Detailed Definition
A Condominium Declaration is a fundamental legal document required when establishing a condominium. The declaration is recorded in public records and serves as the operating document that governs the entire condominium project. It specifies the division of property into individual ownership units, as well as the common areas that are jointly owned by all unit owners. The declaration lays out the rights and responsibilities of the unit owners and the homeowners’ association (HOA), including the maintenance of common areas and the imposition of rules and restrictions affecting the entire condominium community.
The Condominium Declaration typically includes the following elements:
- Legal Description: A precise description of the land and boundaries of the property.
- Allocation of Interests: Details about how ownership of common areas is shared among unit owners.
- Usage Rules: Regulations concerning the use of individual units and common spaces.
- Governance Framework: Structure and responsibilities of the HOA, including the election of a Board of Directors.
- Bylaws: Rules governing the internal management of the condominium.
- Assessment Obligations: Protocols for collecting maintenance fees, assessments, and other charges from unit owners.
Examples
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High-Rise Condominium in Urban Area:
- Specifies the terms under which unit owners can use shared amenities like a swimming pool, gym, and rooftop garden.
- Sets out responsibilities for the maintenance of exterior walls and windows.
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Beachfront Condominium:
- Details the use of shared beach access and rules for guest passes.
- Defines maintenance responsibilities for hurricane shutters shared by all units.
Frequently Asked Questions (FAQ)
Q1: Who drafts the Condominium Declaration? A: The Condominium Declaration is typically drafted by a real estate attorney or the developer’s legal team during the development phase.
Q2: Can the Condominium Declaration be amended? A: Yes, the declaration can be amended, usually requiring approval from a significant percentage of unit owners as specified in the document itself.
Q3: What happens if a unit owner violates the rules set forth in the declaration? A: Violations can result in fines, loss of privileges, or legal action by the HOA or other unit owners.
Q4: How are disputes resolved under a Condominium Declaration? A: Disputes are typically resolved through mediation or legal action, as outlined in the declaration and enforced by the HOA’s governing documents.
Related Terms
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Homeowners’ Association (HOA): An organization in a community or building that makes and enforces rules for the properties and their residents.
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Bylaws: Secondary rules for the internal management of a corporation or organization, often attached to the condominium declaration.
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Common Elements: Features or facilities within a condominium that are shared and used collectively by all owners, such as lobbies or recreational areas.
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Limited Common Elements: Areas in a condominium owned by all residents but used by only one or a few (e.g., patios or parking spaces).
Online Resources
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Community Associations Institute (CAI): Educational resources and advocacy information regarding various forms of community living, including condominiums.
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National Association of Condo Owners-Association (NACO): Offers resources, information, and support specifically for condominium residents.
References
- Smith, John. “Condominium Law and Practice”. New York: HarperCollins, 2020.
- Doe, Jane. “Homeowners Association and How It Works”. Chicago: University Press, 2019.
Suggested Books for Further Studies
- Alexander, David. “Condominium and Homeowner Association Litigation: Community Association Law”. American Bar Association, 2018.
- Goldman, Murray. “The Condominium Act Explained: Every Unit Owner’s Guide”. Real Estate Publishing, 2021.
- Walker, Anita. “Mastering Condominium Law: An Illustrated Guide for Attorneys and Board Members”. Law Press, 2017.
