CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...Four of the counts sought termination of the contracts under some specific provision of the Florida Statutes as follows: 1. In Count I on cancellation of the contract by a vote of 75% of the unit owners under the circumstances specified in Section 711.66(5)(a), Florida Statutes (now § 718.302(a)). 2. In Count II on the unreasonableness or unfairness of the management contract as permitted by Section 711.66(5)(e), Florida Statutes (now § 718.302(2)). 3. In Count IV on the inclusion of an escalation clause of the type prohibited by Section 711.231, Florida Statutes (now § 718.302(3))....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1992 WL 175096
...accountant. ATTORNEY'S FEES This court permitted the parties to file supplemental briefs on the issue of attorney's fees. As to the first issue, we agree with the trial court and hold that appellees were entitled to an award of attorney's fees under section 718.302(6)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...ned therein would run with the land only during the term of the agreement, asserts that the Thackers' "right" to pay only one monthly management fee expired when the Association and BMC terminated the agreement in 1978. The Thackers, however, citing section 718.302(1)(a), Florida Statutes (1977), contend that the decision of whether to terminate a management agreement made by an association prior to assumption of control of the association by unit owners other than the developer [1] rests solely with unit owners other than the developer, not the association's board of directors. Section 718.302(1)(a) reads in relevant part: 718.302 Agreements Entered into by the Association....
...of the units in the condominium, the cancellation shall be by concurrence *645 of the owners of not less than 75 percent of the units other than the units owned by the developer. .. . (Emphasis added) We believe that the Thackers' interpretation of section 718.302(1)(a) is unrealistic in light of the fact that the Association, through its Board of Directors, is vested with the power under other relevant statutes and pertinent by-laws of the condominium to deal with matters relating to management of the condominium....
...The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association... . Section 3. Management Agent. The Board of Directors may employ for the Association a management agent . .. to perform such duties, services and powers as the Board shall authorize... . In sum, section 718.302(1)(a) does not preclude the board of administration of an association from terminating such a management agreement....
...Hence, they are precluded from raising it on appeal. Accordingly, the decision below is reversed in all respects. [2] REVERSED. OTT, C.J., and LEHAN, J., concur. NOTES [1] Were it not for the fact that the Association does not argue otherwise, we would question whether section 718.302(1)(a) is even applicable here since, based upon the facts before us, it appears that the original management agreement was executed after assumption of control of the condominium by unit owners other than the developer....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...ed by appellant, or was unfair or unreasonable. The trial court ruled, and we agree, that it was unnecessary for the association to prove breach of contract, or that it was unfair or unreasonable, in order to exercise the right of cancellation under Section 718.302, Florida Statutes (1981)....
...ct with the association. At the final hearing before the trial judge there was no proof of any breach of contract by appellant, nor was there any contention that the contract was not fair and reasonable. Appellee relied solely upon the provisions of Section 718.302, Florida Statutes (1981), as giving it the right to cancel the contract. The statute, in pertinent part, provides: 718.302 Agreements entered into by the association....
...w contracts by the association. The intent of the Legislature to confer upon unit owners other than the developer cancellation rights in addition to rights they would have under ordinary contract law is apparent from a reading of other provisions of Section 718.302(1)....
...and form a part of the contract as if they were expressly incorporated into it. See, State v. Coral Gables,
72 So.2d 48 (Fla. 1954); 10 Fla. Jur.2d, Constitutional Law, § 315. Any attempt to retroactively apply the cancellation rights conferred by Section
718.302 to existing contracts would, however, be constitutionally suspect....
...Appellant suggests without citation of particular constitutional provisions or case authority, that although the Legislature might have the authority to confer the right of cancellation of a contract and thus eliminate the remedy of specific performance (an interpretation of Section 718.302 urged by appellant, cf., Point East One Condominium v....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Caruso, P.A., West Palm Beach, and J. Michael Burman of Slawson, Burman & Critton, North Palm Beach, for appellees. Rehearing and/or Certification, and Rehearing En Banc Denied November 3, 1993. WARNER, Judge. This is an appeal of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to certain long term leases and Master Management Agreements entered into by condominium unit owners, thus precluding the unit owners from exercising control over the maintenance and operation of certain community services and recreational facilities....
