Florida Statutes
Part I - General Provisions (Ss. 719.101-719.131)
719.107 - Common expenses; assessment.



(1)(a) Common expenses include the expenses of the operation, maintenance, repair, or replacement of the cooperative property; costs of carrying out the powers and duties of the association; and any other expense, whether or not included in this paragraph, designated as common expense by this chapter or the cooperative documents.
(b) If so provided in the bylaws, the cost of communications services as defined in chapter 202, information services, or Internet services obtained pursuant to a bulk contract shall be deemed a common expense, and if not obtained pursuant to a bulk contract, such cost shall be considered common expense if it is designated as such in a written contract between the board of administration and the company providing the communications services as defined in chapter 202, information services, or Internet services. The contract shall be for a term of not less than 2 years.
1. Any contract made by the board after April 2, 1992, for a community antenna system or duly franchised cable television service, communications services as defined in chapter 202, information services, or Internet services may be canceled by a majority of the voting interests present at the next regular or special meeting of the association. Any member may make a motion to cancel the contract, but if no motion is made or if such motion fails to obtain the required majority at the next regular or special meeting, whichever is sooner, following the making of the contract, then such contract shall be deemed ratified for the term therein expressed.
2. Any such contract shall provide, and shall be deemed to provide if not expressly set forth, that any hearing impaired or legally blind unit owner who does not occupy the unit with a nonhearing impaired or sighted person may discontinue the service without incurring disconnect fees, penalties, or subsequent service charges, and as to such units, the owners shall not be required to pay any common expenses charge related to such service. If less than all members of an association share the expenses of cable television, the expense shall be shared equally by all participating unit owners. The association may use the provisions of s. 719.108 to enforce payment of the shares of such costs by the unit owners receiving cable television.

(c) If any unpaid share of common expenses or assessments is extinguished by foreclosure of a superior lien or by a deed in lieu of foreclosure thereof, the unpaid share of common expenses or assessments are common expenses collectible from all the unit owners in the cooperative in which the unit is located.
(d) With respect to each timeshare unit, each owner of a timeshare estate therein is jointly and severally liable for the payment of all assessments and other charges levied against or with respect to that unit pursuant to the cooperative documents, except to the extent that the cooperative documents provide to the contrary. This paragraph does not apply to any unit that is not committed to a timeshare plan.
(e) Common expenses include the costs of insurance acquired by the association under the authority of s. 719.104(3), including costs and contingent expenses required to participate in a self-insurance fund authorized and approved pursuant to s. 624.462.

(2) Funds for the payment of common expenses shall be collected by assessments against unit owners in the proportions or percentages of sharing common expenses provided in the cooperative documents.
History.—s. 2, ch. 76-222; s. 1, ch. 77-174; s. 16, ch. 86-175; s. 21, ch. 92-49; s. 2, ch. 2000-302; s. 12, ch. 2007-80; s. 11, ch. 2018-96.

Structure Florida Statutes

Florida Statutes

Title XL - Real and Personal Property

Chapter 719 - Cooperatives

Part I - General Provisions (Ss. 719.101-719.131)

719.101 - Short title.

719.102 - Purpose.

719.103 - Definitions.

719.1035 - Creation of cooperatives.

719.104 - Cooperatives; access to units; records; financial reports; assessments; purchase of leases.

719.105 - Cooperative parcels; appurtenances; possession and enjoyment.

719.1055 - Amendment of cooperative documents; alteration and acquisition of property.

719.106 - Bylaws; cooperative ownership.

719.1064 - Failure to fill vacancies on board of administration; appointment of receiver upon petition of unit owner.

719.1065 - Power of attorney; compliance with chapter.

719.107 - Common expenses; assessment.

719.108 - Rents and assessments; liability; lien and priority; interest; collection; cooperative ownership.

719.109 - Right of owners to peaceably assemble.

719.110 - Limitation on actions by association.

719.111 - Attorney’s fees.

719.112 - Unconscionability of certain leases; rebuttable presumption.

719.1124 - Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner.

719.114 - Separate taxation of cooperative parcels; survival of contractual provisions after tax sale.

719.115 - Limitation of liability.

719.1255 - Alternative resolution of disputes.

719.127 - Receivership notification.

719.128 - Association emergency powers.

719.129 - Electronic voting.

719.131 - Law enforcement vehicles.