Question 1

What is a master deed?

Accepted Answer

A master deed (also called a declaration of condominium in Florida) is the legal document that creates a condominium and establishes its governance structure. In Florida, the master deed is recorded in the county public records and includes: the legal description of the property, the identification of individual units (with boundaries), the identification of common elements (shared property), the allocation of ownership shares (percentage interest), the creation of the condominium association, and the covenants, conditions, and restrictions (CC&Rs) that govern the community. Under Section 718.104, the declaration must be recorded before any unit can be sold, and it must include specific information required by the Florida Condominium Act.

Question 2

What does a Florida master deed contain?

Accepted Answer

Required contents (Section 718.104): the name of the condominium, the legal description of the property, a survey of the land, a graphic description of the improvements (showing the location and dimensions of each unit), the undivided share of the common elements appurtenant to each unit, the voting rights of each unit, the manner of sharing common expenses, any restrictions on use, sale, or lease of units, insurance requirements, amendment provisions, and any rights of the developer (including the right to add phases, the right to use sales facilities, and the right to control the association during the developer control period). The declaration is the most important document in a condominium: it controls how the community operates and what rights each owner has.

Question 3

Can a Florida master deed be amended?

Accepted Answer

Amendment: the master deed can be amended, but the process is typically difficult and requires: a supermajority vote of the unit owners (often 75% or more), compliance with the amendment procedures specified in the declaration, recording of the amendment in the county public records, and in some cases, lender consent (if the amendment affects mortgagee rights). Under Section 718.110, certain amendments require a unanimous vote: changes to the unit boundaries or the unit’s share of common expenses, conversion of common elements to limited common elements (or vice versa), and any amendment that materially alters or modifies the appurtenances to a unit. The developer may have special amendment rights during the developer control period.

Master Deed

Master Deeds (Declarations of Condominium) in Florida

Required Contents

Amendment

Related Terms

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