Florida Statutes 718.117: Condo Termination and 80% Vote

Quick Answer

Section 718.117 lets a Florida condominium end condominium ownership by a recorded plan of termination. There are two main routes: termination for economic waste or impossibility, approved by the lesser of the declaration's amendment threshold or its termination threshold, and optional termination, which needs 80 percent of the total voting interests and Division approval, and cannot proceed if 5 percent or more vote no or object in writing.

The statute adds protections when a bulk owner holds 80 percent or more of the voting interests, including fair-market-value floors, relocation payments and sworn disclosures. The most recent amendment in the history line is chapter 2025-175 (HB 913).

At a Glance

What the Law Says

Economic waste or impossibility, subsection (2)

"Notwithstanding any provision in the declaration," a plan may be approved by "the lesser of the lowest percentage of voting interests necessary to amend the declaration or as otherwise provided in the declaration for approval of termination" if repair or construction costs exceed the combined fair market value of the units after completion, or if operating or reconstructing the condominium becomes impossible because of land use laws. Different rules apply to condominiums where 75 percent or more of units are timeshare units (80 percent of voting interests and 80 percent of original mortgage principal).

Optional termination, subsection (3)

• A residential plan must be approved by "at least 80 percent of the total voting interests" before it goes to the Division.
• "If 5 percent or more of the total voting interests of the condominium have rejected the plan of termination by negative vote or by providing written objections, the plan of termination may not proceed."
• Voting interests may not be suspended for the vote. After a 5 percent rejection, no new plan for 24 months.
• The Division has 45 days to flag procedural deficiencies; no notice within 45 days means the plan is presumed accepted.
• Subsection (2) does not apply to optional termination.

Bulk owner protections, paragraph (3)(c)

If at recording at least 80 percent of voting interests are owned by a bulk owner: occupant owners may lease back for 12 months on the same terms offered to the public (written request within 90 days); homestead owners receive a relocation payment of 1 percent of the termination proceeds for their unit, paid by the bulk owner; non-bulk owners must receive at least 100 percent of fair market value (appraisal no more than 90 days old), and homestead or owner-occupied operating business owners current on obligations get at least the original purchase price; and the plan must include a sworn statement disclosing ownership and control, unit acquisition prices, board member relationships and why the plan complies. Subsection (3)(d) lets non-bulk owners elect at least one-third of the board before approval of any plan.

Plan mechanics

• The plan is a written document executed like a deed; a copy must go to all owners at least 14 days before the vote or simultaneously with a written-consent solicitation (9).
• If a plan fails, no new attempt for 18 months (9).
• The plan names a termination trustee (the association by default), a void-after date and each owner's interest in proceeds (10), (13).
• Apportionment is "deemed fair and reasonable" if done by appraisal, property appraiser values or common-element shares (12)(b).
• The trustee notifies owners within 30 days after recording and provides quarterly reports (15), (8).

Contesting a plan, subsection (16)

A unit owner or lienor must petition under section 718.1255 "within 90 days after the date the plan is recorded" or is barred from claims against the association, trustee, owners or successors. The grounds are limited to unfair apportionment, unsatisfied first mortgages (non-bulk owners) and failure to obtain the required vote.

What This Means in Practice

Boards

A plan of termination is not an amendment under section 718.110(4) (subsection (4)). Our reading: the board's job during a plan is process control, because defects in notice, disclosure or the vote are the grounds on which the plan can be undone. Keep the voting-interest count and proof of delivery in the records.

Owners

The 90-day contest window is short and begins at recording, not at the owner's first notice. The termination trustee must send certified-mail notice within 30 days after recording, which tells owners the deadline is running.

Open questions

We did not read chapter 2025-175 to identify what HB 913 changed in this section, and we did not review appellate treatment of the 2025 amendments. See the Biscayne 21 case page for a related dispute over termination thresholds.

Timeline

Related Florida Law

• Section 718.1255: dispute resolution, where termination contests are filed.
• Avila v. Biscayne 21.
• HB 913 (2025).
• Chapter 718 overview.

Board Checklist

• Pull the declaration's amendment and termination provisions before any discussion of a plan.
• Verify who is a bulk owner and whether the 80 percent threshold is met.
• Calendar the 14-day plan delivery, 45-day Division review, 30-day notice and 90-day contest dates.
• Do not suspend any owner's vote for a termination vote.
• Preserve proof of mailing and the voting record.
• Retain counsel before circulating any plan.

Frequently Asked Questions

What vote ends a condominium under optional termination?

At least 80 percent of total voting interests, and the plan cannot proceed if 5 percent or more reject it by vote or written objection.

Can an owner be forced out without compensation?

The plan must allocate proceeds, and for bulk-owner plans the statute sets a minimum of 100 percent of fair market value, with a purchase-price floor for certain homestead owners.

How long do owners have to challenge a plan?

90 days after recording, by petition under section 718.1255.

What happens to the association?

It continues to exist to conclude its affairs, and acts as termination trustee unless the plan names someone else.

What if a plan is rejected?

A failed plan cannot be re-proposed for 18 months, and a plan rejected by 5 percent or more under optional termination waits 24 months.

Where This Comes From

We read the full 2026 text and history line of section 718.117 on the Florida Legislature's Online Sunshine site (section 718.117). Quotations are from the statute text. We did not read the session laws.

Where We Stand

Our position: we are neutral on the termination framework. Termination is a decision for owners and their attorneys, and the right answer depends on the building. From a management seat, we see that the transition is where records fail: ownership lists, mailing addresses and voting counts all get tested. A practical tip: have the association's owner contact and voting-interest records audited early, before any plan is circulated. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.