Florida Statute 718.403 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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718.403 Phase condominiums.—

(1) Notwithstanding the provisions of s. 718.110, a developer may develop a condominium in phases, if the original declaration of condominium submitting the initial phase to condominium ownership or an amendment to the declaration which has been approved by all of the unit owners and unit mortgagees provides for and describes in detail all anticipated phases; the impact, if any, which the completion of subsequent phases would have upon the initial phase; and the time period within which all phases must be added to the condominium and comply with the requirements of this section and at the end of which the right to add additional phases expires.

(a) All phases must be added to the condominium within 7 years after the date of the recording of the certificate of a surveyor and mapper pursuant to s. 718.104(4)(e) or the recording of an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first, unless the unit owners vote to approve an amendment extending the 7-year period pursuant to paragraph (b).

(b) An amendment to extend the 7-year period shall require the approval of the owners necessary to amend the declaration of condominium pursuant to s. 718.110(1)(a). An extension of the 7-year period may be submitted for approval only during the last 3 years of the 7-year period.

(c) An amendment must describe the time period within which all phases must be added to the condominium, and such time period may not exceed 10 years from the date of the recording of the certificate of a surveyor and mapper pursuant to s. 718.104(4)(e) or the recording of an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first.

(d) An amendment that extends the 7-year period pursuant to this section is not subject to the requirements of s. 718.110(4).

(2) The original declaration of condominium, or an amendment to the declaration, which amendment has been approved by all unit owners and unit mortgagees and the developer, shall describe:

(a) The land which may become part of the condominium and the land on which each phase is to be built. The descriptions shall include metes and bounds or other legal descriptions of the land for each phase, plot plans, and surveys. Plot plans, attached as an exhibit, must show the approximate location of all existing and proposed buildings and improvements that may ultimately be contained within the condominium. The plot plan may be modified by the developer as to unit or building types but, in a residential condominium, only to the extent that such changes are described in the declaration. If provided in the declaration, the developer may make nonmaterial changes in the legal description of a phase.

(b) The minimum and maximum numbers and general size of units to be included in each phase. The general size may be expressed in terms of minimum and maximum square feet. In stating the minimum and maximum numbers of units, the difference between the minimum and maximum numbers shall not be greater than 20 percent of the maximum.

(c) Each unit’s percentage of ownership in the common elements as each phase is added. In lieu of describing specific percentages, the declaration or amendment may describe a formula for reallocating each unit’s proportion or percentage of ownership in the common elements and manner of sharing common expenses and owning common surplus as additional units are added to the condominium by the addition of any land. The basis for allocating percentage of ownership among units in added phases shall be consistent with the basis for allocation made among the units originally in the condominium.

(d) The recreational areas and facilities which will be owned as common elements by all unit owners and all personal property to be provided as each phase is added to the condominium and those facilities or areas which may not be built or provided if any phase or phases are not developed and added as a part of the condominium. The developer may reserve the right to add additional common-element recreational facilities if the original declaration contains a description of each type of facility and its proposed location. The declaration shall set forth the circumstances under which such facilities will be added.

(e) The membership vote and ownership in the association attributable to each unit in each phase and the results if any phase or phases are not developed and added as a part of the condominium.

(f) Whether or not timeshare estates will or may be created with respect to units in any phase and, if so, the degree, quantity, nature, and extent of such estates, specifying the minimum duration of the recurring periods of rights of use, possession, or occupancy that may be established with respect to any unit.

(3) The developer shall notify owners of existing units of the decision not to add one or more additional phases. Notice shall be by first-class mail addressed to each owner at the address of his or her unit or at his or her last known address.

(4) If one or more phases are not built, the units which are built are entitled to 100 percent ownership of all common elements within the phases actually developed and added as a part of the condominium.

(5) If the declaration requires the developer to convey any additional lands or facilities to the condominium after the completion of the first phase and he or she fails to do so within the time specified, or within a reasonable time if none is specified, then any owner of a unit or the association may enforce such obligations against the developer or bring an action against the developer for damages caused by the developer’s failure to convey to the association such additional lands or facilities.

(6) Notwithstanding other provisions of this chapter, any amendment by the developer which adds any land to the condominium shall be consistent with the provisions of the declaration granting such right and shall contain or provide for the following matters:

(a) A statement submitting the additional land to condominium ownership as an addition to the condominium.

(b) The legal description of the land being added to the condominium.

(c) An identification by letter, name, or number, or a combination thereof, of each unit within the land added to the condominium, to ensure that no unit in the condominium, including the additional land, will bear the same designation as any other unit.

(d) A survey of the additional land and a graphic description of the improvements in which any units are located and a plot plan thereof and a certificate of a surveyor, in conformance with s. 718.104(4)(e).

(e) The undivided share in the common elements appurtenant to each unit in the condominium, stated as a percentage or fraction which, in the aggregate, must equal the whole and must be determined in conformance with the manner of allocation set forth in the original declaration of condominium.

(f) The proportion or percentage of, and the manner of sharing, common expenses and owning common surplus, which for a residential unit must be the same as the undivided share in the common elements.

An amendment which adds phases to a condominium does not require the execution of such amendment or consent thereto by unit owners other than the developer, unless the amendment permits the creation of timeshare estates in any unit of the additional phase of the condominium and such creation is not authorized by the original declaration.

(7) An amendment to the declaration of condominium which adds land to the condominium shall be recorded in the public records of the county where the land is located and shall be executed and acknowledged in compliance with the same requirements as for a deed. All persons who have record title to the interest in the land submitted to condominium ownership, or their lawfully authorized agents, must join in the execution of the amendment. Every such amendment shall comply with the provisions of s. 718.104(3).

(8) Upon recording the declaration of condominium or amendments adding phases pursuant to this section, the developer shall file the recording information with the division within 120 calendar days on a form prescribed by the division.

(9) Paragraphs (2)(b)-(f) and subsection (8) do not apply to nonresidential condominiums.

History.—s. 1, ch. 76-222; s. 7, ch. 78-328; s. 15, ch. 84-368; s. 64, ch. 87-226; s. 18, ch. 90-151; s. 866, ch. 97-102; s. 5, ch. 98-195; s. 58, ch. 2000-302; s. 8, ch. 2013-122; s. 7, ch. 2013-188; s. 4, ch. 2014-74; s. 29, ch. 2025-175.

F.S. 718.403 on Google Scholar

F.S. 718.403 on CourtListener

Amendments to 718.403

Annotations, Discussions, Cases:

Cases Citing Statute 718.403

Total Results: 9 | Sort by: Relevance | Newest First

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Winkelman v. Toll, 661 So. 2d 102 (Fla. 4th DCA 1995).

Cited 8 times | Published | Florida 4th District Court of Appeal | 1995 WL 539006

...um. The declaration contemplated the construction of nine phases, each to be submitted by the developer by amendment to the declaration. Article XVI stated in pertinent part as follows: This Condominium may be developed in Phases pursuant to Chapter 718.403, Florida Statutes....

...The Developer reserves the right to change the exterior and interior design of the units, so long as the Developer owns the units to be altered. The declaration also provided that the property was submitted to condominium pursuant to chapter 718, Florida Statutes, "as presently constituted and in effect." A part of section 718.403, Florida Statutes (1979), governing phase condominiums provided: (1) A developer may develop a condominium in phases, if the original declaration of condominium submitting the initial phase to condominium ownership provides for and de...

...g subject to condominium ownership. Because the construction never commenced, the property never became part of the condominium in accordance with the terms of the declaration. As further support for this construction, the court referred to sections 718.403(1) and (4), Florida Statutes (1979), quoted above, which, in establishing the right to develop condominium in phases, required the developer to state in the declaration the effect of the completion of subsequent phases on the initial phase....

...ded. Any construction that a condominium was not created because the property was not later developed would put the declaration at odds with the specific statutory language and would leave the recorded amendment with no effect at all. We do not read section 718.403 to be in conflict with this interpretation....

...See § 718.104(4)(e), Fla. Stat. (1979). We have reached our conclusion based upon an interpretation of the Condominium Act of 1979. Winkelman and the Division of Florida Land Sales, Condominiums, and Mobile Homes in an amicus brief also argue that a 1984 amendment to section 718.403(1) clarifies the intent of the statute that a condominium is created when the amendment submitting a phase to condominium ownership is filed even where construction is not completed....

...DS 90065 (May 1, 1991), Declaratory Statement (on file with Department of Business Regulation, Division of Florida Land Sales, Condominiums, and Mobile Homes). We also read the amendment as a clarification consistent with the statutes and not as a change in its intent. Our construction brings section 718.403 into express harmony with sections 718.104(2) and 718.110(3)....

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Edgewater Beach Owners Ass'n, Inc. v. Walton Cnty., 833 So. 2d 215 (Fla. 1st DCA 2002).

Cited 7 times | Published | Florida 1st District Court of Appeal | 2002 WL 31833708

...the project. Therefore, under local laws as well as under section 163.3167(8), the project should have been considered dead, and KPM should have been required to reapply for a permit under the DRI statute. Additionally, the Florida Condominium Act, section 718.403, Florida Statutes, provides that a developer authorized to build a development in phases must build out the project within seven years of the time it records its declaration of condominium....

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Klinger v. Zaremba Florida Co., 502 So. 2d 1252 (Fla. 3d DCA 1986).

