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Florida Statute 718.4015 | Lawyer Caselaw & Research
F.S. 718.4015 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. 718.4015
718.4015 Condominium leases; escalation clauses.
(1) It is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in land leases or other leases or agreements for recreational facilities, land, or other commonly used facilities serving residential condominiums, and such clauses are hereby declared void for public policy. For the purposes of this section, an escalation clause is any clause in a condominium lease or agreement which provides that the rental under the lease or agreement shall increase at the same percentage rate as any nationally recognized and conveniently available commodity or consumer price index.
(2) This public policy prohibits the inclusion or enforcement of such escalation clauses in leases related to condominiums for which the declaration of condominium was recorded on or after June 4, 1975; it prohibits the enforcement of escalation clauses in leases related to condominiums for which the declaration of condominium was recorded prior to June 4, 1975, but which have been refused enforcement on the grounds that the parties agreed to be bound by subsequent amendments to the Florida Statutes or which have been found to be void because of a finding that such lease is unconscionable or which have been refused enforcement on the basis of the application of former s. 711.231 or former s. 718.401(8); and it prohibits any further escalation of rental fees after October 1, 1988, pursuant to escalation clauses in leases related to condominiums for which the declaration was recorded prior to June 4, 1975.
(3) The provisions of this section 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.
History.s. 7, ch. 88-148; s. 2, ch. 88-225; s. 1, ch. 89-164.

F.S. 718.4015 on Google Scholar

F.S. 718.4015 on Casetext

Amendments to 718.4015


Arrestable Offenses / Crimes under Fla. Stat. 718.4015
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.4015.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In COLONY BEACH TENNIS CLUB ASSOCIATION, INC. v. W. W. L. L., 423 B.R. 690 (Bankr. M.D. Fla. 2010)

. . . rent escalation clause of the Lease is void and unenforceable as against public policy under Section 718.4015 . . . unit after June 4, 1975, can assert that a novation was made that would make the provision of Section 718.4015 . . . Stat. § 718.4015. . . . Section 718.4015 of the Florida Statutes declares that certain rent escalation clauses in condominium . . . However, the Florida Supreme Court has held that Section 718.4015 of the Florida Statutes does not apply . . .

In MAISON GRANDE CONDOMINIUM ASSOCIATION, INC. a, 425 B.R. 684 (Bankr. S.D. Fla. 2010)

. . . . § 718.4015. . . .

MOONLIT WATERS APARTMENTS, INC. a v. J. CAULEY,, 651 So. 2d 1269 (Fla. Dist. Ct. App. 1995)

. . . It created sections 718.4015 and 719.4015, which declare it to be the public policy of the state to prohibit . . . used facilities” serving residential condominiums and cooperatives, declaring such clauses void. §§ 718.4015 . . .

MAISON GRANDE CONDOMINIUM ASSOCIATION, INC. v. DORTEN, INC. L. a, 621 So. 2d 762 (Fla. Dist. Ct. App. 1993)

. . . Mai-son Grande asserted that the escalation provision was void under section 718.4015(2), Florida Statutes . . .

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)

. . . increases were prohibited by section 718.401, Florida Statutes (1987), subsequently renumbered section 718.4015 . . . subleases, appellees filed a declaratory judgment action to determine the applicability of section 718.4015 . . . trial, the lower court entered a partial summary judgment in favor of appellees, finding that section 718.4015 . . . the contention that enforcement of the rent escalation provision is barred by the statute, section 718.4015 . . . Case, 342 So.2d 815 (Fla.1976) (retroactive application of predecessor to section 718.4015 would violate . . .

MAISON GRANDE CONDOMINIUM ASSOCIATION, INC. v. DORTEN, INC., 600 So. 2d 463 (Fla. 1992)

. . . .2d 815 (Fla.1976), in which we held that the retroactive application of the predecessor to section 718.4015 . . . Until the trial court declared section 718.4015 unconstitutional, the statute was valid and the escalation . . . Grande that its nonperformance of the escalation clause up to the time the trial court declared section 718.4015 . . . not liable to Dorten for attorneys’ fees and costs associated with Dorten’s effort to have section 718.4015 . . .

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

. . . On July 1, 1988, section 718.401(8) was replaced by the virtually identical section 718.4015(1). . . . Section 718.4015 again prohibited escalation clauses and applied the prohibition to all existing or future . . . Dorten sued Maison Grande seeking a declaration that section 718.4015 violated Article I, section 10, . . . granted Dorten’s motion for summary judgment on the count for declaratory relief, declaring section 718.4015 . . . In Golden Glades, the court held that section 718.4015 did not prohibit the enforcement of an escalation . . .

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

. . . The second approach is to rely on the statute now codified as section 718.4015, Florida Statutes (1989 . . . The critical question under section 718.4015 and predecessor statutes, however, is whether the statutory . . . of trial the legislature enacted Chapters 88-148 and 88-225, Laws of Florida, which created section 718.4015 . . . Portions of section 718.4015 were transferred from subsection 718.401(8), Florida Statutes (1987), which . . . Since section 718.4015 is merely an alternative avenue to reach the same destination, we need not determine . . .

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

. . . Subsequent to the district court’s decision, the legislature enacted section 718.4015, Florida Statutes . . . Further, the legislature amended section 718.4015 in 1989 to clarify its 1988 enactment. . . . We rephrase the certified question as follows: TO WHAT EXTENT DOES SECTION 718.4015(2), FLORIDA STATUTES . . . In 1988, the legislature created section 718.4015 to modify what was previously set forth in section . . . In 1989, the legislature amended section 718.4015 by chapter 89-164, Laws of Florida, to clarify its . . .

CONDOMINIUM ASSOCIATION OF PLAZA TOWERS NORTH, INC. v. PLAZA RECREATION DEVELOPMENT CORP., 557 So. 2d 1356 (Fla. 1990)

. . . This statute was renumbered as section 718.4015 in 1988 and has been amended since 1975. . . .

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

. . . Third District Court of Appeal stated that: Chapter 88-225, Laws of Florida (codified at Fla.Stat. 718.4015 . . . Section 718.4015(2) states that “[t]he application of this section [voiding rental escalation clauses . . .