US Legal Forms
Legal Resources
Questions & Answers
Real Property
Has the original Declaration of Condominium been replaced by the Amendment?

Has the original Declaration of Condominium been replaced by the Amendment?

Full question:

I bought a condo in Miami in 2005. The Association gave me Declaration of Condominium. I didn't know what to look for in a DOC and I accepted the doc at face value. The DOC was an Amendment 'of the original DOC in its entirety' and no disclosure is made about the bldg being a hotel conversion. 2005 appraisal also overlooked that little fact. Has the Association obliterated the original DOC thru Amendment or was the original supposed to be given to me at time of sale?

Category: Real Property
Date: 04/07/2025
State: Florida

Answer:

A developer can create a condominium by converting existing buildings, following specific legal requirements. Once the Declaration of Condominium (DOC) is established, the condominium board must adhere to its rules and exercise sound business judgment.

When a condominium association amends the original DOC, the validity of the amendment needs to be assessed. According to Florida law (Fla. Stat. § 718.110), if the DOC does not specify how to amend it, an amendment can be made if approved by at least two-thirds of the unit owners. Amendments must include the full text of the changes and cannot just reference the original document.

Amendments take effect when recorded in the county's public records. However, they cannot materially change unit configurations or the owners' share of common expenses without unanimous consent from all affected owners. If the original DOC was not provided to you, it should have been available for inspection, as the board is legally obligated to make such documents accessible.

If you believe the amendment invalidly replaced the original DOC or affected your rights as a unit owner, you may want to consult with a legal professional for guidance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the ultimate evidence of ownership of your condominium unit?

The ultimate evidence of ownership of your condominium unit is the deed. This legal document is recorded in the county's public records and establishes your ownership rights. It typically includes a description of the property, the names of the owners, and any relevant details about the condominium association. It's important to keep your deed in a safe place, as it serves as proof of your ownership.

What is the declaration of an HOA?

The declaration of a Homeowners Association (HOA) is a legal document that outlines the rules, regulations, and responsibilities of the HOA and its members. It typically includes information about property use, maintenance obligations, and the rights of homeowners. This document is essential for understanding the governance of the community and the obligations of residents.

How to find declaration of condominium in Florida?

To find the declaration of condominium in Florida, you can visit the county clerk's office where the property is located. The declaration should be recorded in the public records. You can also check online databases provided by some counties. Additionally, your condominium association should be able to provide you with a copy upon request.

What is the difference between a condo declaration and bylaws?

A condo declaration is the foundational document that establishes the condominium and outlines property rights, responsibilities, and the use of common areas. Bylaws, on the other hand, govern the internal operations of the condominium association, detailing how meetings are conducted, voting procedures, and the roles of board members. Both documents are essential for the management of the condominium.

What is a declaration of a condominium?

A declaration of a condominium is a legal document that creates a condominium and defines the rights and responsibilities of unit owners. It includes details about the property, the common areas, and the rules governing the use of the units and shared spaces. This document is crucial for understanding ownership and governance within the condominium.

Are condo documents available to all unit owners in Florida?

Yes, in Florida, condominium documents, including the declaration, bylaws, and rules, must be made available to all unit owners. The condominium association is legally obligated to provide access to these documents, ensuring that owners can understand their rights and responsibilities. If you have trouble obtaining these documents, you may want to contact the association directly.