What Is a Declaration of Condominium?
A condominium does not exist until a developer files a Declaration of Condominium with the county Clerk of Court. This massive legal document (often 100+ pages) is the founding charter of the entire condominium community. It is governed by the Florida Condominium Act (Chapter 718, Florida Statutes).
The Declaration is the supreme governing document of the condo. It trumps the Bylaws, the Rules and Regulations, and any vote by the board of directors. If there is a conflict between the Declaration and any other document, the Declaration wins.
What the Declaration Contains
- Legal Description of the Land — The exact legal description of the real property being submitted to condominium ownership.
- Unit Boundaries — A precise definition of where each unit begins and ends (typically the interior surface of the walls, floor, and ceiling).
- Common Elements — Everything outside the units that is owned collectively: the roof, exterior walls, elevators, parking lots, pools, lobbies, and hallways.
- Percentage of Ownership — Each unit is assigned a percentage interest in the common elements, which determines the owner's share of assessments and their voting power.
- Use Restrictions — Rules on pets, rentals, noise, renovations, and commercial activity within units.
- Assessment Authority — The association's legal power to levy regular and special assessments, and the enforcement mechanisms (including lien and foreclosure rights) for unpaid dues.
Amending the Declaration
Because the Declaration is so powerful, amending it is intentionally difficult. Most Declarations require a supermajority vote of the unit owners (typically 67% to 75% of all voting interests) to approve any amendment. Certain provisions (like the percentage of ownership assigned to each unit) cannot be amended without the unanimous consent of every owner.
Related Terms
- Condominium — The form of ownership created by the Declaration
- Assessments — The financial charges authorized by the Declaration
- Condominium Termination — The process of dissolving the Declaration
Barnes Walker Condominium Law
Barnes Walker's condominium attorneys draft, review, and amend Declarations of Condominium for Florida developers and condo associations, ensuring compliance with Chapter 718 and protecting the legal rights of both the association and individual unit owners. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 718
The Florida Condominium Act governs the creation, operation, and management of condominiums, including buyer rights, association powers, and assessment authority.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC