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.

What is a land condominium Florida?

The establishment of a land condominium essentially permits a “private subdivision” of property. The owner of a single record lot or parcel can subject the entire lot or parcel to a condominium regime and create within such condominium regime two or more land condominium units.

Does Florida Sunshine Law apply to condo boards?

Although the Sunshine Laws do not apply to condominium associations, the Florida Condominium Act (“Act”) found in Chapter 718, Florida Statutes, contains its own set of “sunshine” requirements for these communities, with transparency being the key to compliance.

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?

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.

Is condo a private property?

A condo is a form of private housing whereby individual portions of this land is owned by different owners. Aside from individually owned apartment units, there are common facilities shared by all unit owners such as the hallway, elevator, lobby and exterior areas like swimming pool, garden and gym.

How do you form a condo?

– Further , the buyers of premises in a condominium are called apartment owners who form an association known as an ‘association of apartment owners. – Further, even one person who owns the entire building can form a condominium, provided there are at least 5 apartments in the building.

Can an HOA Board meet in private in Florida?

Yes, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances. Section 718.112(2)(c)3, of the Florida Condominium Act, allows the board to hold a closed board meeting (where unit owners are not permitted to attend) in two situations.

Can Florida condo board members meet in private?

A: Yes. Any time a quorum of the board meets to discuss association business, a board meeting occurs. Generally, board meetings are open to unit owners, subject only to two exceptions.

Who oversees condos in Florida?

Fla. 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 a condo association force an owner to sell Florida?

A: This is a great question and unfortunately, the answer is, yes. The new developer could force existing owners to sell their units.

What is a Florida condominium?

As defined by section 718.103, Florida Statutes, “Condominium” means that form of ownership of real property created pursuant to Chapter 718 of the Florida Statutes, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements.

What is the classification of a condominium?

Any classification of the condominium begins with the declaration of condominium, which sets forth the boundaries of an individual’s unit. In addition, an owner owns an undivided share of the common elements, i.e., “portions of the condominium property not included in the units.”

What are the rights of a unit owner in Florida?

A unit owner is entitled to the exclusive possession of his or her unit, subject to the provisions of Fla. Stat. §718.111 (5) and he or she is entitled to use the common elements in accordance with the purposes for which they are intended, but no use may hinder or encroach upon the lawful rights of other unit owners.

What are the boundaries of a condominium unit?

The boundaries of a unit are found within the condominium’s declaration and plats, and sometimes in the state statutes. Generally, the boundaries of the unit include the exterior surface of the unit’s drywall inward and from the interior surface of the concrete floor slab upward, but may vary from condominium to condominium.