Condominium By laws Are Important. Don’t Ignore them.

Why Is It Important to Know Condominium By laws?

Condominium By Laws

Photo By Daniel Oines

Condominium living provides numerous advantages that appeal to an increasing number of homeowners. The concept of condominium ownership has been present in Florida over several decades. However, the complex legal necessities are frequently unfamiliar to most condominium owners and purchasers. The term condominium is a type of property ownership where a ‘unit’ is exclusively owned by an individual and the common elements are jointly owned by all unit owners residing in the condominium. This is not to be confused with co-ops. Co-ops are mostly found up north but do exist in Florida as well. Co-ops are not bound by Condominium By laws but more on specific corporate rules as you are essentially buying a share of a company.

What are Condominium Laws?

The Florida Condominium Act has been created to benefit all the parties associated in the process of buying, owning and selling condos. Chapter 718 of Florida Statutes, also referred as the Condominium Act, along with corresponding administrative laws found in Florida Administrative Code, Chapters 61B-15 through 61B-24 are the foundation of pertinent condominium ownership related information that a purchaser must be aware of. The development of a condominium is a lengthy and technical process. The buyer, in addition to the investment considerations, must also keep in mind the significance of the condo documents that at the minimum include the Declaration of Condominium, articles on Incorporation of the Condominium Association, as well as the Condominium By laws of the association. The term Condominium By laws is often used incorrectly as the Declaration of Condominium. The Condominium By laws are merely one item included in the Declaration of Condominium.

The Advantages of Condominium By laws

The Chapter 718.112 of the Florida Statutes highlights at length the different condominium by laws. The buyer must thoroughly examine these by laws. Carelessness may result in preventable complications in the long term. There are quite a few reasons a prospective buyer must inspect the documents and by laws. The most important is that rules and by laws create a level playing field for every owner at the condominium. It precisely outlines the individual as well as undivided ownership of the property whether common elements including recreational facilities and other amenities or the individual ‘unit’. Thus, these laws are vital in indicating the point of possession each owner can exert in the property. While you may not think they are important when buying, when something goes wrong, this is what everyone will be referencing.

Condominium Laws Highlight Responsibilities and Restrictions of Unit Owners

Although a condominium provides various advantages to purchasing a single family home, it also enumerates responsibilities and restrictions that come with condominium ownership.

The financial responsibilities include operational and maintenance costs of the condominium. These costs are financed through the collection of assessments by the condominium association. Each unit owner pays assessment for his share of the common expenditures in accordance to the percentages or proportions laid down in the Declaration of Condominium. The assessment to the unit owner varies depending on the level of services and amenities being provided in that particular condominium. These assessments are often monthly or quarterly and sometimes necessary in specific cases of emergencies.

On the other hand, restrictions on the uses of both the common elements and individual units help in preserving the best interest of all unit owners. Since, every condominium association stipulates its own set of condo documents, an owner can determine specific restrictions only by reviewing those documents.

Investment in a real estate requires an understanding of the market and property evaluation. Property purchase is a huge financial investment with intricate legalities involved in the process. If you are planning to purchase a condominium in Florida, understanding the laws is imperative and familiarity with the legal processes will help you avoid untoward complications in future. If you can’t be bothered to take the time to read the Condominium By laws then have an attorney review them for you.

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Condo Document Rules and their Significance

What are Condo Document Rules?

Condo Document Rules

Photo by Dan Brady

The State of Florida currently is the ‘home’ of millions of condominium units. The explosion in the regional real estate market has given a boost to this ever-increasing realty category. Thanks to this development that has been coupled with Florida’s much sought-after sunny beaches, golf courses, and pristine weather – Florida has been experiencing a major expansion in condominiums.

What Constitute Condominium Documents?

