Condo Sales are Heating Up – Read Your Declaration of Condominium Before You Buy

Dont get caught in the hype.  Read your Declaration of Condominium Before you Buy

declaration-of-condominium-bylawsIf you’re considering purchasing a Florida condominium, it’s important that you do your due diligence first and make sure you know what you’re getting into. This is why it’s so important to read over the Declaration of Condominium, also sometimes called the Condo Rules and Regulations. It helps ensure that you know what you’re getting before purchasing.

What is included in the Declaration of Condominium?

This document is typically the initial legal document that defines what the condominium is, the specifics of each unit, governing rules for the condominium, information about the condominium owners’ association, and more. The Declaration of Condominium is usually filed at the Office of Registry of Deeds or similar offices in the county the condominium will be or is built in. This document is used to sell the condominium development and should always be given to interested owners prior to making a purchase.

Why It’s Important for You

You want to know what you’re getting into before you purchase, especially if the condo development is not built yet. This document will give you the specifics on the size of the unit and any other proposed details for the unit. Historically they didn’t always require architectural plans of the units and layouts.  Over the years the requirements have changed and this is now found in almost all Declarations. If the condominium is already built, it should help you determine common problems within the condominium and how those problems are handled by the owners’ association or the board. Fire damage, Eminent domain, pet restrictions, etc. etc.  It’s a document you’re going to want a copy of so you can refer to it if issues should pop up after you’ve purchased the condominium.


This document will outline the rights of a condominium unit owner pertaining to their own specific unit as well as how complaints are handled and more. By reading this document before signing any paperwork, you can get a great sense of how the condominium is operated and whether it’s under a good ownership association or condominium board or not. It can help you avoid falling into a trap that you’ll be sorry for later.  Voting is not necessarily divided equally among owners and may be prorated based on the size of units.  These are things you need to review up front.

Rules and Guidelines for Condominium Owners

In addition to the above information, the Declaration of Condominium should provide information regarding the rules and guidelines for the entire condominium. This will help you determine whether those specific rules and guidelines are fair or like some condominiums, if they’re nitpicky and too controlling.  We would always recommend that in addition to the rules and regulations filed in the Declaration of Condominium that you also ask the association directly if there are supplemental condo rules and regulations that maybe are not filed properly but are being enforced.  Asking up front is always a safer route.

The document will most likely be several pages long, so it’s important to take your time reading through it to make sure you understand every point within it. This is essential to everyone considering purchasing a condominium. If you aren’t given the time to read through the document or it seems that it’s an inconvenience that you want to do so, you should probably move on to the next available condominium or hire an attorney to review it for you.  Once you purchase it, you own.

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Condominium Bylaws Control the Rules of the Building

Condominium Bylaws Matter. Pay Attention to them.

Condominium Bylaws Rules and Regulations

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If you’re considering buying a condominium, the seller has probably made all sorts of promises about the way the condominium is operated and the benefits of the condominium. While it’s fine to hear the seller out and to listen to what he or she is saying, never take the seller’s word for fact. You’re going to want to get your hands on a copy of the condominium bylaws to get better insight into how the condominium operates.

What are the Condominium Bylaws?

The condominium bylaws are found within the document, and set forth restrictions for the condominium owners and board members. They also detail processes owners need to remove board members who have overstepped their power or abused their power, and discuss the guidelines owners must follow if they are part of the condominium. They are basically the governing document for the condominium and the rules and regulations are created from the bylaws document. It’s essential to read the condominium bylaws and retain a copy if you’re considering purchasing a condominium.

Duty to Comply with the Bylaws

Both board members and condominium owners have a duty to comply with the bylaws. Those who do not could be taken to court and sued for not being in compliance or be fined.  The bylaws contain all sorts of regulations, such as the maintenance of the condominium, how the outside of the condominium units should look, the proper processes owners should follow if they’re unhappy with the board members and more.

Things to Look For

When reading the condominium bylaws, there are a few things you’ll want to really look for. The condo docs which generally contain the bylaws detail the methods for receiving the monthly dues from the unit owners, as well as processes that may take place should the owner fail to provide their monthly fees. They also outline the board member’s powers and the number of owners it takes to remove a board member, as well as the process that must be followed in order to do so. Look for the rules of the upkeep on the condominium units as well as the consequences of not being in compliance with the bylaws.

Tips for Purchasing a Condominium

In addition to obtaining a copy of the condominium bylaws, you’re also going to want any additional paperwork that the seller can get you. This might include the declaration of condominium. If you are looking for a copy of your condo docs we can provide them.  It’s important to take some time to read fully over these documents. Within them are often the rules and regulations that must be followed by condominium owners and board members. They can help you determine whether a specific condominium is right for you or not.

By ensuring that you get your hands on these documents, you will receive the truth about the condominium you’re considering rather than bright promises from the seller.

Things You Should Know Before Attempting to Buy a Florida Condominium – Condo By Laws

Condominium By Laws

David Castillo Dominici |

Florida condominiums are selling like crazy right now, including bulk condominiums to investors who are looking to make a profit. It’s entirely possible to make money with condominiums, but it’s also important to know as much as possible about purchasing condos and the condo by laws before doing so, to avoid common pitfalls and issues. Here are some important things you should know before attempting to buy a Florida condominium.

 Owners Association Issues

The first thing you’re going to want to think about is the owner’s association, which is the committee that governs the condominium units and the behavior of the tenants. While many owners associations are fairly lax in their rules and guidelines, others are extremely strict. You should read over the policies and information before purchasing any condo so you know how difficult it will be to renovate and then sell the condo.  Ask for a copy of the Condo By laws and review them.

Rental Issues

With the economy the way it is currently and the unemployment rate being so high, many individuals are unable to pay their monthly HOA payments. This can mean that there simply isn’t enough money to handle maintenance issues and other problems that arise with the condominiums. Another tragic result is that the building could end up losing insurance coverage. If this happens, banks simply aren’t going to lend money to interested buyers who want to purchase one of the units. You can see that this is a difficult situation to be in, so thoroughly researching the history of payments and issues is a must. Along with the condo by laws you should be requesting a copy of the condominium budget and minutes.

Thoroughly Looking Over Special Assessments

It’s very important that you and an attorney thoroughly look over the meeting minutes that you will be provided with. These will include the things that are discussed as well as special assessments addressed in meetings, and will give you insight into what’s going on with the building. Unfortunately, many buyers realize too late (through these documents) that there has been an ongoing problem and they’re left to deal with the problems after they’ve already purchased the building. If a problem is spotted in the special assessments, you should thoroughly investigate the issue before making an offer or purchasing.   In addition to the minutes, there is small print in the condominium by laws that you are bound by so read it.


If you go into a contract or even look at a property without the benefit of a real estate attorney, you could end up making a bad investment. You need the professional opinion and advice of someone who deals with these issues every single day, especially when it comes to Florida condominiums.  Condominium Documents or Condo by laws should be reviewed in detail.  Take the time to seek out a qualified attorney in order to get the best legal expertise when it comes to purchasing Florida condominiums.

By using these tips and information you can make sure it’s a great deal before purchasing a Florida condo, whether you plan to keep the condo or invest to make a profit.  Looking for a copy of the Condo Documents search our database of thousands of Florida Condominium Documents