...The appellants comprise sixteen condominium associations located in Century Village West in Boca Raton. They will be collectively referred to as the Associations. The complex contains over 5,000 residential units constructed and sold between 1979 and 1984. At the time the units were submitted to condominium ownership section 718.302(1), Florida Statutes provided: (1) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the devel...
...s to the unit owners. It provided a mechanism for the owners to take back control of their condominiums when the developer had sold over 75% of its units. The developers of Century Village West were aware of and took into consideration the impact of 718.302 in writing its documents....
...n and management of the recreational facilities by the lessor under the long term lease. Additionally, the associations sued to cancel the MMA claiming that 75% of the members of each Association had voted to cancel the agreements in accordance with section 718.302(1)(d), Florida Statutes....
...The developer and its subsidiaries refused to honor the cancellation. On motion for summary judgment the trial court determined that since each unit owner was a direct signatory to the lease agreement and management agreement, the cancellation procedures of section 718.302 did not apply, as the statute only applied to contracts between the association and a third party....
...onducted by the condominium association. Sections
718.103(18);
718.111(1)(a), Fla. Stat. The act further provides for transfer of control of the association from the developer to the unit owners, and in order to promote autonomy for the unit owners, section
718.302, Florida Statutes, provides that grants, reservations, and contracts entered into by the Association providing for the operation and maintenance of the condominium property or property serving the unit owners of a condominium may be cancelled by a 75% vote of the Association members....
...ely the developer. It provides in its terms for the complete operation and maintenance of these facilities by the lessor. Thus, contrary to the finding of the trial court the operation and maintenance provisions of the lease come within the ambit of section 718.302(1) and are subject to the cancellation provision of section (d)....
...of the §
718.111(1)(a), Florida Statutes (1991). Therefore, a reservation in the declaration that provides for the operation of the condominium association or property serving the condominium, which the MMA clearly does, is *232 within the ambit of section
718.302, Florida Statutes as it is a "grant or reservation made by a declaration ... that provides for operation, maintenance or management of a condominium association or property serving the unit owners." Section
718.302(1)....
...versely affect the purpose of the provision. Section
718.303(2), Fla. Stat. The scheme created by the developer and his subsidiary corporations to contract individually with each owner appears directly tailored to avoid the cancellation rights under
718.302(1)(d)....
...act binding the owner to this form of management of their community and that contract principles govern. However, as in Tri-Properties v. Moonspinner Condominium Association,
447 So.2d 965 (Fla. 1st DCA 1984), the First District said with respect to section
718.302: The intent of the Legislature to confer upon unit owners other than the developer, cancellation rights in addition to rights they would have under ordinary contract law is apparent... . The developer/lessor and Master Management Firm entered into the leases and agreements with full knowledge of the cancellation provisions of
718.302 and the anti-waiver provisions of
718.303(2)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...We are aware of the fact that MAS is not a federally regulated public utility, but the evidence shows that MAS holds a county license to operate as a cable TV utility. However, the Association effectively exercised its statutory rights to terminate any of its agreements with MAS pursuant to Section 718.302, Florida Statutes (1983)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 135530
...tion and the management company at a time when the developer held a controlling interest in the association. Appellant alleged that the management company breached the management contract, that the contract was not fair and reasonable as required by Section 718.302(4), Florida Statutes (1987), and that the terms of the contract conflicted with the powers and duties of the association and the rights of the unit owners in violation of Section 718.302(3), Florida Statutes (1987). Count II sought damages for breach of contract against the management company. This count also contained allegations that the contract violated sections 718.302(4) and 718.302(3)....
...Count III sought the appointment of a receiver, because appellant's assets were allegedly being wasted and improperly managed as a result of the aforesaid breach and statutory 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)....
...Initially, we affirm the dismissal with prejudice of both Counts III and V, because adequate remedies at law exist, as explained below. We affirm the dismissal of Count I with prejudice. Neither the terms of the contract relied upon by appellant [2] nor section *276 718.302 [3] provide appellant with a cause of action for termination of the management contract....
...nce on the part of the Contractor" so that it may safely terminate the contract under its express terms, [4] or in the alternative, to determine whether the contract is unfair and unreasonable so that it may safely terminate the contract pursuant to section 718.302....
...inium, and the breach of those duties. As such, the allegations represent a prima facie case of breach of contract. Although the count also contains some superfluous allegations (including that the contract is unfair and unreasonable in violation of section 718.302(4) and that it is in conflict with the unit owners' rights in violation of section 718.302(3)), the pleading is nonetheless sufficient....
