Fla. Stat. § 718.115
Common expenses; liability
Plain-English summary
Common Elements summary — Section 718.115 defines what counts as a common expense (and therefore what the association can assess against units) and confirms that every unit owner is liable for their share. The list is broad: maintenance and repair of the common elements, casualty insurance, operating expenses of association property, professional fees, security, utilities serving the common elements, and any other expense expressly authorized by the declaration. The section also addresses two perpetual fights: (1) limited common element expenses — costs that benefit only a subset of units (a specific stack's balconies, a specific tower's roof) can be charged only to those benefited units if the declaration authorizes it; (2) communications services — bulk cable, internet, and similar are allowed as common expenses if the declaration permits or the board contracts under 718.115(1)(d). Practical takeaway: when an owner challenges a charge as "not a proper common expense," the analysis is always (1) does the declaration list it, (2) does 718.115 authorize it, and (3) is the allocation among units consistent with the declaration's percentage schedule. Get any of those three wrong and the assessment is voidable.
Not legal advice. Click through to the official source for statutory text.
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