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Florida Statute 718.401 | Lawyer Caselaw & Research
F.S. 718.401 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 718
CONDOMINIUMS
View Entire Chapter
F.S. 718.401
718.401 Leaseholds.
(1) A condominium may be created on lands held under lease or may include recreational facilities or other common elements or commonly used facilities on a leasehold if, on the date the first unit is conveyed by the developer to a bona fide purchaser, the lease has an unexpired term of at least 50 years. However, if the condominium constitutes a nonresidential condominium or commercial condominium, or a timeshare condominium created pursuant to chapter 721, the lease shall have an unexpired term of at least 30 years. If rent under the lease is payable by the association or by the unit owners, the lease shall include the following requirements:
(a) The leased land must be identified by a description that is sufficient to pass title, and the leased personal property must be identified by a general description of the items of personal property and the approximate number of each item of personal property that the developer is committing to furnish for each room or other facility. In the alternative, the personal property may be identified by a representation as to the minimum amount of expenditure that will be made to purchase the personal property for the facility. Unless the lease is of a unit, the identification of the land shall be supplemented by a survey showing the relation of the leased land to the land included in the common elements. This provision shall not prohibit adding additional land or personal property in accordance with the terms of the lease, provided there is no increase in rent or material increase in maintenance costs to the individual unit owner.
(b) The lease shall not contain a reservation of the right of possession or control of the leased property by the lessor or any person other than unit owners or the association and shall not create rights to possession or use of the leased property in any parties other than the association or unit owners of the condominium to be served by the leased property, unless the reservations and rights created are conspicuously disclosed. Any provision for use of the leased property by anyone other than unit owners of the condominium to be served by the leased property shall require the other users to pay a fair and reasonable share of the maintenance and repair obligations and other exactions due from users of the leased property.
(c) The lease shall state the minimum number of unit owners that will be required, directly or indirectly, to pay the rent under the lease and the maximum number of units that will be served by the leased property. The limitation of the number of units to be served shall not preclude enlargement of the facilities leased and an increase in their capacity, if approved by the association operating the leased property after unit owners other than the developer have assumed control of the association. The provisions of this paragraph do not apply if the lessor is the Government of the United States or this state or any political subdivision thereof or any agency of any political subdivision thereof.
(d)1. In any action by the lessor to enforce a lien for rent payable or in any action by the association or a unit owner with respect to the obligations of the lessee or the lessor under the lease, the unit owner or the association may raise any issue or interpose any defense, legal or equitable, that he or she or it may have with respect to the lessor’s obligations under the lease. If the unit owner or the association initiates any action or interposes any defense other than payment of rent under the lease, the unit owner or the association shall, upon service of process upon the lessor, pay into the registry of the court any allegedly accrued rent and the rent which accrues during the pendency of the proceeding, when due. If the unit owner or the association fails to pay the rent into the registry of the court, the failure constitutes an absolute waiver of the unit owner’s or association’s defenses other than payment, and the lessor is entitled to default. The unit owner or the association shall notify the lessor of any deposits. When the unit owner or the association has deposited the required funds into the registry of the court, the lessor may apply to the court for disbursement of all or part of the funds shown to be necessary for the payment of taxes, mortgage payments, maintenance and operating expenses, and other necessary expenses incident to maintaining and equipping the leased facilities or necessary for the payment of other expenses arising out of personal hardship resulting from the loss of rental income from the leased facilities. The court, after an evidentiary hearing, may award all or part of the funds on deposit to the lessor for such purpose. The court shall require the lessor to post bond or other security, as a condition to the release of funds from the registry, when the value of the leased land and improvements, apart from the lease itself, is inadequate to fully secure the sum of existing encumbrances on the leased property and the amounts released from the court registry.
2. When the association or unit owners have deposited funds into the registry of the court pursuant to this subsection and the unit owners and association have otherwise complied with their obligations under the lease or agreement, other than paying rent into the registry of the court rather than to the lessor, the lessor cannot hold the association or unit owners in default on their rental payments nor may the lessor file liens or initiate foreclosure proceedings against unit owners. If the lessor, in violation of this subsection, attempts such liens or foreclosures, then the lessor may be liable for damages plus attorney’s fees and costs that the association or unit owners incurred in satisfying those liens or foreclosures.
3. Nothing in this paragraph affects litigation commenced prior to October 1, 1979.
(e) If the lease is of recreational facilities or other commonly used facilities that are not completed, rent shall not commence until some of the facilities are completed. Until all of the facilities leased are completed, rent shall be prorated and paid only for the completed facilities in the proportion that the value of the completed facilities bears to the estimated value, when completed, of all of the facilities that are leased. The facilities shall be complete when they have been constructed, finished, and equipped and are available for use.
(f)1. A lease of recreational or other commonly used facilities entered into by the association or unit owners prior to the time when the control of the association is turned over to unit owners other than the developer shall grant to the lessee an option to purchase the leased property, payable in cash, on any anniversary date of the beginning of the lease term after the 10th anniversary, at a price then determined by agreement. If there is no agreement as to the price, then the price shall be determined by arbitration conducted pursuant to chapter 44 or chapter 682. This paragraph shall be applied to contracts entered into on, before, or after January 1, 1977, regardless of the duration of the lease.
2. If the lessor wishes to sell his or her interest and has received a bona fide offer to purchase it, the lessor shall send the association and each unit owner a copy of the executed offer. For 90 days following receipt of the offer by the association or unit owners, the association or unit owners have the option to purchase the interest on the terms and conditions in the offer. The option shall be exercised, if at all, by notice in writing given to the lessor within the 90-day period. If the association or unit owners do not exercise the option, the lessor shall have the right, for a period of 60 days after the 90-day period has expired, to complete the transaction described in the offer to purchase. If for any reason such transaction is not concluded within the 60 days, the offer shall have been abandoned, and the provisions of this subsection shall be reimposed.
3. The option shall be exercised upon approval by owners of two-thirds of the units served by the leased property.
4. The provisions of this paragraph do not apply to a nonresidential condominium and do not apply if the lessor is the Government of the United States or this state or any political subdivision thereof or, in the case of an underlying land lease, a person or entity which is not the developer or directly or indirectly owned or controlled by the developer and did not obtain, directly or indirectly, ownership of the leased property from the developer.
(g) The lease or a subordination agreement executed by the lessor must provide either:
1. That any lien which encumbers a unit for rent or other moneys or exactions payable is subordinate to any mortgage held by an institutional lender, or
2. That, upon the foreclosure of any mortgage held by an institutional lender or upon delivery of a deed in lieu of foreclosure, the lien for the unit owner’s share of the rent or other exactions shall not be extinguished but shall be foreclosed and unenforceable against the mortgagee with respect to that unit’s share of the rent and other exactions which mature or become due and payable on or before the date of the final judgment of foreclosure, in the event of foreclosure, or on or before the date of delivery of the deed in lieu of foreclosure. The lien may, however, automatically and by operation of the lease or other instrument, reattach to the unit and secure the payment of the unit’s proportionate share of the rent or other exactions coming due subsequent to the date of final decree of foreclosure or the date of delivery of the deed in lieu of foreclosure.