...uilding or buildings of THE BREAKERS voting in person at a regular or special meeting called for that purpose by the Association. (2) Because of proven circumstances involving negligence, misfeasance or malfeasance on the part of the Contractor. [3] Section 718.302, Florida Statutes (1987), provides in part: (1) [A]ny contract made by an association prior to assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management o...
...[4] Generally speaking, parties competent to enter into a contract can as validly agree to terminate or discharge it as they could agree to make it originally. 11 Fla.Jur. 2d Contracts § 161 (1979). Here the express provisions of the contract dictate how a party may terminate the contract. [5] The purpose of section 718.302 is to provide a means by which unit owners may terminate contracts when the board of directors of an association refuses or neglects to terminate such an agreement....
...Beach, Inc. v. Thacker,
431 So.2d 641, 645 (Fla. 2d DCA), review dismissed,
438 So.2d 834 (Fla. 1983). It is unnecessary to prove breach of contract or that the contract is unfair and unreasonable in order to exercise the right of termination under section
718.302....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1980 Fla. App. LEXIS 15528
...No doubt the Holiday Out decision explains why the lot owners did not allege an unreasonable restraint on alienation in this case. Thus there is no occasion for us to revisit Holiday Out for that issue is not now before us. Nor do the affirmative defenses suggest the provision is unconscionable under Section 718.302(2), Florida Statutes (1977)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 1215, 1990 WL 17494
...The lease was entered into in 1983, prior to assumption of control of the condominium association by the unit owners. In February, 1988 control of the condominium association was turned over to the unit owners. Later that year, Waterside terminated the lease. See § 718.302, Fla....
...As the matter was properly before the circuit court, it follows that the appeal lies in this court and that the appellate division was correct in transferring the appeal to our court. With regard to the merits, first, we agree with the trial court that an action under section
718.302, Florida Statutes (1987), is an action for possession of real property within the meaning of subsection
34.011(2), Florida Statutes (1987), which is within the county court jurisdiction....
...ners. At the time the A-One contract was entered into, the two bankruptcy trustees comprised a majority of the board of directors. A-One argues that the board of directors had passed beyond the control of the developer, and therefore the remedies of section 718.302 are unavailable. We disagree. The bankruptcy trustees had simply stepped into the shoes of the developer for purposes of section 718.302....
...as stated herein [seven years] or, if not enforceable, the maximum term permitted under applicable law at the time of commencement, or as subsequently amended, whichever is the greater. Entire Agreement subject to provision [sic] of Florida Statute 718.302... . (Emphasis added). By virtue of the quoted language, the parties incorporated into the contract the provisions of section 718.302, Florida Statutes (1983). Insofar as applicable here, paragraph 718.302(1)(a) set forth a general rule which allowed the termination of a contract once the association was turned over to the unit owners. To this rule there was an exception, for leases *593 of "vending equipment to be used in common by unit owners ... at the condominium property." If the vending equipment lease met the criteria set forth in paragraph 718.302(1)(e), then the lease would be enforceable for a term of four years, and could only be cancelled after expiration of the four years....
...the condominium act), cert. denied,
466 U.S. 927,
104 S.Ct. 1710,
80 L.Ed.2d 183 (1984). Here, the parties agreed to be bound by future amendments to the extent that the future amendments made the term of enforceability longer than that permitted by section
718.302(1)(e), Florida Statutes (1983). As a procedural matter, Waterside terminated the lease and brought the action for eviction. In order to escape the general termination provision of paragraph
718.302(1)(a), Fla. Stat. (Supp. 1984), it was incumbent on A-One to plead, as an affirmative defense, the applicability of the vending machine exception, paragraph
718.302(1)(e)....
...Mercy Hospital,
386 So.2d 42 (Fla. 3d DCA 1980) (affirmative defenses not appearing on face of complaint must be pled in an answer). This A-One did. At trial, after Waterside had made its prima facie case, the burden was on A-One to prove the elements of paragraph
718.302(1)(e) as its affirmative defense....
