The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 719
COOPERATIVES

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F.S. 719.105

719.105 Cooperative parcels; appurtenances; possession and enjoyment.—

(1) Each cooperative parcel has, as appurtenances thereto:

(a) Evidence of membership, ownership of shares, or other interest in the association with the full voting rights appertaining thereto. Such evidence must include a legal description of each dwelling unit and must be recorded in the office of the clerk of the circuit court as required by s. 201.02(3).

(b) An undivided share in the assets of the association.

(d) An undivided share in the common surplus attributable to the unit.

(e) Any other appurtenances provided for in the cooperative documents.

(2) Each unit owner is entitled to the exclusive possession of his or her unit. The unit owner is entitled to use the common areas in accordance with the purposes for which they are intended, but no use may hinder or encroach upon the rights of other unit owners.

(3) When a unit is leased, the tenant has all use rights in the association property available for use generally by the unit owner and the unit owner does not have such rights except as a guest. This subsection does not interfere with the access rights of the unit owner as a landlord pursuant to chapter 83. The association may adopt rules to prohibit dual usage by a unit owner and a tenant of cooperative property.

History.—s. 2, ch. 76-222; s. 13, ch. 86-175; s. 11, ch. 92-32; s. 19, ch. 92-49; s. 876, ch. 97-102.

F.S. 719.105 on Google Scholar

F.S. 719.105 on Casetext

Amendments to 719.105

Arrestable Offenses / Crimes under Fla. Stat. 719.105

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 719.105.

Annotations, Discussions, Cases:

Cases from cite.case.law:

KEY LARGO OCEAN RESORT CO- OP, INC. v. MONROE COUNTY, 5 So. 3d 31 (Fla. Dist. Ct. App. 2009)

. . . the cooperative’s documents “must be recorded in the county in which the cooperative is located”); § 719.105 . . .

McALLISTER, v. BREAKERS SEVILLE ASSOCIATION, INC., 981 So. 2d 566 (Fla. Dist. Ct. App. 2008)

. . . Section 719.105(1), Florida Statutes (2000), addresses appurtenances in the context of cooperatives: . . . However, this claim is based upon an erroneous interpretation of section 719.105(1). . . . A party is not required to prove all of the subsections of section 719.105(1) to establish an appurtenance . . . Rather, section 719.105(1) lists several types of appurtenances. . . . See § 719.105(l)(e), Fla. Stat. (2000). . . .