The provisions of this paragraph do not apply if the lessor is the Government of the United States or this state or any political subdivision thereof or any agency of any political subdivision thereof.

(2) Subsection (1) does not apply to residential cooperatives created prior to January 1, 1977, which are converted to condominium ownership by the cooperative unit owners or their association after control of the association has been transferred to the unit owners 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.
(3) If rent under the lease is a fixed amount for the full duration of the lease, and the rent thereunder is payable by a person or persons other than the association or the unit owners, the division director has the discretion to accept alternative assurances which are sufficient to secure the payment of rent, including, but not limited to, annuities with an insurance company authorized to do business in this state, the beneficiary of which shall be the association, or cash deposits in trust, the beneficiary of which shall be the association, which deposit shall be in an amount sufficient to generate interest sufficient to meet lease payments as they occur. If alternative assurances are accepted by the division director, the following provisions are applicable:
(a) Disclosures contemplated by paragraph (1)(b), if not contained within the lease, may be made by the developer.
(b) Disclosures as to the minimum number of unit owners that will be required, directly or indirectly, to pay the rent under the lease and the maximum number of units that will be served by the leased property, if not contained in the lease, may be stated by the developer.
(c) The provisions of paragraphs (1)(d) and (e) apply but are not required to be stated in the lease.
(d) The provisions of paragraph (1)(g) do not apply.
History.s. 1, ch. 76-222; s. 1, ch. 77-174; ss. 6, 13, ch. 78-340; s. 1, ch. 79-166; s. 13, ch. 79-314; ss. 4, 7, ch. 80-323; s. 5, ch. 81-185; s. 13, ch. 84-368; s. 46, ch. 85-62; s. 6, ch. 88-148; s. 1, ch. 88-225; s. 17, ch. 90-151; s. 15, ch. 91-103; s. 1, ch. 91-236; s. 5, ch. 91-426; s. 865, ch. 97-102.