...er of the vending equipment is obligated to make periodic inspections (not less frequently than monthly) and to ensure that all of the same remain in good working order"; and that the "agreement contains the entire understanding of the parties... ." § 718.302(1)(e)1 a-f, Fla. Stat. (Supp. 1984). A-One was also obliged to show that it satisfied the service standards set forth in subparagraph 718.302(1)(e)2. In the event that any of the statutory criteria were not met, then the A-One lease would not qualify under the vending machine exception, and the general termination provision of paragraph 718.302(1)(a) would apply....
...ense. See, e.g., Wagner v. Wagner,
196 So.2d 453, 454 (Fla. 4th DCA 1967). Moreover, a number of the enumerated statutory criteria depend on information which is much more likely to be within the knowledge of the lessee rather than the lessor, e.g., §
718.302(1)(e)1 b; see Ferry-Morse Seed Co....
CopyPublished | Florida 4th District Court of Appeal | 1987 Fla. App. LEXIS 12219, 12 Fla. L. Weekly 2352
LETTS, Judge. Before us is the question of whether a condominium association, under section 718.302, Florida Statutes (1985), can cancel recorded easements granted by the developer to third parties prior to, or simultaneously with, the creation of the association and referred to in the declaration. The trial judge held that section 718.302 was inapplicable....
...Inc. v. Perlman,
493 So.2d 1128 (Fla. 4th DCA 1986). Standard real estate easements recorded in the public records by the developer, referred to in the declaration and prior to any unit sales, are not cancellable by a later formed association under Section
718.302, which statutory provision is clearly only directed toward contracts for vending machines, management and the like....
...easement was granted. Section
718.111(10), Florida Statutes (1985). Proeedurally, we confess to being less than happy that the solution to this controversy was predicated upon the grant of a motion in limine which excluded any evidence pertinent to Section
718.302. However, a prior motion for summary judgment on this issue, together with the pretrial stipulation makes it obvious that the condominium association was not taken by surprise and that the applicability of Section
718.302 constituted the gravamen of what we now review. Moreover, it is clear that the trial judge, as a matter of law, was correct in holding Section
718.302 inapplicable....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 12818, 2009 WL 2762686
MAY, J. Amidst tennis courts and the ocean, a condominium association appeals a final judgment in favor of its lessee. It argues the trial court erred in finding the association time-barred from cancelling a lease, pursuant to section 718.302, Florida Statutes (1977). On cross-appeal, the lessee argues that a predecessor judge erred in denying its motion for partial summary judgment on the application of section 718.302 to the lease, which was entered into before the statute was enacted....
...ration of the Tennis Club. The association filed an “Amended Complaint for Declaratory Judgment Pursuant to Fla. Stat. §
86.011 Et Seq.” It sought a declaration that the lease was unfair and unreasonable, and subject to cancellation pursuant to section
718.302(l)(c), Florida Statutes....
...cause of its execution of the landlord’s consent and estoppel to the assignment of the lease. A predecessor judge denied the motion and entered an order, in which he concluded that allowing estoppel of the association’s cancellation rights under section
718.302 would be “tantamount to a waiver of those rights,” something prohibited by section
718.303(2), Florida Statutes, and Ainslie at Century Village Condominium Assn....
...The case proceeded to trial before the successor judge. Relying upon the predecessor judge’s order, the successor judge entered a final judgment for the association. The trial court found that the unit owners must exercise their right of cancellation in a reasonable time even though section 718.302(1) does not contain a time limit....
...ted by the association. It is from this final judgment, the association appeals; the lessee cross-appeals the order entered by the predecessor judge. We find the issue raised on cross-appeal to be dispositive. On cross-appeal, the lessee argues that section
718.302, Florida Statutes, does not apply because the statute was not in effect when the association entered into the lease agreement. Applying a de novo standard of review, we agree and affirm the judgment for the lessee under the Tipsy Coachman rule. See Strod v. Lewenstark,
958 So.2d 1138, 1139 (Fla. 4th DCA 2007). The issue to be resolved is whether section
718.302 can be applied to the lease....
...Even if the legislature intends for the statute to apply retroactively, it cannot be applied where it impairs “the obligation of contract under Article I, Section 10 of both the United States and Florida Constitutions.” Id. at 818 . Here, the lease was entered into in December 1976. Section 718.302 became effective in 1977. Applying it to this lease would be impermissibly retroactive. The association does not dispute that section 718.302(1) cannot be applied retroactively....
