Overview
The Declaration of Condominium is the legal document that creates a condominium under Florida law and functions as the community's constitution: it defines unit boundaries, common elements, use restrictions, and ownership percentages. Recorded in the county's public records under Florida Statute 718.104, it directly governs what you can and can't do with your unit, from renting it short-term to renovating it, and it's typically the first document consulted in any dispute. Amending it usually requires a supermajority vote of unit owners, often two-thirds or more, so review it closely before buying.
What Is the Declaration of Condominium?
The Declaration of Condominium is the legal document that creates a condominium under Florida law. Under Florida Statute 718.104, it's recorded in the public records of the county where the property is located and serves as the legal blueprint for the entire condominium community.
Think of it as the condo's constitution: it lays out the property's legal description, unit boundaries, common elements, use restrictions, and more.
What's Included in the Declaration?
Contents vary by community, but under Florida Statute 718.104(4), it must include specific details, such as:
- Legal description of the property
- Survey and plot plans showing unit boundaries, common areas, and easements
- Identification of units and their percentage ownership in common elements
- Bylaws, or references to them
- Use restrictions (pet policies, leasing rules, age restrictions)
- Maintenance responsibilities for units, limited common elements, and shared spaces
- Rights and obligations of the association and unit owners
- Provisions for amendments to the document
Why the Declaration Matters
The Declaration isn't just paperwork, it's legally enforceable and directly affects how you can use and live in your unit. For example:
- Want to rent your unit short-term? The Declaration might prohibit it.
- Want to renovate your condo? It may outline specific restrictions on alterations.
- Disagree with how dues are calculated? The percentage of ownership and expense sharing is set in the Declaration.
If a dispute arises between you and the association or another owner, the Declaration is typically the first document consulted.
Can the Declaration Be Changed?
Yes, but it isn't easy. Amendments typically require a supermajority vote of unit owners, often two-thirds or more, as outlined in the governing documents. Depending on the nature of the change, amendments may also require mortgagee consent or legal approval.
How to Access the Declaration
Before buying, request the condo's governing documents, including the Declaration, from the seller, listing agent, or condo association. Florida law requires these documents be provided to prospective buyers of resale units, typically during the condo disclosure period.
The Declaration is also usually recorded in the county's public records and accessible directly there.