F.S. 718.401 on Google Scholar

F.S. 718.401 on Casetext

Amendments to 718.401


Arrestable Offenses / Crimes under Fla. Stat. 718.401
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.401.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BEACH CLUB TOWERS HOMEOWNERS ASSOCIATION, INC. v. JONES,, 231 So. 3d 566 (Fla. Dist. Ct. App. 2017)

. . . may be created on land owned in fee simple or held under a lease complying with the provisions of s. 718.401 . . .

A. FIORE H. v. O. HILLIKER,, 170 So. 3d 147 (Fla. Dist. Ct. App. 2015)

. . . stating that the declarations were being enacted pursuant to the Condominium Act of Florida, section 718.401 . . .

A. FIORE H. v. O. HILLIKER,, 159 So. 3d 377 (Fla. Dist. Ct. App. 2015)

. . . stating that the declarations were being enacted pursuant to the Condominium Act of Florida, section 718.401 . . .

SINATRA v. BUSSEL, A., 119 So. 3d 473 (Fla. Dist. Ct. App. 2013)

. . . They note that section 718.401(1), Florida Statutes (2005), provides that for a declaration of condominium . . .

JUPITER OCEAN AND RACQUET CLUB CONDOMINIUM ASSOCIATION, INC. v. COURTSIDE PROPERTIES OF PALM BEACH, LLC,, 17 So. 3d 854 (Fla. Dist. Ct. App. 2009)

. . . In Hovnanian, the court examined whether section 718.401, Florida Statutes, invalidated an escalation . . .

SCHULBERG, v. SCHULBERG,, 883 So. 2d 352 (Fla. Dist. Ct. App. 2004)

. . . . § 718.401(1)©. . . .

FLORIDA DISCOUNT PROPERTIES, INC. a v. WINDERMERE CONDOMINIUM, INC. a, 786 So. 2d 1271 (Fla. Dist. Ct. App. 2001)

. . . directors, Gerzina and Glover, the trial court relied upon two alternative theories: first, section 718.401 . . . the disgorgement of the corporate opportunity, we do not find it necessary to address whether section 718.401 . . . Section 718.401 (l)(f) provides in pertinent part: (f)l. . . .

FLORIDA DISCOUNT PROPERTIES, INC. v. WINDERMERE CONDOMINIUM, INC. a, 763 So. 2d 1085 (Fla. Dist. Ct. App. 2000)

. . . motion for an order requiring the rent payments to be made into the court registry pursuant to section 718.401 . . . Section 718.401(l)(d)l provides in part: In any action by the lessor to enforce a lien for rent payable . . .

FLORIDA DISCOUNT PROPERTIES, INC. v. WINDERMERE CONDOMINIUM, INC., 763 So. 2d 1084 (Fla. Dist. Ct. App. 1999)

. . . the court to order the association to pay the rent into the registry of the court pursuant to section 718.401 . . .

DORAL MOBILE HOME VILLAS, INC. v. DORAL HOME OWNERS, INC., 661 So. 2d 24 (Fla. Dist. Ct. App. 1994)

. . . See § 718.401(l)(d)l., Fla. Stat. (1993). . . .

MLH PROPERTY MANAGERS, INC. v. COX,, 613 So. 2d 1358 (Fla. Dist. Ct. App. 1993)

. . . Basse, 375 So.2d 290 (Fla. 2d DCA 1979): [§ 718.401(4)(1) ] contemplates the establishment of a secured . . .

REGENCY VILLAS CONDOMINIUM ASSOCIATION, INC. a D. C. M. v. M. KELTNER F. d b a a, 610 So. 2d 661 (Fla. Dist. Ct. App. 1992)

. . . It was their belief that the increases were prohibited by section 718.401, Florida Statutes (1987), subsequently . . .

MAISON GRANDE CONDOMINIUM ASSOCIATION, INC. v. DORTEN, INC., 580 So. 2d 859 (Fla. Dist. Ct. App. 1991)

. . . Effective January 1, 1977, chapter 711 was replaced by chapter 718; section 718.401(8)(a) recodified . . . On July 1, 1988, section 718.401(8) was replaced by the virtually identical section 718.4015(1). . . .

M. COLLINS, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 932 F.2d 1191 (7th Cir. 1991)

. . . . § 718.401, the government must bear the cost of the medical tests necessary to support the claim: “ . . .

SKY LAKE GARDENS RECREATION, INC. v. SKY LAKE GARDENS NOS. AND INC. SKY LAKE GARDENS NOS. AND INC. v. SKY LAKE GARDENS RECREATION, INC., 574 So. 2d 1135 (Fla. Dist. Ct. App. 1991)

. . . challenge to the escalation clause, brought after the 1984 escalation, was based solely on section 718.401 . . . Security Management Corp., 557 So.2d 1350 (Fla.1990) clarifies the enforceability of section 718.401( . . .

