AN OVERVIEW OF CONDOMINIUM DOCUMENTS

By Andrew S. Bennett

Every condominium in Florida is governed by its own unique guidelines and requirements which are outlined in its condominium documents. “Condominium documents” (also referred to as “governing documents”) consist of three or four specific documents, namely: 1) the declaration of condominium; 2) the articles of incorporation; 3) the bylaws; and 4) the rules and regulations. While Florida law requires that every condominium unit owner receives a copy of the condominium documents, few unit owners take the time to truly understand their rights and obligations contained therein. This article will provide a brief overview of each of these four documents which constitute the condominium documents, as well as some insight as to how these documents function collectively.

DECLARATION
The declaration of condominium (also simply referred to as the “declaration”) serves three primary purposes. First, it is the document which actually creates the condominium. Second, it governs the relationship amongst the individual unit owners, as well as the relationship between the unit owners and the condominium association. Third, it outlines conditions for the use and enjoyment of the condominium property. Given that this document governs such key aspects condominium life, it is easy to see why Florida courts have analogized the declaration as the constitution of a condominium.

ARTICLES OF INCORPORATION
Just as the Declaration establishes the condominium, the articles of incorporation establish the entity that operates and maintains the condominium—the association. Florida law requires that a condominium association be a corporate entity. In any corporation, the articles of incorporation identify the purposes of a corporation and appoint directors to accomplish these purposes. The articles of incorporation for a condominium are no different. The articles outline the association’s areas of responsibility, establish the board of directors, and even specify the membership and voting rights of each unit owner.

BYLAWS
The bylaws establish the operation of the association. To put it in perspective, if the articles establish the purposes of the association (the “what”), then the bylaws establish the procedures for accomplishing those purposes (the “how”). As the board of directors is responsible for accomplishing these purposes, the bylaws typically contain a lot of information regarding the powers and function of the board of directors.

RULES AND REGULATIONS
The rules and regulations function a bit like the declaration in that they address the relationship between the unit owners and the condominium association. Unlike the declaration, the rules and regulations are enacted by the board of directors without unit owner approval. As such, the rules and regulations are purely supplemental, and serve merely to refine or specify policy already established in the condominium documents.

To illustrate the interaction between the rules and regulations and the other condominium documents, take the topic of pets. If a condominium’s declaration prohibits pets, the board of directors would be prohibited from passing a rule allowing pets. The only way to permit pets in such a condominium would be to amend the declaration, a process that is much more difficult than a board decision. If the declaration allows pets and notes that the board of directors may place limitations as to the size of pets, if the board enacts a rule prohibiting pets beyond a certain weight, such a rule would be permissible, as it merely refines the declaration as opposed to contradicting it.

Additionally, a condominium is not required to have rules and regulations as part of its condominium documents, as the creation of such must first be authorized by the condominium’s bylaws.

READING THE DOCS TOGETHER
While each condominium document has a specific purpose, in practice there is overlap between the documents. For example, membership and voting rights, which are required to be in the bylaws, are also frequently addressed in the declaration. As such, condominium documents are to be drafted in such a way so as to not contradict each other. Should an inconsistency appear between two or more condominium documents, the provision in the document with the highest priority is to be followed. Florida law gives condominium documents the following order of priority: 1) declaration; 2) articles of incorporation; 3) bylaws; and 4) rules and regulations.

CONCLUSION:
A better understanding of the purpose and interrelation of each of the condominium documents can allow condominium unit owners to better understand their rights and obligations within the condominium, thereby enhancing condominium life.

Andrew S. Bennett
Associate

Practice Areas:
Real Estate
Real Property Law

Bar Admissions:
2013, Florida

Education and Honors:
Ave Maria School of Law (J.D., 2013, cum laude)
Senior Editor, Ave Maria Law Review
Regional Champion, 2012 ABA National
Appellate Advocacy Regional Competition
Brigham Young University (B.A., 2010)

Professional Activities and Experience:
Member: Florida Bar Association,
Member: Collier County Bar Association
(Young Lawyers Section)

Presentations/Publications:
Montana v. Wyoming: A Rising Tide of Water Issues
ENVIRONS, UC DAVIS SCHOOL OF LAW ENVIRONMENTAL LAW AND POLICY JOURNAL, VOL. 36, NO. 2 – SPRING 2013

Brendlin v. California: Who’s in the Driver’s Seat When You’re Not in the Driver’s Seat?
BYU PRELAW REVIEW, VOL. 22 (2008)

Salvatori, Wood, Buckel,
Carmichael & Lottes
239.552.4100 | www.swbcl.com