What is a declaration of condominium in Florida?

What is a declaration of condominium in Florida?

A condominium, in Florida, is created by the filing and recording of a Declaration of Condominium. The Declaration is the statutorily declared document of creation. The Declaration is more than a mere contract spelling out the rights and obligations of the parties.

How do I find my condo declaration in Florida?

Start by looking up the specific property or any unit in the same building at the property appraisers web site. Scroll down and click on the Book/Page of the last Warranty Deed. This will link to the clerk of courts web site. Now download the image and look at the legal description.

Do condo rules need to be recorded in Florida?

A: Section 718.111(12) of the Florida Condominium Act requires an association to permanently maintain from the inception of the association, certain official records, including the declaration of condominium, bylaws, articles of incorporation and rules and regulations.

What is another name for declaration of condominium?

Master Deed
A Condominium Declaration, also sometimes known as Master Deed, is a fundamental document that establishes the existence of and further governs the use and maintenance of a condominium property.

Where are condominium documents filed in Florida?

appropriate credentials upon arrival. If you have done all of the above and still are not obtaining cooperation, you may file a complaint with the Division of Florida Condominiums, Timeshares and Mobile Homes at 2601 Blair Stone Road, Tallahassee, Florida 32399-1031.

How do I amend a condo declaration in Florida?

Section 718.110 of the Florida Condominium discusses amendments to a declaration of condominium. The statute provides that if the declaration fails to provide a method of amendment, the declaration may be amended as to most matters, by the affirmative vote of two-thirds of all unit owners.

Where can I find HOA documents in Florida?

HOA Information and Documents Florida Recorded Document Search – Visit the county recorder’s office where the property is located to find an association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents.

How do you change condo rules and regulations in Florida?

How to Add New Rules and Regulations to Existing Bylaws in Your Condo Community


Is a declaration the same as bylaws?

The Declaration is the Big Dog or the Master of the documents, if you will. It is the document that, among other things, establishes the association, contains the use restrictions, the maintenance requirements, and defines the common elements. The Bylaws set up the corporation and how it is to be run.

Which of the following is the most important of all condominium documents?

The Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions, or “CC&Rs”, is the primary and most important governing document for a condominium or planned development, and is required for all condominiums and planned developments.

Are condo documents available to all unit owners in Florida?

Florida law requires that condominiums maintain the official records of the association within the state for at least 7 years. The records of the association shall be made available to a unit owner within 45 miles of the condominium property or within the county in which the condominium property is located.

How do I find HOA documents in Florida?

Can you record HOA meetings in Florida?

States like California, Florida, and Pennsylvania have two-party consent laws, which means that all parties involved must consent to the recording. If there is no consent, it is illegal.

Are HOA documents public record in Florida?

New Law Requires Recording of Homeowners’ Association Rule Amendments. A: Yes. The recent changes to the Florida Homeowners’ Association Act require that amendments to rules and regulations made on or after July 1, 2018 be recorded in the public records.

What Florida statute governs a condominium?

The Florida Condominium Act, Fla. Stat. §718.101, et. seq., governs the formation, management, powers, and operation of condominium associations in Florida.

Who regulates condo associations in Florida?

Stat. §720.302(2). The Office of the Condominium Ombudsman is a government agency established to regulate residential communities in Florida and oversee, among other things, education, complaint resolution, mediation and arbitration, and developer disclosure.

Can you amend a declaration?

“Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that fails to include provisions permitting its amendment at all times during its existence may be amended at any time.” (Civ. Code § 4260.)

What is the purpose of condominium bylaws?

The condominium board can make, amend or repeal rules by resolution. Rules can cover procedures used in administering the corporation, as well as the corporation’s real, personal, common and managed property.

Why would additional documentation and disclosures be required for the purchase of a condo?

Why would additional documentation and disclosures be required for the purchase of a condo? Condos are subject to CC&Rs and rules established by a homeowners’ association. The existence of and subjugation to an HOA must be disclosed to the buyer in addition to any other disclosures required by law.

When purchasing an existing condominium the buyer must receive which of the following documents?

The 7 documents required to be provided to the buyer include: Articles of Incorporation, Declaration of Condominium, Bylaws of the Association, Frequently Asked Questions, Most Recent Year-End Financial Report, Governance Form, and Rules of the Association.