Overview
A condominium and a condominium association are legally distinct under Florida Statute Chapter 718, the Florida Condominium Act, even though the terms often get used interchangeably. A condominium is a form of real property ownership: your individual unit plus an undivided share in the building's common elements. A condominium association is the nonprofit entity, typically run by a board elected from among the unit owners, responsible for operating and maintaining the property. Every unit owner automatically becomes a member of the association, with no option to opt out.
What Is a Condominium in Florida?
Under Florida Statute 718.103(12), a condominium is a form of ownership of real property created under Chapter 718, comprised entirely of units that may be owned by one or more persons, with an undivided share in the common elements appurtenant to each unit.
In plain terms, a condominium is a type of ownership structure, not a building style. When you buy a condo unit, you own:
- Your individual unit
- A share in the common elements: shared parts of the building like the lobby, pool, roof, and parking areas
This form of ownership is legally created through a Declaration of Condominium, which defines unit boundaries, common areas, and rights of use.
What Is a Condominium Association?
Under Florida Statute 718.103(3), an association means, in addition to any entity responsible for operating common elements owned in undivided shares by unit owners, any entity that operates or maintains other real property in which unit owners have use rights, where membership is composed exclusively of unit owners (or their elected representatives) and is a required condition of unit ownership.
In practice, this is typically a nonprofit corporation made up of the unit owners, created when the condominium is developed. Its core job is managing, maintaining, and operating the common elements on behalf of all owners. The association is responsible for:
- Collecting dues and special assessments
- Maintaining common areas
- Enforcing rules and regulations
- Running board elections and meetings
- Maintaining insurance and financial records
Every owner automatically becomes a member of the association when they buy a unit; there's no opting out.
Key Differences Between a Condo and Its Association
| Feature | Condominium | Condominium Association |
| What it is | A form of real estate ownership | A governing body (usually a nonprofit) |
| Created by | Declaration of Condominium | Articles of Incorporation |
| Who controls it | Individual unit owners (for their own units) | The board of directors, elected by unit owners |
| Owns what | Individual units plus a share of common elements | Usually owns no individual units, but manages the property |
Why This Matters to Condo Buyers and Owners
If you're buying a condo: understand you're entering a shared ownership structure and will be governed by rules the association sets and enforces.
If you're already an owner: know your rights and responsibilities, especially how association decisions, like a special assessment, directly affect your costs.
Common Mistakes to Avoid
- Treating the association like an outside service provider. It's made up of fellow unit owners; if you don't like how it's run, get involved.
- Ignoring the Declaration and Bylaws. These documents govern what you can and can't do in your unit and the building; read them before you buy.
- Assuming the association owns the building. It doesn't. You and the other unit owners do, collectively.