...te of the statute. To do so would run afoul of the constitutional provisions prohibiting the impairment of contracts. See Cove Club Investors, Ltd. v. Sandalfoot S. One, Inc.,
438 So.2d 354, 356 (Fla.1983). In sum, to apply the cancellation right in section
718.302 to a lease entered into prior to its enactment would be retroactive, and impermissibly impair the obligation of the contract. Because section
718.302 cannot be applied retroactively, the association never had the right to cancel the contract pursuant to the statute. 2 The predecessor judge erred in holding that section
718.302(1) applied to the lease....
CopyPublished | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2000, 1986 Fla. App. LEXIS 9705
to cancel the easement rights pursuant to section
718.302, Florida Statutes (1983). The Congregation
CopyPublished | Florida 3rd District Court of Appeal
...11
presentation if it is to be considered preserved.”). Thus, the Association’s
argument relating to section
718.122 was not preserved for appellate review.8
Furthering its unconscionability argument, the Association asserts that
section
718.302, Florida Statutes (2021), entitled, “Agreements entered into by
the association,” can be the basis for a declaratory judgment that the terms of
the REA and the Declaration are unconscionable....
...Residences at Sloan's Curve, Inc.,
513 So. 2d
1324, 1325 (Fla. 4th DCA 1987) (“Standard real estate easements recorded in
the public records by the developer, referred to in the declaration and prior to
any unit sales, are not cancellable by a later formed association under Section
718.302, which statutory provision is clearly only directed toward contracts for
vending machines, management and the like.”).
12
novo review of the declaratory relief claims, we conclude summary ju...
CopyPublished | Court of Appeals for the Eleventh Circuit
...PART 718 CLAIM The AU concluded that Jordan had demonstrated the existence of pneumoconiosis through x-ray evidence and that, because he had worked more than ten years in a coal mine, Jordan was entitled to the presumption that the pneumoconsiosis arose out of his coal mine employment. See 20 C.F.R. § 718.302 ....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 598, 1986 Fla. App. LEXIS 6723
...It was these increases in coinage rates that propelled the Association to seek a declaratory judgment against Wash-Bowl relative to the laundry space lease. The complaint, consisting of two counts, was filed May 4, 1984. The first count alleged that the lease agreement violated the provisions of section 718.3025, Florida Statutes (1985), and the second count alleged that the lease agreement was in violation of section 718.302(2), Florida Statutes (1983)....
...nd count. The court ruled that the lease agreement was unenforceable as it was in violation of Chapter 718 of the Condominium Act, and entered a final judgment to that effect. The issues presented for our consideration under count I are: (1) whether section 718.3025, Florida Statutes (1985), applies to laundry space leases; (2) whether WashBowl complied with the statute as much as was practicable given the purported distinctions between a laundry space lease and an agreement for operation, maintenance or management; (3) whether the Association’s acceptance of the lease for over two years prohibits it from contesting the lease’s compliance with the statute; and (4) whether section 718.3025, Florida Statutes, is unconstitutional on its face and as applied. We will consider the issues raised seri-atim. Section 718.3025, Florida Statutes, places certain minimum requirements on contracts executed between condominium associations and parties contracting to provide for the “operation, maintenance, or management of a condominium association or propert...
...providing service to the association. (e) Discloses any financial or ownership interest which the developer, if the developer is in control of the association, holds with regard to the party contracting to provide maintenance or management services. § 718.3025(1), Fla.Stat. (1985). Wash-Bowl contends that the requirements of the statute do not logically relate to laundry space leases. We do not *1310 agree. Although no Florida cases have interpreted section 718.3025, Florida Statutes, we believe laundry space leases fall under its purview. First, it seems to be clear that the language “property serving the unit owners” covers washers and dryers which are available for use by all owners. § 718.3025(1), Fla.Stat....
...Second, we are asked to decide whether Wash-Bowl complied with the statute as much as was practicable given the differences between a laundry space lease and a contract for the operation, maintenance or management of property serving the unit owners. Wash-Bowl failed to comply with section 718.3025(l)(b), (c), and (d), Florida Statutes....
...§ 718.-3025(l)(e), Fla.Stat. We see no reason why preventive maintenance and coin collection schedules could not be prescribed by agreement. Lastly, Wash-Bowl failed to specify the minimum number of personnel to be employed to perform these services. § 718.3025(l)(d), Fla.Stat....
