Question 1

What is a horizontal property regime in Florida?

Accepted Answer

A horizontal property regime is the legal structure that creates a condominium: a form of property ownership where individual units are separately owned while common areas (lobbies, hallways, pools, grounds) are jointly owned by all unit owners. The "regime" is established by recording a declaration of condominium in the public records. Once created, the regime: divides the property into individually owned units and shared common elements, creates the condominium association, establishes each unit's percentage of common element ownership, defines the governance structure, and creates a framework for shared expenses and maintenance. In Florida, the horizontal property regime is governed by Chapter 718.

Question 2

What documents create a horizontal property regime?

Accepted Answer

Required documents: the declaration of condominium (the master document that creates the regime, defines units and common elements, establishes governance rules, and is recorded in the public records), the articles of incorporation of the condominium association (filed with the Florida Division of Corporations), the bylaws (operational rules for the association), the survey and legal description (defining the physical boundaries of each unit and common element), and the prospectus or offering circular (required for new condominiums, providing disclosure to prospective purchasers under §718.504). These documents are collectively called the "condominium documents" or "governing documents."

Question 3

How does a horizontal property regime affect property ownership?

Accepted Answer

The regime creates a unique form of ownership: each unit owner holds fee simple title to their individual unit (and can sell, mortgage, or lease it independently), each unit owner has an undivided interest in the common elements (proportional to their unit's share as specified in the declaration), the unit and common element interest cannot be separated (they are legally inseparable), assessments are shared among all unit owners based on their percentage of common element ownership, the condominium association manages the common elements on behalf of all owners, and each unit is independently taxed (the unit owner receives a separate property tax bill for their unit and its share of common elements).

Horizontal Property Regime Condominium

Horizontal Property Regime: Condominium

What It Creates

Creating Documents

Ownership Impact

Related Terms

Barnes Walker Condo Law

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