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Without a good, clear definition, it is impossible to discuss the
undefined term or concept. Many people own and live in them, but what is a condominium? Since we are dealing with Florida
Law, we must turn to the Florida Condominium Act, FS718, for answers.
Condominium
According
to FS718 718.103(11) "Condominium" means that form of ownership of real property created pursuant to this chapter, which is
comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an
undivided share in common elements.
Association
According to FS718 718.103(11)(2) "Association" means, in addition
to any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which
operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed
exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership.
Association Must Be A Corporation
According to FS 718.104(3)(i) The name of the association, which
must be a corporation for profit or a corporation not for profit.
Corporation
An artificial person created by and operating under law, thus possessing
only the properties its charter gives it; a legal entity having an existence and personality distinct from that of the individual
members that form it, but having the capacity of acting as a single person in matters related to its purpose. There are "public"
and "private" corporations. Public corporations are created by the state for political purposes, e.g., a town government or
a school district. Public corporations also refer to those that sell shares to the general public. Private corporations are
created by private persons for nongovernmental purposes. Their shares are not sold to the public at large.
Thus, a condominium is a form of real estate ownership that must
be operated by a Florida for profit or a corporation not for profit.
When the Legislature created FS718, it made a fundamental mistake
in law. The Condominium Association Corporation exercises special powers that were not considered by the legislature. The
Condominium Association Corporation is a de facto government, for it exercises quasi-governmental, quasi-executive, quasi-legislative,
and quasi-judicial powers. These special powers make the Condominium Association Corporation a form of government, almost
exactly the way the state created public corporations for political purposes, e.g., a town government or a school district.
Condominiums are buildings in which individuals separately own the
air space inside the interior walls, floors and ceilings of their unit, but they jointly own an interest in the common areas
that they share such as the exterior doors, windows, land, lobby, hallways, swimming pool, and parking lot. Each owner is
responsible for paying a monthly fee to the condo association, which is made up of the unit owners. The fee covers maintenance,
repairs, and building insurance.
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