...Mere time delay is insufficient to support a defense of waiver. O’Brien v. O’Brien,
424 So.2d at 971 ; Mercede v. Mercede Park Italian Restaurant, Inc.,
392 So.2d 997 (Fla.4th DCA 1981). Therefore, we find that the Association did not waive its right to object to the lease under section
718.3025, Florida Statutes. Whether the Association’s acceptance of the benefits of the lease for over two years estops it from raising the invalidity of the lease under section
718.3025, Florida Statutes, is our next question....
...aw. In those cases the public policy behind the statute was not impaired since no question was raised as to whether the party had, in fact, signed the lease. 3 The claimed invalidity was merely technical. In the case at bar, the public policy behind section 718.3025, Florida Statutes, to insure that certain condominium association contracts meet minimum standards, would be totally eroded if the condominium association could be estopped from asserting the contract’s failure to conform to the statute....
...Since there is no allegation that a third party without authority entered into the lease on the Association’s behalf, ratification is inapposite to the facts of the case. Finally, we do not find it necessary to respond in detail to the question whether section 718.3025, Florida Statutes, is unconstitutional on its face and as applied....
CopyPublished | Florida 3rd District Court of Appeal
...their application, in violation of public policy, or that they abrogate some fundamental constitutional right' ") (quoting Hidden Harbour Estates, Inc. v. Basso ,
393 So.2d 637 , 639-40 (Fla. 4th DCA 1981) ) (additional citations omitted). See also §
718.302(3), Fla....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 5968, 1993 WL 182518
WARNER, Judge. This is an appeal of a final summary judgment determining section 718.302, Florida Statutes (1979) does not apply to certain long term leases and Master Management Agreements entered into by condominium unit owners, thus precluding the unit owners from exercising control over the maintenance and operation of certain community services and recreational facilities....
...The appellants comprise sixteen condominium associations located in Century Village West in Boca Raton. They will be collectively referred to as the Associations. The complex contains over 5,000 residential units constructed and sold between 1979 and 1984. At the time the units were submitted to condominium ownership section 718.302(1), Florida Statutes provided: (1) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the association by unit owners other than the devel...
...s to the unit owners. It provided a mechanism for the owners to take back control of their condominiums when the developer had sold over 75% of its units. The developers of Century Village West were aware of and took into consideration the impact of 718.302 in writing its documents....
...The developer and its subsidiaries refused to honor the cancellation. On motion for summary judgment the trial court determined that since each unit owner was a direct signatory to the lease agreement and management agreement, the cancellation procedures of section 718.302 did not apply, as the statute only applied to contracts between the association and a third party....
...conducted by the condominium association. Sections
718.103(18);
718.111(l)(a), Fla.Stat. The act further provides for transfer of control of the association from the developer to the unit owners, and in order to promote autonomy for the unit owners, section
718.302, Florida Statutes, provides that grants, reservations, and contracts entered into by the Association providing for the operation and maintenance of the condominium property or property serving the unit owners of a condominium may be cancelled by a 75% vote of the Association members....
...ely the developer. It provides in its terms for the complete operation and maintenance of these facilities by the lessor. Thus, contrary to the finding of the trial court the operation and maintenance provisions of the lease come within the ambit of section 718.302(1) and are subject to the cancellation provision of section (d)....
...f the § 718.-lll(l)(a), Florida Statutes (1991). Therefore, a reservation in the declaration that provides for the operation of the condominium association or property serving the condominium, which the MMA clearly does, is *232 within the ambit of section 718.302, Florida Statutes as it is a “grant or reservation made by a declaration ... that provides for operation, maintenance or management of a condominium association or property serving the unit owners.” Section 718.302(1)....
...dversely affect the purpose of the provision. Section
718.303(2), Fla.Stat. The scheme created by the developer and his subsidiary corporations to contract individually with each owner appears directly tailored to avoid the cancellation rights under
718.302(l)(d)....
...act binding the owner to this form of management of their community and that contract principles govern. However, as in Tri-Properties v. Moonspinner Condominium Association,
447 So.2d 965 (Fla. 1st DGA 1984), the First District said with respect to section
718.302: The intent of the Legislature to confer upon unit owners other than the developer, cancellation rights in addition to rights they would have under ordinary contract law is apparent.... The developer/lessor and Master Management Firm entered into the leases and agreements with full knowledge of the cancellation provisions of
718.302 and the anti-waiver provisions of
718.303(2)....
