Call US NOW TO SCHEDULE A MEDIATION
239-418-0888

Condominium Claims in Florida:
A Guide to Understanding Florida Statute 718

Name: Michael Tew
Address: 2739 Oak Ridge Court Suite 201, Fort Myers, FL, 33901, US
Telephone: (239) 418-0888
Price range: $$

Introduction

Condominiums are a popular form of housing in Florida, with many people purchasing a condo as their primary or secondary residence. However, with the increasing popularity of condos comes an increase in legal disputes between condo owners and their associations. This article will guide understanding condominium claims in Florida, including the relevant Florida statutes, key terms, and how mediation can be an effective tool.

Understanding Florida Statutes for Condominium Claims

Condominiums are popular form of housing in Florida, with many people purchasing a condo as their primary or secondary residence. However, with the increasing popularity of condos comes an increase in legal disputes between condo owners and their associations.

Florida Statutes Chapter 718 of the Florida Statutes covers a wide range of topics related to condominiums, including the creation and operation of condominium associations, the right and responsibilities of unit owners, and the duties of developers. In addition, the chapter sets out detailed requirements for the operation and governance of condominiums, including rules for elections, meetings, and financial reporting.

Overview of Chapter 718

Florida Statutes Chapter 718 of the Florida Statutes covers a wide range of topics related to condominiums, including the creation and operation of condominium associations, the rights and responsibilities of unit owners, and the duties of developers. In addition, the chapter sets out detailed requirements for the operation and governance of condominiums, including rules for elections, meetings, and financial reporting.

Explanation of Key Terms

To understand Chapter 718, it is essential to understand some key terms used throughout the chapter. These include:

Unit owner: A person who owns a condominium unit.
Common elements: Areas and facilities in a condominium owned by all unit owners, such as the building’s exterior, recreational facilities, and common areas.
Limited common elements: Areas or facilities in a condominium reserved for the exclusive use of one or more unit owners, such as a parking space or balcony.
Condominium association: A legal entity created to manage and govern the condominium.
Board of Directors: A group of individuals elected by the unit owners to manage the affairs of the condominium association.
Declaration of condominium: The legal document that creates the condominium and sets out the rights and responsibilities of the unit owners, association, and developer.

Common Claims under Chapter 718

Chapter 718 sets out a number of rights and responsibilities for unit owners and condominium associations, and disputes can arise when these are not upheld. Some common claims that can be made under Chapter 718 include the following:

Failure to maintain common elements: Condominium associations have a duty to maintain the condominium’s common elements in good condition. If a claimant believes that the association has failed to do so, they may be able to make a claim under Chapter 718.
Breach of fiduciary duty: Board members of a condominium association have a fiduciary duty to act in the best interests of the unit owners. If a claimant believes that a board member has breached this duty, they may be able to make a claim under Chapter 718.
Discrimination: Chapter 718 prohibits discrimination based on race, national origin, religion, disability, familial status, or gender. If a claimant believes that the association or other unit owners have discriminated against them, they may be able to make a claim under Chapter 718.

Conclusion

Understanding the key terms and common claims under Chapter 718 is an essential first step for claimants in condominium disputes. By knowing their rights and obligations under the law, claimants can better protect their interests and work towards a resolution to their dispute.

By being proactive and seeking legal guidance, condominium owners can ensure their interests are protected and their voices are heard.

Using Mediation Services as an Alternative Dispute Resolution

Mediation is a process of alternative dispute resolution that can be an effective tool for resolving condominium disputes. It involves the parties in a dispute coming together with a neutral third party, a mediator, to discuss their issues and work towards a resolution.

Michael F. Tew Mediation Services encourages compromise by facilitating reevaluation, negotiation, and cooperation among the parties to reach a mutually aggregable resolution of the dispute. Call now at 239-418-0888 to schedule a confidential consultation!

Zoom Mediation

Michael Tew, Florida Supreme Court Certified Circuit Mediator, is dedicated to providing clients across the State of Florida with efficient and effective mediation services. By leveraging the power of the Zoom platform, he offers his expertise to clients in every corner of the state, without the need for in-person meetings. With a focus on confidentiality and convenience, Michael Tew ensures that all parties can engage in productive discussions that lead to mutually beneficial resolutions, regardless of their physical location.

Serving the Greater Lee County area and the State of Florida

(239) 418-0888

michael@gulfcoastlegalgroup.com

Pratice Areas

Disclaimer

The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice.

Condominium Claims in Florida: A Guide to Understanding Florida Statute 718