SKY LAKE GARDENS RECREATION, INC. v. SKY LAKE GARDENS NOS. AND INC. SKY LAKE GARDENS NOS. AND INC. v. SKY LAKE GARDENS RECREATION, INC., 567 So. 2d 1026 (Fla. Dist. Ct. App. 1990)

. . . challenge to the escalation clause, brought after the 1984 escalation, was based solely on section 718.401 . . . Security Management Cory., 557 So.2d 1350 (Fla.1990) clarifies the enforceability of section 718.401( . . .

P. BEEMAN, v. ISLAND BREAKERS, A CONDOMINIUM, INC., 577 So. 2d 1341 (Fla. Dist. Ct. App. 1990)

. . . Portions of section 718.4015 were transferred from subsection 718.401(8), Florida Statutes (1987), which . . . and 88-225, section 2, Laws of Florida, transferred (with amendments) what was previously subsection 718.401 . . . It was transferred in amended form to section 718.401(8), Florida Statutes (Supp.1976) by chapter 76- . . .

ASSOCIATION OF GOLDEN GLADES CONDOMINIUM CLUB, INC. v. SECURITY MANAGEMENT CORP., 557 So. 2d 1350 (Fla. 1990)

. . . Appeal certified the following question as one of great public importance: TO WHAT EXTENT DOES SECTION 718.401 . . . legislature enacted section 718.4015, Florida Statutes (Supp. 1988), which included the provisions of section 718.401 . . . Relying on those two decisions, it held that “section 718.401(8), Florida Statutes (1985), previously . . . Section 718.401, Florida Statutes (1985), provided, in pertinent part: (8)(a) It is declared that the . . . This statute was renumbered in 1976 as section 718.401. . . . .

CENVILL INVESTORS, INC. v. CONDOMINIUM OWNERS ORGANIZATION OF CENTURY VILLAGE EAST, INC., 556 So. 2d 1197 (Fla. Dist. Ct. App. 1990)

. . . relief of deposit of the long term lease rentals into the registry of the court pursuant to section 718.401 . . . Pursuant to section 718.401(4)(a), Florida Statutes (1987), a nonfinal order required rent to be paid . . . The main issue on appeal calls into question the constitutionality of section 718.401(4)(a), Florida . . . Basse, 375 So.2d 290 (Fla. 2d DCA 1979): [§ 718.401(4)(i) ] contemplates the establishment of. a secured . . . Pomponio was concerned with an earlier version of the statute now under consideration: section 718.401 . . .

GARDEN ISLES APARTMENTS NO. INC. No. v. H. CONNOLLY,, 546 So. 2d 38 (Fla. Dist. Ct. App. 1989)

. . . Appellants’ contention that section 718.401(8), Florida Statutes (1985) renders the subject lease provisions . . . Florida (codified at Fla.Stat. 718.4015 (1988)), which became effective October 1, 1988, repealed section 718.401 . . .

SUN BANK MIAMI, N. A. v. PATHWAY FINANCIAL, f k a a, 540 So. 2d 926 (Fla. Dist. Ct. App. 1989)

. . . Wythe, 126 So.2d 283 (Fla. 2d DCA 1961); Sections 679.104(10), 718.104(1), 718.107, and 718.401, Florida . . .

J. PAPPALARDO, d b a v. SUGAR SANDS CONDOMINIUM ASSOCIATION, a, 528 So. 2d 992 (Fla. Dist. Ct. App. 1988)

. . . escalation clause in the subject Recreation Lease is one of the kind declared void and unenforceable by § 718.401 . . . Section 718.401(8)(a), Fla.Stat. (1985), provides: It is declared that the public policy of this state . . .

KARSTETER, v. GRAHAM COMPANIES f k a a, 521 So. 2d 298 (Fla. Dist. Ct. App. 1988)

. . . See § 718.401(4), Fla.Stat. (1985); Farrell v. . . .

ASSOCIATION OF GOLDEN GLADES CONDOMINIUM CLUB, a v. SECURITY MANAGEMENT CORP. a, 518 So. 2d 967 (Fla. Dist. Ct. App. 1988)

. . . involve rent escalation clauses in condominium recreation leases and both of which hold that section 718.401 . . . Florida supreme court the following question of great public importance: TO WHAT EXTENT DOES SECTION 718.401 . . .

C. KOSOW, S. O. C. I. v. CONDOMINIUM ASSOCIATION OF LAKESIDE VILLAGE, INC., 512 So. 2d 349 (Fla. Dist. Ct. App. 1987)

. . . In 1975, the Condominium Act was amended by the addition of section 711.231 [renumbered section 718.401 . . .

