Governance

Condominium Governing Documents

Condominiums in  Florida are created pursuant to Florida Statute 718.

 Governing Documents
  • Declaration  is the master deed that's recorded in the county where the condominium is located and creates the condominium. It defines the portions of the development that individual owners are responsible for and those managed by the Association.  It creates the framework for operating/managing the Association and defines the rights, restrictions and responsibilities of each owner in the Association. It provides legal descriptions and identifies units and common expense percentages.
  • Articles of Incorporation  (corporate charter) bring the Condominium Association (i.e., the corporation) into existence and describe its structure.
 My Condo Articles of Incorporation
  • Plot Plan & Survey  define what's included in the Association - condominium units, land and common areas/structures.
 My Condo Plot Plan & Survey
  • Bylaws  define how the Association operates.
 My Condo Bylaws
  • Rules and Regulations  are supplemental restrictions authorized by the bylaws and promulgated by the board. They regulate day-to-day use of the condominium units and common areas.
 My Condo Rules & Regulations

Hierarchy of Documents

Here's the order of document precedence. FL Statutes overrule all other documents unless they specifically say "unless defined in the association's Declaration".

Other Applicable Florida Statutes

Chapter 119
Public Records (Open inspection of records at all reasonable times)
Chapter 120
Administrative Procedure Act (Sets standards for state agencies & their authorities)
Chapter 399
Elevator Safety
Chapter 482
Pest Control
Chapter 493
Private Security Services (ss. 493.6301 - 493.6305)
Chapter 509
Regulation of Resort Condominiums (Rented to public more than 3 times per year for periods of less than a month.)
Chapter 514
Operation & Control of Public Pools (Pool operation requires valid permit from Department, which is renewed annually.)
Chapter 715
Vehicle Towing
Chapter 760
Fair Housing Act (Covers race, color, religion, gender, national origin, age, handicapped [including AIDS/HIV], or marital/familial status)

Florida Statutes (Condos & HOAs)

Chapter 718 – Condominiums (The Condominium Act) – Members own their unit and an undivided share in the common elements.

    • Part I –  General Provisions
    • Part II –  Rights & Obligations of Developers
    • Part III –  Rights & Obligations of Association
    • Part IV –  Special Types of Condominiums (leasehold estate, conversion & adding phases)
    • Part V –  Establishes regulation by the Division of FL Condominiums, Timeshares & Mobile Homes
    • Parts VI & VII – Addresses developer rights, responsibilities and regulatory oversight in special circumstances.

Chapter 719 – Co-Ops – Association owns all property (everything) and members have an ownership interest (i.e. a lease to use unit/property.

Chapter 720 – Homeowners Associations – Members own their homes and the association owns common property.

Chapter 721 – Timeshares – Members own a portion of their unit (i.e. for a time period less than a full year).

Florida Administrative Code

  • Chapters 61B-15 through 61B-24 -- Forms/definitions, filings, documents, developer obligations, penalties, resolution guidelines, financial, the Association, conversion & mediation.
  • Chapter 61B-45 -- Non-binding arbitration rules.
  • Chapter 61B-50  --Recall arbitration rules.

Changing the Governing Documents

To amend the Declaration of Condominium

    • Statutory default is 2/3 of units
    • May not materially change unit configuration, size, appurtenances, or percentage share of the common elements/expenses.

To amend the Association’s Bylaws

    • Statutory default is 2/3 of units
    • Proposals to amend must contain the full text of the bylaws to be amended with new words underlined and deleted words lined through with hyphens.

To materially alter the Association’s Common Elements

    • Statutory default is 75% of units

To amend the Rules & Regulations

    • Majority of Board Members