The first test in determining whether or not a condominium qualifies as a residential condominium is to count the number of units. A residential condominium is a condominium that consists of two or more units. Any or all of the residents may be used as private residences, both temporary and permanent.
The next test is to determine the use of the condominium units. A condominium is not a residential condominium if its intended use is primarily commercial or industrial and not more than three units are intended to be used for private residence, and are intended to be used as housing for maintenance, managerial, janitorial, or other operational staff of the condominium.
The third test is to make sure that the condominium is not a timeshare condominium. A condominium that is not a timeshare condominium is a residential unit intended as a private temporary or permanent residence and not intended for commercial or industrial use.
To find out more about condominiums, check out the definitions found at section 718.103, Florida Statutes.
Click here to view the statute!