CONDOMINIUM ASSOCIATION OF PLAZA TOWERS NORTH, INC. v. PLAZA RECREATION DEVELOPMENT CORP. a a, 514 So. 2d 381 (Fla. Dist. Ct. App. 1987)

. . . lease was entered into prior to the effective date of Section 711.231, Florida Statutes (1975) [now § 718.401 . . .

HALPERN C. H. D. F. D. A. P. J. a v. RETIREMENT BUILDERS, INC., 507 So. 2d 622 (Fla. Dist. Ct. App. 1987)

. . . At issue in Cove Club Investors was whether section 718.401(8), Florida Statutes (1977), applied. . . . In that case, the applicability of both section 718.401(4) and section 718.401(8)(a) was at issue. . . .

VILLAGE GREEN FEDERATION UNIT, INC. v. FLORIDA ATLANTIC ASSOCIATES,, 18 Fla. Supp. 2d 94 (Fla. Cir. Ct. 1986)

. . . Under Section 718.401, Fla. . . .

GREENBRIAR CONDOMINIUM APARTMENTS II ASSOCIATION, INC. III II, I I, II, III, IV, V, v. E. KOCH,, 480 So. 2d 131 (Fla. Dist. Ct. App. 1985)

. . . Accordingly, the associations argue, the condominium ground leases are governed by section 718.401(8) . . . Angora where a pre-1975 declaration of condominium and ground lease were found to be subject to section 718.401 . . .

NEWMAN, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 745 F.2d 1162 (8th Cir. 1984)

. . . . §§ 718.101, 718.401, 725.405, 725.456(e) (1983). 2. Pulmonary function study results. . . .

SANS SOUCI, a v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, La a a, 448 So. 2d 1116 (Fla. Dist. Ct. App. 1984)

. . . division to find that an assignment of a master sublease effected a novation, thereby making section 718.401 . . . On the merits the Division determined that Section 718.401(8), Florida Statutes (Supp.1976), bars the . . . Resulting was a new obligation owed by San Souci, and the applicability of section 718.401(8) to the . . . Accordingly, the division declared, pursuant to section 120.565, that by virtue of section 718.401(8) . . . Absent a finding of a new contract, the application of section 718.401(8), effective January 1, 1977, . . .

WILDERNESS COUNTRY CLUB PARTNERSHIP, LTD. G. L. L. v. T. GROVES A. a, 458 So. 2d 769 (Fla. Dist. Ct. App. 1984)

. . . Appellants now challenge the unen-forceability of the rent escalation clause, arguing that section 718.401 . . . Section 718.401(8)(a), formerly section 711.231, became effective June 4,1975, specifically prohibiting . . . Recently, the supreme court approved the application of section 718.401(8)(a) to a recreational facilities . . . Therefore, as in Angora, application of section 718.401(4) is not unconstitutional. . . . Section 718.401(8)(a) “prohibits the inclusion or enforcement of escalation clauses” in facilities leases . . .

SEMINOLE- ON- THE- GREEN, a On- No. a On- No. a On- No. a On- No. a v. KELLY, On- a, 445 So. 2d 1071 (Fla. Dist. Ct. App. 1984)

. . . Appellants have not argued on appeal that section 718.401, Florida Statutes (1981), is applicable. . . . Section 718.401 declares void for public policy reasons the inclusion or enforcement of escalation clauses . . .

ROYAL PALM BEACH COLONY, INC. v. GREENWAY VILLAGE SOUTH ASSOCIATIONS NO. AND INC. a D. J. ROYAL PALM BEACH COLONY, INC. v. GREENWAY VILLAGE SOUTH ASSOCIATION NO. INC. No. No. No., 443 So. 2d 1034 (Fla. Dist. Ct. App. 1983)

. . . The various recreational leases were executed prior to the effective date of Section 718.401(8)(a), Florida . . .

COVE CLUB INVESTORS, LTD. v. SANDALFOOT SOUTH ONE, INC., 438 So. 2d 354 (Fla. 1983)

. . . provision in a recreational agreement attached to a declaration of condominium was governed by section 718.401 . . . The complaint sought to invalidate a rental escalation clause of the type addressed in section 718.401 . . . In 1975, the legislature passed section 711.231, Florida Statutes (now section 718.401(8)), declaring . . . Since it did not agree to be bound by the Act, section 718.401(8), Florida Statutes, will not touch the . . . ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDonald and EHRLICH, JJ., concur. . § 718.401(8)(a), Fla.Stat . . .

