(1) The liability of the owner of a unit for common expenses is limited to the amounts for which he or she is assessed for common expenses from time to time in accordance with this chapter, the declaration, and bylaws.
(2) The owner of a unit may be personally liable for the acts or omissions of the association in relation to the use of the common elements, but only to the extent of his or her pro rata share of that liability in the same percentage as his or her interest in the common elements, and then in no case shall that liability exceed the value of his or her unit.
(3) In any legal action in which the association may be exposed to liability in excess of insurance coverage protecting it and the unit owners, the association shall give notice of the exposure within a reasonable time to all unit owners, and they shall have the right to intervene and defend.
History.—s. 1, ch. 76-222; s. 6, ch. 77-221; s. 5, ch. 77-222; s. 857, ch. 97-102.
Structure Florida Statutes
Title XL - Real and Personal Property
Part I - General Provisions (Ss. 718.101-718.129)
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.
718.1085 - 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.
718.115 - Common expenses and common surplus.
718.116 - Assessments; liability; lien and priority; interest; collection.
718.117 - Termination of condominium.
718.119 - Limitation of liability.
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.
718.1255 - Alternative dispute resolution; mediation; nonbinding arbitration; applicability.
718.1256 - Condominiums as residential property.
718.1265 - Association emergency powers.