Unit 8: Property rights: estates and tenancies

Condominiums, cooperatives and time-shares

Condominiums, cooperatives and time-shares are ways of owning or using part of a larger property. Florida regulates each in its own chapter of the statutes, and each chapter gives buyers a short window to back out of the contract.

Condominiums (Chapter 718)

Under Fla. Stat. 718.103(12), a condominium is a form of ownership of real property. The owner holds:

  • a unit, the part of the property subject to exclusive ownership (718.103(31)); and
  • an undivided share in the common elements, the parts of the property not in any unit, such as hallways, pools and grounds (718.103(9)).

The unit and its share of the common elements together form the condominium parcel (718.103(13)). The share of the common elements is appurtenant to the unit, so the two pass together. The owner gets a deed, can get a mortgage, and pays property taxes on the parcel.

Cancellation: buying from the developer

Under 718.503(1)(a)1, a contract to buy a unit from the developer is voidable by the buyer by written notice within 15 days after the buyer signs the contract and receives all the documents the developer must deliver. The buyer's right to void the contract ends at closing.

Cancellation: resales

When a unit owner other than the developer sells, the contract must include one of two clauses (718.503(2)(d)):

  1. the buyer acknowledges receiving the condominium documents more than 7 days, excluding Saturdays, Sundays and legal holidays, before signing; or
  2. the contract is voidable by the buyer by written notice within 7 days, excluding Saturdays, Sundays and legal holidays, after the buyer signs and receives the documents, if the buyer asked for them in writing.

Any purported waiver of this right has no effect, and it ends at closing.

Cooperatives (Chapter 719)

In a cooperative, legal title to the whole property is held by a corporation or other entity, the association (719.103(12)). A buyer does not get a deed to a unit. Instead, the unit owner holds a share in the cooperative association plus a lease or other right to occupy a unit (719.103(27)). Because the owner holds shares and a lease rather than a deed, a co-op interest has traditionally been treated as personal property.

The cancellation rules mirror the condominium rules:

Sale Buyer's right Source
From the developer Void within 15 days after signing and receiving all required items; ends at closing 719.503(1)(a)1
Resale Void within 7 days, excluding Saturdays, Sundays and legal holidays, unless the buyer got the documents more than 7 such days before signing 719.503(2)(c)

Time-shares (Chapter 721)

A time-share gives the right to use accommodations for a set period, such as one week a year. Florida recognizes two main kinds:

Type What the buyer gets Source
Timeshare estate A right to occupy coupled with a freehold estate or an estate for years. It is a parcel of real property. 721.05(34)
Timeshare license A right to occupy that is not a timeshare estate (or a personal property timeshare interest). No real property interest. 721.05(37)

Cancellation

Under 721.10(1), a purchaser may cancel the contract until midnight of the 10th calendar day after the later of:

  • the date the contract is signed; or
  • the day the purchaser receives the last of the required documents.

Under 721.10(2), this right cannot be waived, and no one may ask the purchaser to waive it.

Comparing the three

Condominium Cooperative Time-share
Buyer receives Deed to unit plus share of common elements Shares plus lease Estate or license for a time period
Developer sale cancellation 15 days 15 days 10 calendar days
Resale cancellation 7 days, excluding weekends and legal holidays 7 days, excluding weekends and legal holidays Not covered here

Knowledge check

Part 1 of 2. Finish to earn XP.
Fill in the cancellation periods.
A buyer from a condominium developer may cancel within days. A buyer in a condominium resale who did not get the documents in advance may cancel within days, excluding weekends and legal holidays. A time-share purchaser may cancel until midnight of the th calendar day.
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