ANGORA ENTERPRISES, INC. v. COLE KOSOW, v. COLE, 439 So. 2d 832 (Fla. 1983)

. . . following questions: (1) Whether the lessor expressly consented to the incorporation of Florida Statute 718.401 . . . It was coupled with a motion to pay the rent into the registry of the court as provided by section 718.401 . . . Petitioner Kosow sought disbursement of the funds to make payment on the mortgage under section 718.401 . . . to decide whether or not the petitioner lessor expressly consented to the incorporation of section 718.401 . . . The two sections under discussion are as follows: § 718.401, Fla.Stat. (1977) (4)(a) In any action by . . .

ASSOCIATION OF GOLDEN GLADES, CONDOMINIUM CLUB, INC. v. GOLDEN GLADES CLUB RECREATION CORP. a, 441 So. 2d 154 (Fla. Dist. Ct. App. 1983)

. . . Section 718.401(8), Florida Statutes (1981), which prohibits rental escalation clauses in leases for . . . Section 718.401(8)(a), Florida Statutes (1981), which is the renumbered version of Section 711.231, provides . . .

FAIRWAYS ROYALE ASSOCIATION, INC. v. HASAM REALTY CORPORATION, a, 428 So. 2d 288 (Fla. Dist. Ct. App. 1983)

. . . to collect the rent, and Fairways paid the disputed rent to the Court Registry pursuant to section 718.401 . . . After the Florida Supreme Court declared section 718.401(4) unconstitutional, Hasam was paid the rents . . . Pursuant to section 718.401(4), the lessee deposited rental payments into the court registry pending . . . Lessor then appealed, asserting the unconstitutionality of section 718.401(4), and asked for attorneys . . . thus the invocation of the attorneys’ fees clause, was prompted by the state law as set out in section 718.401 . . .

SANS SOUCI, a v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, DEPARTMENT OF BUSINESS REGULATION, La a a, 421 So. 2d 623 (Fla. Dist. Ct. App. 1982)

. . . The condominium unit owners sought a declaratory statement as to the applicability of Section 718.401 . . . The appellant contends that the leases do not fall within the regulatory perimeters of Section 718.401 . . . The conclusions of law by the Division include a determination that Section 718.401(8), effective as . . . Section 718.401(8)(a), Florida Statutes (1981), quite clearly states the inclusion or enforcement of . . . Although the Division’s determination was based upon Section 718.401(8), Florida Statutes (Supp.1976) . . .

F. STEINHARDT v. RUDOLPH RUDOLPH v. F. STEINHARDT, 422 So. 2d 884 (Fla. Dist. Ct. App. 1982)

. . . .” § 718.401(8)(a), Fla.Stat. (1981). . . . . § 718.401(8)(a), Fla.Stat. (1981); Fleeman v. Case, 342 So.2d 815 (Fla.1976). . . . applied, unlike this case, to leases entered into subsequent to the effective date of the statute, § 718.401 . . .

VENETIAN COVE CLUB, INC. a A. v. VENETIAN BAY DEVELOPERS, INC. a A. M. Jr., 411 So. 2d 1323 (Fla. Dist. Ct. App. 1982)

. . . In June appellants moved the court, pursuant to section 718.401(4), Florida Statutes (1977), to enter . . . Appellees took an interlocutory appeal to the supreme court challenging the constitutionality of section 718.401 . . .

TRADEWINDS OF POMPANO ASSOCIATION, INC. a a a a a v. S. ROSENTHAL, W. No. A., 407 So. 2d 976 (Fla. Dist. Ct. App. 1981)

. . . The trial court determined that Section 718.401(4), Florida Statutes (1979), which requires such deposits . . . We affirm by holding that Section 718.401(4) is unconstitutional as applied to the facts of this case . . . After a hearing, the court, finding Section 718.401(4) unconstitutional, granted the motion. .This appeal . . . All of the parties agree that the Florida Supreme Court declared Section 718.401(4) unconstitutional . . . According to the Pomponio decision, therefore, Section 718.401(4) would constitute an unconstitutional . . .

WATERFORD POINT CONDOMINIUM APARTMENTS, INC. v. FASS, a, 402 So. 2d 1327 (Fla. Dist. Ct. App. 1981)

. . . Under the provisions of Section 718.401(6)(C), Florida Statutes (1979), all that is needed to exercise . . .

SANDALFOOT SOUTH ONE, INC. v. SANDALFOOT COVE COUNTRY CLUB, INC. a, 404 So. 2d 752 (Fla. Dist. Ct. App. 1981)

. . . considered is the question of whether the particular “agreement” here involved is encompassed by Section 718.401 . . . the escalation provision is enforceable and that the recreation agreement is not governed by Section 718.401 . . . Accordingly, Section 718.401(8) is applicable and the escalation clause unenforceable. . . . second question of whether the particular “recreation agreement” in this case is subject to Section 718.401 . . . To us that is exactly where Section 718.401(8) is aimed and the cat simply cannot be skinned another . . .

