The term “Condo Docs” may conjure images of a daunting stack of paperwork, but today, we’re here to demystify and simplify these essential documents that shape the operation of Condominium Owners Associations (COAs) in Florida. These documents play a pivotal role in the governance and management of condominium communities, and they’re not as overwhelming as they may seem.
In Florida, a full set of Condo Docs consists of six separate documents, collectively forming the Governing Documents of a COA. These documents are designed to ensure the smooth operation and legal compliance of condo associations in accordance with Florida’s Condominium Act (Florida Statutes Chapter 718). In this article, we’ll explore the first three of these documents, shedding light on their significance and how they provide public notice of the association’s existence and its operational guidelines.
1. Declaration of Condominium: The Declaration of Condominium is the foundational document that establishes the existence of the condominium association. This legally binding document outlines the basic framework for the community, including the physical boundaries of the property, the units, and common elements. It also defines the ownership rights, responsibilities, and restrictions of unit owners. Additionally, the declaration specifies how assessments are calculated and collected for the maintenance and operation of the community.
2. Articles of Incorporation: The Articles of Incorporation are a key component of Condo Docs, serving as the formal document that creates the condominium association as a legal entity. This document provides details about the association’s structure, including its name, purpose, and the powers it holds. Articles of Incorporation also specify the association’s registered agent, which is the point of contact for legal matters. The association gains recognition as a legal entity by filing these articles with the state.
3. Bylaws: The Bylaws are rules and regulations that govern how the condominium association operates. They outline the structure of the association’s board of directors, their responsibilities, and the procedures for elections and meetings. Bylaws also establish how assessments are levied, collected, and spent. These internal rules help maintain order and consistency within the community.
Together, these three documents form the public face of the condominium association, providing a framework for how it operates, what it encompasses, and its legal recognition. Understanding and adhering to these Condo Docs are crucial for unit owners and association board members to ensure the community’s proper functioning and compliance with Florida’s Condominium Act.
All owners of residential condominium units need to understand the rights, responsibilities, and restrictions attached to owning and living in an Association-governed building and community.
In subsequent articles, we will explore the remaining three components of Condo Docs, delving deeper into the complexities and nuances of condominium association governance. Stay tuned as we continue to simplify and demystify these vital documents.
I am not an attorney. I do not give legal advice. You must speak with a Florida-licensed real estate attorney for interpretation and application to specific circumstances of anything you read on this site.
Jelena Mancevic
REALTOR®
561-529-1272