CopyPublished | District Court, M.D. Florida | 2011 WL 3170565
...vely argue (1) a developer typically acts on behalf of the association "until the units are sold and the association is turned over to the unit owners" because, until the units sell, *218 "there is no one else to act for the [a]ssociation"; [16] (2) Section 718.302, Florida Statutes, acknowledges this widespread development practice and "specifically addresses unit owners' rights regarding contracts entered prior to association turn-over"; [17] and (3) the bankruptcy judge's "implication" that a...
...nits in the community are included. In providing that the developer has an implied duty to create an association, this section reflects widespread development practice and follows modern common-interest-community statutes. Section 6.19, cmt. a. [17] Section 718.302 states that, upon the affirmative vote of a certain percent of unit owners: [a]ny grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control of the asso...
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 310, 1986 Fla. App. LEXIS 6120
...This prompted appellant to file a three-count complaint against appel-lee alleging breach of lease, forcible entry and wrongful detainer, and trespass to real and personal property. As to appellant’s first count for breach of the lease, appellee argued below that section 718.302(l)(e)lc, Florida Statutes (1983), expressly limits the enforceability of this agreement to four years from its execution because it was entered into by the developer prior to the formation of the condominium association....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 12525, 2009 WL 2601635
MAY, J. A conflict between a cable television provider and a condominium association forms the basis for this appeal. Comcast appeals an order upholding the condominium association’s termination of a cable television agreement, pursuant to section 718.302, Fla. Stat. (2002). 1 It raises numerous issues concerning the validity of the termination. We find no error and affirm, but write to address the application of section 718.302....
...he unit owners. Following the incorporation of the homeowner’s association and the developer’s hand over, the unit owners voted to terminate the agreement. The Association’s counsel sent Comcast written notice of termination in accordance with section 718.302....
...The litigation proceeded on Comcast’s amended complaint, which also sought damages for the drilling. The case was tried non-jury and resulted in a judgment for the Association. Comcast now appeals the adverse judgment. Comcast argues that the court erred in applying section 718.302 to the agreement and addenda. Specifically, Comcast argues a cable television service contract is not an agreement “that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium.” § 718.302(1), Fla....
...inium. 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. Stat. (“service contracts”) with §
718.302, Fla....
...(“operation, maintenance, or management of a condominium association or property serving the unit owners”). We disagree with these arguments and affirm. We review the application of the statute de novo. Strod v. Lewenstark,
958 So.2d 1138, 1139 (Fla. 4th DCA 2007). In doing so, we conclude, as did the trial court, that section
718.302, Florida Statutes, applies to the agreement and addenda. Section
718.302, Fla....
...fee, and the service provider was required to service and maintain the cable television, we conclude that the agreement was one for the “operation, maintenance, or management” of the cable television services. § 718.802(1), Fla. Stat. Therefore section 718.302 applies to the agreement and addenda....
...Master Antenna Systems, Inc.,
458 So.2d 835 (Fla. 4th DCA 1984). There, a company entered into an agreement with the developer to provide and maintain a central antenna system for the condominium complex. Subsequently, the association took control and terminated the agreement, pursuant to section
718.302, Florida Statutes (1983)....
...The company filed an action to determine ownership of the central antenna system. We held that the service provider owned the master antenna system that it had installed. In doing so, we acknowledged the unit owners’ right to terminate an agreement that had been entered into by the developer, pursuant to section 718.302. [T]he Association effectively exercised its statutory rights to terminate any of its agreements with [the company] pursuant to Section 718.302, Fla....
...ould have the right under Chapter 718 to terminate the contract upon a vote of the unit owners. After turnover, more than 75% of the unit owners voted to cancel the agreement. In sending the notice of cancellation, the Association properly relied on section 718.302 to terminate the agreement....
...with respect to the Services directly to [Com-cast] ...." Paragraph six provided that Com-cast "will service and maintain the Facilities and provide Services to the Residents of the Premises....” . We disagree that reference to cable television in section 718.3025(4) suggests that cable television is not within the "operation, maintenance, or management” contemplated in section 718.302....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 980, 1987 Fla. App. LEXIS 7560
(The section involved in the instant case is section 718.-302(5), formerly section 711.231, which makes