COLE v. ANGORA ENTERPRISES, INC., 403 So. 2d 1010 (Fla. Dist. Ct. App. 1981)

. . . judge’s order permitting disbursement of moneys held in the registry of the court pursuant to Section 718.401 . . . (4) and 718.401(8), Florida Statutes (1977). . . . We thus decide that Section 718.401(4) is applicable and enforceable under the facts of the instant case . . . As we have seen, Section 718.401(4) also provides for disbursement of funds “shown to be necessary for . . . Section 711.63(4) was, of course, the precursor to Section 718.401(4). . . .

HOVNANIAN FLORIDA, INC. v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, DEPARTMENT OF BUSINESS REGULATION,, 401 So. 2d 851 (Fla. Dist. Ct. App. 1981)

. . . .-57, Florida Statutes, the hearing officer found that the clause was violative of § 718.401(8) and recommended . . . Appellant makes essentially two arguments: (1) that § 718.401(8) was applied retroactively in this case . . . We find that the application of § 718.401(8) to invalidate enforcement of the escalation clause was not . . . Since Condo No. 18 could not be bound to the lease except through the declaration, § 718.401(8) would . . . This would be contrary to the legislative intent of § 718.401(8). . . .

CORAL ISLE EAST CONDOMINIUM v. I. SNYDER,, 395 So. 2d 1204 (Fla. Dist. Ct. App. 1981)

. . . Pursuant to Section 718.401(4), Florida Statutes (1979), Coral Isle East Condominium and Coral Isle West . . . Snyder as lessor moved to declare Section 718.401(4), Florida Statutes (1979) unconstitutional on the . . . By order of June 4, 1980 the Dade County Circuit Court declared that Section 718.401(4), Florida Statutes . . . In Century Village, supra, the supreme court held that where Section 711.-63(4), now Section 718.401( . . . Because we find that Section 718.401(4), Florida Statutes (1979) is incorporated into the declaration . . .

LAKE TIPPECANOE OWNERS ASSOCIATION, INC. v. NATIONAL LAKE DEVELOPMENTS, INC. NATIONAL LAKE DEVELOPMENTS, INC. v. J. FARRELL, LAKE TIPPECANOE OWNERS ASSOCIATION, INC. v. NATIONAL LAKE DEVELOPMENTS, INC., 390 So. 2d 185 (Fla. Dist. Ct. App. 1980)

. . . order of March 20, 1980, which requires the Association to make certain payments pursuant to section 718.401 . . . This motion was made pursuant to section 718.401(4), Florida Statutes (1979), the application of which . . . Subsequent to these stipulations, the Florida Supreme Court held that application of section 718.401( . . . There was no express consent to the incorporation of section 718.401(4) into the terms of the lease. . . . Consequently, retroactive application of section 718.401(4) to this lease was improper. . . .

GOLDEN GLADES CLUB RECREATION CORPORATION, a v. ASSOCIATION OF GOLDEN GLADES CONDOMINIUM CLUB, INC. a, 385 So. 2d 103 (Fla. Dist. Ct. App. 1980)

. . . Currently, Section 718.401(8)(a), Florida Statutes (1979) encompasses the section referring to escalation . . .

T. GOLDBERGER, v. REGENCY HIGHLAND CONDOMINIUM ASSOCIATION, INC., 383 So. 2d 1173 (Fla. Dist. Ct. App. 1980)

. . . This account has no connection with the deposit of rent into the court registry required by Section 718.401 . . .

DUNES DEVELOPMENT CORP. OF PALM BEACH, P. B. M. v. DUNES TOWERS ASSOCIATION, INC. a, 380 So. 2d 572 (Fla. Dist. Ct. App. 1980)

. . . Condominium, Inc., 378 So.2d 774 (Fla.1980), the Supreme Court held the statute in question, Section 718.401 . . . The court contrasted deposits under Section 718.401(4), Florida Statutes (1977), with deposits under . . .

R. POMPONIO, v. CLARIDGE OF POMPANO CONDOMINIUM, INC., 378 So. 2d 774 (Fla. 1979)

. . . Because of our construction of section 28.33, I must agree that section 718.401(4), which mandates the . . . The fact that section 718.401(4) has the effect of mandating the forfeiture of interest earned- on rents . . . As required by section 718.401(4), the trial court granted the Association and unit owners’ motion to . . . Section 718.401(4), of course, does more than provide a procedure for the deposit of rents subject to . . . The degree of impairment created by section 718.401(4) is confined to amounts deemed by the legislature . . . ALDERMAN, J., dissents. .Section 718.401(4) provides: In any action by the lessor to enforce a lien for . . . Section 718.401(4) provides that the “unit owner or association shall pay [rents] into the registry of . . .

