CONDO DOCUMENTS
CONDO DOCUMENTS
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THE GOVERNING DOCUMENTS OF AN ASSOCIATION
The governing documents of condominium associations include 1) the Declaration of Condominium, 2) the Articles of Incorporation, 3) the Bylaws, and 4) the Rules and Regulations. If there is any conflict between these documents, one supersedes the other in the same order.
1. THE DECLARATION OF CONDOMINIUM
The Declaration of Condominium is the document that created and established the condominium form of ownership for a specific property. Once recorded in the County where the condo project is located, it becomes the "Constitution" for that condo Association's governance and operation. If/when there is a conflict among what is stated in an Association's various Governing Documents, the Declaration takes precedence.
The Declaration includes details such as:
legal description and plat of the property
how (and how many) individual units are defined
description, use, and ownership of the common elements
parking area details
insurance requirements
occupancy, use, and transfer restrictions (including pet rules, minimum rental terms, exterior modification standards, transfer approval, etc)
owner voting rights
maintenance requirements for individual owners and the Association
2. ARTICLES OF INCORPORATION
Just about all Florida condominium Associations are organized as not-for-profit corporations. The Articles establish the corporation along with its stated purpose, rights, powers, authority, responsibilities, and duties. The Articles also provide for an elected Board of Directors to manage and conduct the "affairs and business" of the Association.
The Articles say publicly that the corporation has the authority to:
make and collect periodic assessments from owners
use those assessments to pay for property maintenance and administration
"maintain the condominium pursuant to the Declaration of Condominium"
approve or disapprove the transfer, sale, or lease of condominium units
The Articles give the Association's corporation the authority to carry out the provisions contained in the Declaration and By Laws.
3. THE BYLAWS
An Association's By Laws expand on and provide detail to the Articles of Incorporation. In very broad, non-legal terms, the Articles of Incorporation establish the Association corporation's existence and powers, while the By Laws state how those powers can be exercised and applied to Association governance
Association ByLaws can include:
notice requirements for various types of Association meetings
the procedure for conducting Association and Board meetings
what % of votes is needed for approval of voting issues
general powers and duties of Board members/officers
requirements for handling delinquent owner assessments
procedures for addressing violations of Association rules
There is quite a bit of content overlap between the various Governing Documents, with one seemingly repeating what is in another. This is probably because even though they are closely related, each document must be able to stand on its own.
Remember - the Declaration, Articles, and By Laws are legally recorded in the County where the condominium is located.
These next few condo docs are not publicly recorded, though they still fully apply to all owners and residents of the condominium property.
4. RULES AND REGULATIONS
These are basically how residents must conduct themselves in everyday condominium life. A list of Rules for Residents is usually included in the Sales Packet for resales that includes the new buyer application for purchase and membership in the Association.
The Rules can include:
pet restrictions
parking rules
trash/recycling container location, use, and pickup schedule
leasing limitations
amenity rules
exterior maintenance and appearance guidelines
storage of bicycles and other personal property
noise and exterior sign/decoration rules
other rules that apply to daily life and ongoing ownership in the Association-governed building or community
Most of these are addressed in the recorded documents, yet are also included in Rules for Residents because people prefer to check the shorter Rules pages rather than search through 75 pages (or more) of recorded docs mentioned above!
CONDOMINIUM GOVERNANCE FORM
This publication is intended as an informal educational overview of condominium governance as per F.S. 718.503(2)(a). In the event of a conflict, the provisions of chapter 718, Florida Statutes, rules adopted by the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation, the provisions of the condominium documents, and reasonable rules adopted by the condominium association's board of administration prevail over the contents of this publication.
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