In this State, a condominium is created by filing and subsequent recording of the Declaration of Condominium. This Declaration is the statutorily declared document of the condominium creation. This document is more than simply a contract that spells out the obligations and rights of the parties involved. The Declaration precisely sets forth all the limits and extent of use and enjoyment of the real property and the individual user’s interest therein. The Florida condominiums are governed by the important ‘Condominium Documents’ that generally refers to the Declaration of Condominium, Rules and Regulations, Bylaws, and other significant documents.

The condo document rules are created specifically at the time when the property gets submitted to the State as condominium type of ownership. Condominiums in Florida are also administered by applicable Florida laws apart from the condo document rules. Particularly, the Chapter 718 of the Florida Statutes deals with the governance and operation of condominiums. Numerous condominium documents have been created in the last few decades which are constantly amended and updated by the Associations.  Many of these original Condo Document Rules though are outdated documents as they do not incorporate the various powers and limitations provided in the Florida Statutes’ Chapter 718.

How Can You Obtain Condo Document Rules?

Obtaining condominium documents when you require them for your various property related transactions is not easy. It is always a good idea to keep your personal documents handy. Instead of chasing down different unresponsive agents, management companies, associations, or sellers for the necessary documents, using a single reliable resource is a plausible solution for your condominium document rules. Florida Condominium Association Declarations as well as Amendments are important to be aware of. Typically, the Florida Condominium document rules include a set of Condominium Association Bylaws also incorporating one copy of the budget from when the association was created. An extensive list of the Frequently Asked Questions about the Condominium Association, the building’s architectural drawings and layout of all the units, as well as Rules and Regulations are frequently included as part of the Condominium Documents.

However, to guarantee 100% completion of the set of condo documents you receive, it is vital that you cross check with the Association. There are instances when associations keep extra documents and addendums that have not been properly filed. Additionally the budgets may change every year. Hence, it is recommended that the association be contacted to obtain an updated budget and necessary documents.

Maintain a digital as well as hard copy of all the recorded condo documents from your Association in addition to the available amendments of the documents. Staying informed and updated with essential condominium documentation will ensure and effortless real estate transaction.  To search for your condo docs click here.



Condo Bylaws & Condo Commandos

Condo Bylaws

Condo Rules and Regulations

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Whether you’re considering moving into a condo or you’re serving on a condo board, you may have run into what many people refer to as a “condo commando.” These are the individuals who feel as if they create all the condo bylaws, and are often so intimidating that others don’t question their reign. By understanding condo commandos, you can see why they’re not always the best enforcer of the condo bylaws.

What Exactly is a Condo Commando?

Typically, this kind of person serves on the condo board and may even be the president of the board. They have a “know it all” attitude and really leave others feeling like they have no voice in important matters. It can be difficult to deal with these types of people, but it can be done.

While excellent and dedicated condo directors can make changes for the best and can lead with a shining example, there are some that simply want everything done his or her way. The problem with this is that condo boards are created for a reason. Condo buildings are typically multi-million dollar holdings and one person with a dictator desire could put it at risk. It’s important to deal with them and ensure that everyone on the board has an equal voice and opinion in important matters including amending and interpreting the condo bylaws.

Take Action but follow your Condo Bylaws

Whether you’re on the board or you’re an owner of a condo in the unit, it’s important to take action if a condo commando is trying to take over. You can be successful if others have issues with this person as well, and they see the potential damage the individual could inflict. One great way to deal with this type of person is to create a petition asking the condo commando to resign. If they should refuse to resign, then the board should be willing to back up their petition by forcing them out of his or her position of reign.  Make sure you are checking your condo bylaws to abide by them to a “T.”

If you don’t feel as though things are bad enough for a resignation, you can create a petition for them to hear your demands.  This could include you and other homeowners presenting a united front with the board once a decision has been voted on. It could include the demand that everyone has an equal opportunity to speak and to voice his or her opinion. Simply state the demands that you’ll require if this person is to remain in his or her position of power.

By taking control of an ugly situation in your Condominium Association quickly, you can ensure that minimal damage is done under his or her power all by abiding by the condo bylaws. It’s important that board members have equal say and that important issues involve everyone.

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