718.404 Mixed-use condominiums. - Florida Statutes

718.404 Mixed-use condominiums.

When a condominium consists of both residential and commercial units, the following provisions shall apply:

   (1) The condominium documents shall not provide that the owner of any commercial unit shall have the authority to veto amendments to the declaration, articles of incorporation, bylaws, or rules or regulations of the association. This subsection shall apply retroactively as a remedial measure.

   (2) Subject to s. 718.301, where the number of residential units in the condominium equals or exceeds 50 percent of the total units operated by the association, owners of the residential units shall be entitled to vote for a majority of the seats on the board of administration. This subsection shall apply retroactively as a remedial measure.

   (3) In the declaration of condominium for mixed-use condominiums created after January 1, 1996, the ownership share of the common elements assigned to each unit shall be based either on the total square footage of each unit in uniform relationship to the total square footage of each other unit in the condominium or on an equal fractional basis.

   (4) The provisions of this section shall not apply to timeshare condominiums.

History. s. 38, ch. 95-274; s. 4, ch. 96-396; s. 5, ch. 2007-173.