If you’re buying a condo in Florida, one of the most essential documents you’ll encounter is the Declaration of Condominium. This legal document forms the foundation of every condominium community. It plays a significant role in defining your rights and responsibilities as a unit owner.
Let’s break down the Declaration of Condominium, what it includes, and why you should read it before buying.
What Is the Declaration of Condominium?
The Declaration of Condominium is a legal document that creates a condominium under Florida law. According to Florida Statutes Section 718.104, this document is recorded in the public records of the county where the property is located and serves as the legal blueprint of 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?
The contents of a Declaration can vary by community. Still, under Florida Statutes Section 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 (e.g. 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 of Condominium isn’t just paperwork—it’s enforceable by law. It 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 restrictions on alterations.
Disagree with how dues are calculated? The percentage of ownership and expense sharing is set in the Declaration.
Suppose there’s a dispute between you and the condo association or another owner. In that case, the Declaration is typically the first document consulted.
Can the Declaration Be Changed?
Yes, but it’s not easy. Amendments to the Declaration typically require a supermajority vote of the unit owners—often two-thirds or more—as outlined in the governing documents. Depending on the nature of the amendment, changes 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 that these documents be provided to prospective buyers of resale units, especially during the condo disclosure period.
The Declaration is often recorded in the county’s public records.
Final Thoughts
The Declaration of Condominium is a critical legal document that defines the rules, responsibilities, and structure of your condo ownership. Understanding what it says can help you avoid costly mistakes, from buying in a building with unwanted restrictions to unknowingly violating community rules.
If you’re unsure how to interpret the Declaration, consider hiring a Florida real estate attorney to review it before closing.