Introduction

There are over 1 million condominium units in Florida. A condominium, in Florida, is created by the filing and recording of a Declaration of Condominium. The Declaration is the statutorily declared document of creation. The Declaration is more than a mere contract spelling out the rights and obligations of the parties. It sets forth the extent and limits of the enjoyment and use of real property and the individuals use interest therein. The “Condominium Documents” which generally refer to the Declaration of Condominium, Bylaws, Rules and Regulations, and other important documents govern a Florida Condominium. The “Condominium Documents” are created at the time the property is submitted to the condominium form of ownership. In addition to the “Condominium Documents”, applicable Florida law governs the Florida Condominium. Specifically, Chapter 718 of the Florida Statutes provides for the operation and governance of the Condominium.
Since many condominiums in Florida were created 20 or more years ago and Florida condominium law has been constantly evolving many “Condominium Documents” are now out of date. That is, they do not include many of the limitations and powers provided in Chapter 718 of the Florida Statutes. As such, many Associations have become interested in amending their “Condominium Documents” or at least analyzing the benefits of amending the Documents.