GOLDENBERG, v. DOME CONDOMINIUM ASSOCIATION, INC. a, 376 So. 2d 37 (Fla. Dist. Ct. App. 1979)

. . . Florida Statutes (1975), was repealed at the time the subsequent (present) statutory prohibition, Section 718.401 . . . The appellants argue that this is so, because to hold otherwise would give Section 718.401(8), Florida . . . different form to postpone the effective date of the prohibition to January 1, 1977, the date Section 718.401 . . .

PALM- AIRE COUNTRY CLUB APTS. CONDOMINIUM, INC. a A. v. F. P. A. CORPORATION, a Co. a, 370 So. 2d 100 (Fla. Dist. Ct. App. 1979)

. . . Basically, the order in question provided for the deposit of rent monies pursuant to Section 718.401( . . .

B. F. SAUL, II, J. Jr. B. F. v. BASSE, J. M. S. W. H. L. a k a L. D. S. F. T. E. F. A. H. V. W., 375 So. 2d 290 (Fla. Dist. Ct. App. 1979)

. . . The only question before us and the only one decided by this opinion is whether Section 718.401(4) is . . . Section 718.401(4), Florida Statutes (1978 Supp.) provides: In any action by the lessor to enforce a . . . trial court for entry of an order requiring respondents to deposit all rents in compliance with Section 718.401 . . .

GRANADOS, T. Jr. L. M. d b a v. A. MILLER A. MILLER v. GRANADOS,, 369 So. 2d 358 (Fla. Dist. Ct. App. 1979)

. . . At issue is § 718.401(4) Fla.Stat., which provides in relevant part: “If the unit owner initiates any . . . Plaintiffs filed a motion to deposit all rent money into the registry of the court pursuant to § 718.401 . . .

CHALFONTE CONDOMINIUM APARTMENT ASSOCIATION, INC. v. CHALFONTE DEVELOPMENT CORPORATION,, 363 So. 2d 37 (Fla. Dist. Ct. App. 1978)

. . . recreational lease into the Registry of the Court pursuant to Section 711.63(4), Florida Statutes (1975) (now 718.401 . . .

O. SCHLYTTER C. v. A. L. BAKER, a C. R. a, 580 F.2d 848 (5th Cir. 1978)

. . . . §§ 718.302(3) and 718.401(8) [formerly 711.231] which prohibits escalation clauses in condominium leases . . .

CENTURY VILLAGE, INC. v. WELLINGTON, E, F, K, L, H, J, M, G, CONDOMINIUM ASSOCIATION,, 361 So. 2d 128 (Fla. 1978)

. . . Section 718.401(4), Florida Statutes (Supp. 1976) provides: In any action by the lessor to enforce a . . .

HILLCREST EAST NO. INC. v. HOLLYWOOD BEACH HOTEL DEVELOPMENT CO. INC., 359 So. 2d 546 (Fla. Dist. Ct. App. 1978)

. . . granting Appellees' petition for withdrawal of rental deposits from the court registry pursuant to Section 718.401 . . . depositing monthly rentals due under the recreation lease into the court registry as permitted by Section 718.401 . . . Appellees petitioned for withdrawal of the deposited funds from the registry, alleging that Section 718.401 . . . The lower court declined to rule on the constitutionality of Section 718.401(4), Florida Statutes (1977 . . . found that the evidence showed that the deposited funds were needed for purposes set forth in Section 718.401 . . .

PALM- AIRE COUNTRY CLUB CONDOMINIUM ASSOCIATION NO. INC. v. F. P. A. CORPORATION, F. P. A. CORPORATION, a Co. a v. PALM- AIRE COUNTRY CLUB CONDOMINIUM ASSOCIATION NO. INC., 357 So. 2d 249 (Fla. Dist. Ct. App. 1978)

. . . The lessees, pursuant to Section 718.401(4), Florida Statutes (Supp.1976), seek the right during the . . . attributable to the escalation clauses are also subject to disbursement under the provisions of Section 718.401 . . .

IMPERIAL POINT COLONNADES CONDOMINIUM, INC. a P. M. v. T. MANGURIAN, Jr. a, 549 F.2d 1029 (5th Cir. 1977)

. . . . § 718.401(8) (Supp.1977) (West), which declares void as against public policy escalation clauses in . . .