Fla. Stat. §718.404

Mixed-use condominiums

Governs condominiums combining residential and commercial units. Subsection (2) requires that when residential units make up at least fifty percent of the total units, residential owners collectively be entitled to elect a majority of the board of administration. Commercial owners cannot veto amendments to the association documents. For mixed-use condos created after July 1, 2007, ownership and common-expense shares must be allocated either on a per-unit basis or by square footage, with no other allocation method permitted. The Florida Supreme Court in Cohn v. Grand Condominium (Fla. 2011) held that retroactive application of subsection (2) to a 1986 declaration that fixed voting power to the Condominium Act "in effect as of the date of recording" violated the Florida Constitution's contracts clause.

Status Active
Verified May 19, 2026
Source Official text

Reviewed · Florida changes feed

Statutory Text Verified May 14, 2026 · FL_LEG_STATE
718.404 718.404 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.
Legal references last verified May 19, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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