Cited 3 times | Published | Florida 3rd District Court of Appeal

...Layne, Bernstein & Brenner and Richard Bernstein and Susan J. Jacobs, Miami, for appellees. Before BARKDULL, BASKIN and FERGUSON, JJ. PER CURIAM. The purchasers of condominium units in phases I and II of a IV phase condominium project, being developed pursuant to Section 718.403, Florida Statutes (1979), brought an action to enjoin the developers from constructing phases III and IV other than as shown in the original prospectus....

...' elimination of certain recreational facilities was, contrary to the trial court's finding, a substantial deviation from the original development plans. Misty Lake South Condominium (Misty Lake) is a phase condominium project developed according to section 718.403, Florida Statutes (1979)....

...I disagree that Aaronson, supra, controls. In the instant case the condominium documents permitted, under existing law, the elimination of phases III and IV. No such provision was cited in Aaronson, supra, and I would adhere to my original view. NOTES [1] Section 718.403(1) Florida Statutes (1979)....

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Sunshine Meadows Condo. Ass'n, Inc. v. BANK ONE, DAYTON, 599 So. 2d 1004 (Fla. 4th DCA 1992).

Cited 3 times | Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 4502, 1992 WL 79700

...acilities for horses. A condominium unit consists of ten stalls, an office, rest room and storage room. The project was developed as a phase condominium. The declaration of condominium was recorded in June of 1983 and complied with the provisions of Section 718.403, Florida Statutes (1983), regarding phase condominiums. The development anticipated the construction of twelve phases, each phase being described in the declaration. In compliance with Section 718.403(1), Florida Statutes (1983), requiring the declaration to describe the impact which the addition of subsequent phases will have on the initial phase, the declaration stated, "The impact of completion of future phases upon Phase I will be an increased use of the common elements located in Phase I......

...tential obligation to pay off a construction mortgage on common elements in future phases. The Declaration also incorporates the condominium law in its provisions. Section 718.104(3), Florida Statutes (1983), made applicable to phase condominiums by section 718.403(1), requires all mortgagees either to join in the execution of the Declaration, consent to it, or enter an agreement subordinating the mortgage interest to the Declaration....

...s. Furthermore, if the impact of the addition of future phases was to incur an obligation on the phase one owners to pay off obligations on improvements in subsequent phases, then surely notice of that is required in the impact statement required in Section 718.403(1), Florida Statutes....

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Wellington Prop. Mgmt. v. Parc Corniche, 755 So. 2d 824 (Fla. 5th DCA 2000).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2000 WL 553921

...The declaration must be construed in light of the by-law provision specifically incorporated into the declaration and which prohibits additions or alterations to the common elements "except as specifically provided for in said condominium(s) Declaration of Condominium [3] , as provided by section 718.403 [phase construction], or where such additions or alterations are needed to maintain the quantity and quality of the common elements presently existing." (emphasis added)....

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Tropicana Club v. James H. Topping, Inc., 502 So. 2d 29 (Fla. 2d DCA 1987).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 293

...The expert was an attorney whose testimony was offered to advise the judge on the law applicable to this case. Tropicana argues that both actions by the court were erroneous. At the conclusion of the trial, the court ruled that the declaration created a phase condominium as provided in section 718.403, Florida Statutes (1983), and that Topping retained title to lots 27 and 28, subject to the bank's mortgage, when it elected not to construct Phase II of the development....

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Lollar v. Alabama By-Prods. Corp., 893 F.2d 1258 (11th Cir. 1990).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit

...iratory or pulmonary impairment but to pneumoco-niosis”); accord Mangifest, 826 F.2d at 1320 ; Strike v. Director, OWCP, 817 F.2d 395, 399 (7th Cir.1987). Each of these elements must be established by a preponderance of the evidence. See 20 C.F.R. § 718.403 ....

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Bank One, Dayton, N.A. v. Sunshine Meadows Condo. Ass'n, 641 So. 2d 1333 (Fla. 1994).

Published | Supreme Court of Florida | 91 Fla. L. Weekly Supp. 430, 1994 Fla. LEXIS 1359, 1994 WL 481570

condominium and complied with the provisions of section 718.-403, Florida Statutes (1983), the statute governing

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Turtle Beach of Ocean Ridge Condo. Ass'n v. Repub. Sec. Bank, 801 So. 2d 282 (Fla. 4th DCA 2001).

Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 17500, 2001 WL 1577177

...xpenses incurred in the operation, maintenance and repair of the waste water treatment plant and appurtenances thereto. Appellant raises two points on appeal. We write only to briefly address appellant’s contention that the trial court disregarded section 718.403, Florida Statutes (Supp.1984), and thus erred in giving the bank easement rights over all the common elements of the condominium. We hold that the trial court’s rulings do not violate section 718.403....

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