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Florida Statute 718.404 | Lawyer Caselaw & Research
F.S. 718.404 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 718.404

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 718
CONDOMINIUMS
View Entire Chapter
F.S. 718.404
718.404 Mixed-use condominiums.When a condominium consists of both residential and commercial units, the following provisions shall apply:
(1) The condominium documents shall not provide that the owner of any commercial unit shall have the authority to veto amendments to the declaration, articles of incorporation, bylaws, or rules or regulations of the association. This subsection shall apply retroactively as a remedial measure.
(2) Subject to s. 718.301, where the number of residential units in the condominium equals or exceeds 50 percent of the total units operated by the association, owners of the residential units shall be entitled to vote for a majority of the seats on the board of administration. This subsection shall apply retroactively as a remedial measure.
(3) In the declaration of condominium for mixed-use condominiums created after January 1, 1996, the ownership share of the common elements assigned to each unit shall be based either on the total square footage of each unit in uniform relationship to the total square footage of each other unit in the condominium or on an equal fractional basis.
(4) The provisions of this section shall not apply to timeshare condominiums.
History.s. 38, ch. 95-274; s. 4, ch. 96-396; s. 5, ch. 2007-173.

F.S. 718.404 on Google Scholar

F.S. 718.404 on Casetext

Amendments to 718.404


Arrestable Offenses / Crimes under Fla. Stat. 718.404
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.404.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TROPICANA CONDOMINIUM ASSOCIATION, INC. v. TROPICAL CONDOMINIUM, LLC,, 208 So. 3d 755 (Fla. Dist. Ct. App. 2016)

. . . Ass’n, Inc., 62 So.3d 1120, 1121-22 (Fla. 2011) (holding that an amendment to section 718.404(2) of the . . .

COHN, v. GRAND CONDOMINIUM ASSOCIATION, INC., 62 So. 3d 1120 (Fla. 2011)

. . . In 1995, the Legislature enacted section 718.404, Florida Statutes, regulating mixed-use condominiums . . . In 2007, the Legislature amended section 718.404(2) to make it retroactive, adding, “This subsection . . . The Grand filed a declaratory judgment action, seeking a declaration that subsection 718.404(2) constituted . . . Therefore, by changing the distribution of voting power, the retroactive application of section 718.404 . . . Accordingly, because section 718.404(2) impairs the obligation of contract as applied to The Grand, we . . .

COHN, v. GRAND CONDOMINIUM ASSOCIATION, INC. PH PH, 26 So. 3d 8 (Fla. Dist. Ct. App. 2009)

. . . This is an appeal of a summary judgment which found subsection 718.404(2), Florida Statutes (2007), unconstitutional . . . In 1995, the legislature enacted section 718.404, Florida Statutes (1995), entitled Mixed-Use Condominiums . . . Subsection (2) of section 718.404 addressed voting and stated: “Subject to s. 718.301, where the number . . . The trial court held the 2007 amendment to subsection 718.404(2) unconstitutional as applied to The Grand . . . The Grand had been organized in 1986, prior to the enactment of section 718.404 in 1995, and the voting . . .

CUMBERLAND RIVER COAL COMPANY, v. B. F. CAUDILL,, 207 F. App'x 529 (6th Cir. 2006)

. . . . § 718.404(b) (1999) required a miner to present himself for examination only “where there is an issue . . . However, the BRB noted that the employer had not complied with 20 C.F.R. § 718.404(b) (now 20 C.F.R. . . . The BRB agreed “with the Director that Section 718.404(b), which would require a claimant to submit to . . . Although the employer argued that 20 C.F.R. § 718.404(b) (1999) granted it an absolute right to a medical . . . C.F.R. § 310®), which provides a list of items that the parties may submit, and former 20 C.F.R. § 718.404 . . .

ASSOCIATED ELECTRIC COOPERATIVE, INC. v. HUDSON, 73 F.3d 845 (8th Cir. 1996)

. . . . §§ 718.1-718.404. See 20 C.F.R. § 718.2. . . .

PLESH, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 71 F.3d 103 (3d Cir. 1995)

. . . . § 718.404(b), which effectuates section 22 of the LHWCA, 33 U.S.C. § 922, and which is incorporated . . . or modify an award based upon recovery from pneumoco-niosis: Although one comment praises [section 718.404 . . . Rather, the Director posits that section 718.404(b), consistent with the statute, authorizes the OWCP . . . Section 718.404(b) provides: An individual who has been finally adjudged to be totally disabled due to . . .

LABELLE PROCESSING COMPANY, v. SWARROW, 72 F.3d 308 (3d Cir. 1995)

. . . [T]he Department has stricken the language of proposed § 718.404(a)(1), which required notification of . . .

HAWKINS, v. DIRECTOR, OFFICE OF WORKERS, 907 F.2d 697 (7th Cir. 1990)

. . . Section 718.404 provides the following: § 718.404 Cessation of entitlement. . . .

M. KNUCKLES, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 869 F.2d 996 (6th Cir. 1989)

. . . . §§ 718.1-718.404. . . .

STRIKE, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT LABOR,, 817 F.2d 395 (7th Cir. 1987)

. . . . §§ 718.1-718.404. . . . instead of the new Part C permanent regulations issued by the Department of Labor, 20 C.F.R. §§ 718.1-718.404 . . .