Florida Statutes
Part I - General Provisions (Ss. 718.101-718.129)
718.107 - Restraint upon separation and partition of common elements.


(1) The undivided share in the common elements which is appurtenant to a unit shall not be separated from it and shall pass with the title to the unit, whether or not separately described.
(2) The share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit.
(3) The shares in the common elements appurtenant to units are undivided, and no action for partition of the common elements shall lie.
History.—s. 1, ch. 76-222.

Structure Florida Statutes

Florida Statutes

Title XL - Real and Personal Property

Chapter 718 - Condominiums

Part I - General Provisions (Ss. 718.101-718.129)

718.101 - Short title.

718.102 - Purposes.

718.103 - Definitions.

718.1035 - Power of attorney; compliance with chapter.

718.104 - Creation of condominiums; contents of declaration.

718.1045 - Timeshare estates; limitation on creation.

718.105 - Recording of declaration.

718.106 - Condominium parcels; appurtenances; possession and enjoyment.

718.107 - Restraint upon separation and partition of common elements.

718.108 - Common elements.

718.1085 - Certain regulations not to be retroactively applied.

718.109 - Legal description of condominium parcels.

718.110 - Amendment of declaration; correction of error or omission in declaration by circuit court.

718.111 - The association.

718.112 - Bylaws.

718.1124 - Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner.

718.113 - Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; display of religious decorations.

718.114 - Association powers.

718.115 - Common expenses and common surplus.

718.116 - Assessments; liability; lien and priority; interest; collection.

718.117 - Termination of condominium.

718.118 - Equitable relief.

718.119 - Limitation of liability.

718.120 - Separate taxation of condominium parcels; survival of declaration after tax sale; assessment of timeshare estates.

718.121 - Liens.

718.122 - Unconscionability of certain leases; rebuttable presumption.

718.1224 - Prohibition against SLAPP suits.

718.1225 - Federal Condominium and Cooperative Abuse Relief Act of 1980; applicability.

718.123 - Right of owners to peaceably assemble.

718.1232 - Cable television service; resident’s right to access without extra charge.

718.124 - Limitation on actions by association.

718.125 - Attorney’s fees.

718.1255 - Alternative dispute resolution; mediation; nonbinding arbitration; applicability.

718.1256 - Condominiums as residential property.

718.1265 - Association emergency powers.

718.127 - Receivership notification.

718.128 - Electronic voting.

718.129 - Law enforcement vehicles.