association, and the unit owners shall accept control." §
718.301(4)....
...And
prior to the developer relinquishing control of the association, actions taken by a
member of the board of administration designated by the developer are considered to
be actions taken by the developer, and the developer is responsible to the association
and its members for all such actions. § 718.301(6); see also 10 Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...Board of Public Instruction,
244 So.2d 463 (Fla. 4th DCA 1971); Leithauser v. Harrison,
168 So.2d 95 (Fla. 2d DCA 1964). The majority opinion misses the point in this case. Petitioner alleged that respondent failed to account for assets and did not turn over the documents and funds required by section
718.301, Florida Statutes (1981). Proof that a year after the turnover respondent had these assets in its possession would be highly relevant and persuasive. Section
718.301(4), Florida Statutes (1981), provides a list of items that a developer who is relinquishing control of the association must deliver to the association, if applicable, including "[t]he financial records, including financial statements of the association, and source documents since the date of incorporation of the association through the date of turnover." §
718.301(4)(c), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...the function test embraced by appellees, we conclude that the Homeowners’
Association is a condominium ‘association’ within the meaning of Section
11
718.103(2), subject to ultimate control by unit owners in accordance with Section
718.301.”)....
CopyPublished | Florida 1st District Court of Appeal
...and fees payable
by the unit owners and that the amount of dues and fees could be changed solely at
the Club’s discretion without prior notice.
The date of “turnover,” as defined by the declaration in article 1(y) and as
described in section 718.301(4), Florida Statutes, was not definitively established.
1
“Club” was defined in the declaration, Art....
CopyPublished | District Court of Appeal of Florida
control of the Association to the unit owners. See §
718.301, Fla. Stat. The original complaint was
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 689, 1987 Fla. App. LEXIS 7078
section 4(d)(2) of the condominium bylaws [and section 718.-301(3), Florida Statutes (1981) ] prohibit the
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13903
FERGUSON, Judge. Appellant, on behalf of himself and other unit owners of Towers of Quayside No. 2 Condominium, sought a declaration that the unit owners are entitled by law, pursuant to Section 718.301, Florida Statutes (1983), 1 to elect no less than one-third of *415 the members of the board of directors of the Towers of Quayside Homeowners’ Association, Inc....
...nned units. The unbuilt units are not subject to assessment. Appellant has determined that more than 148 of the 984 planned units have been sold to unit owners, which amounts to more than 15% of the planned units within the Quayside community. Under Section 718.301(1), the unit owners allegedly are entitled to elect no less than one-third of the members of the board of directors of the Homeowners’ Association....
...The Division’s holding that “since the Towers of Quayside Homeowners’ Association, Inc. is not the entity responsible for the operation of any condominium property, it is not an association within the meaning of the Condominium Act and specifically Section 718.301, Florida Statutes” is not supportable in fact or law....
...Applying, appropriately, both the constituency test advanced by appellant, and the function test embraced by appellees, we conclude that the Homeowners’ Association is a condominium “association” within the meaning of Section
718.103(2), subject to ultimate control by unit owners in accordance with Section
718.301. Reversed. . Section
718.301(1) provides in pertinent part: When unit owners other than the developer own 15 percent or more of the units in a condominium that will be operated ultimately *415 by an association, the unit owners other than the developer shall be e...
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 179, 1988 Fla. App. LEXIS 66, 1988 WL 978
Condominiums and Mobile Homes (Division) interpreting section 718.-301(l)(a), Florida Statutes (1985). The statute
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8502, 1992 WL 185795
...However, ECA did not notify RCA nor seek its joinder in the amendment. ECA took the position that RCA’s joinder was not required because RCA no longer qualified as a “developer” of the Escondido Condominium since it held no units for sale or lease in the ordinary course of business. ECA relied on section 718.301(3), Florida Statutes (1979), which provides: If a developer holds units for sale in the ordinary course of business, none of the following actions may be taken without approval in writing by the developer: (a) Assessment of the developer as a unit owner for capital improvements....
...it for his own occupancy, (emphasis added). And RCA noted it is specifically designated as the “Developer” pursuant to Article I(j) of the Escondido Condominium Declaration. 3 It seems to us that RCA has the better argument. The language used in section
718.301(3) and section
718.103(13) (1979) do not settle the issue involved in this case....
...aration. They are similar to Article XVII of the Escondido Declaration, but not identical, since arguably they apply only if a developer is currently holding “units for sale in the ordinary course of business.” But, in no manner can we read into section 718.301(3) a prohibition against affording greater protections to a developer in applicable condominium documents....
...Similarly, the definition of a developer in section
718.103(13) encompasses RCA. RCA, without dispute, created the condominium in this case even though it now holds no completed unit for sale. But by itself, this section gives RCA no more rights than section
718.301(3) or some other statute might provide....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20995
...While still under the control of the developers, the board of directors amended the articles of incorporation and the by-laws to extend developer control by adopting the provisions of Section 711.66, Florida Statutes (Supp.1974) (effective October 1, 1974) (renumbered Section 718.301, Florida Statutes (1981))....
