Condominium Declaration

What Is a Condominium Declaration?

A condominium declaration is the master legal document that creates a condominium and defines its governance structure. It is recorded with the county clerk and is binding on all unit owners, the condominium association, and the original developer. The declaration establishes what constitutes individual units versus common elements, how expenses are shared, and what rules govern the community.

Florida Legal Requirements

Under Section 718.104, Florida Statutes, a condominium declaration must include:

• Legal description of the land and each unit
• Unit boundaries defining what the unit owner actually owns (interior walls, fixtures, etc.)
• Common elements description (roof, exterior walls, lobbies, elevators, parking areas, pools)
• Percentage of ownership for each unit (determines voting rights and share of common expenses)
• Use restrictions (residential only, rental restrictions, pet policies, etc.)
• Assessment obligations of each unit owner
• Insurance requirements for the association and individual units
• Amendment procedures (typically requires approval of 75% or more of unit owners)

Declaration vs. Bylaws vs. Rules

• Declaration — The supreme governing document. Recorded in public records. Difficult to amend (usually 75%+ owner approval). Defines ownership, boundaries, and fundamental rights.
• Bylaws — Govern the internal operations of the association (board elections, meeting procedures, officer duties). Easier to amend than the declaration.
• Rules and regulations — Day-to-day operating rules adopted by the board (pool hours, guest policies, parking rules). Can be changed by board vote.

In any conflict, the declaration takes priority over bylaws, and bylaws take priority over rules.

Related Terms

• Condominium Association — The entity that enforces the declaration
• Restrictive Covenant — Similar restrictions for non-condo communities
• HOA — Comparable entity governed by Chapter 720
• Deed Restriction — Individual property restrictions

Barnes Walker Condominium Law

Barnes Walker's attorneys draft, amend, and interpret condominium declarations for associations and developers. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC