Which governs between Condominium Act and declaration in Florida?

**Which governs between Condominium Act and declaration in Florida?**

When it comes to the governance of condominiums in Florida, there is often a question of which holds more authority—the Condominium Act or the declaration. Both the Condominium Act and the declaration play crucial roles in regulating and managing condominiums, but understanding their relationship and hierarchy is important for condo owners and residents.

In Florida, the Condominium Act, also known as Chapter 718 of the Florida Statutes, is a comprehensive set of laws and regulations specifically designed to govern condominiums. It sets forth the basic framework for the creation, management, and operation of condominiums throughout the state. The Condominium Act addresses a wide range of issues, including the rights and responsibilities of condominium associations, the establishment and enforcement of rules and regulations, dispute resolution procedures, financial obligations, and more.

On the other hand, a condominium’s declaration, also referred to as the “covenants, conditions, and restrictions” (CC&R), is a legally binding document that sets out the rights, obligations, and restrictions applicable to the specific condominium development. The declaration is typically created by the developer and is recorded with the county recorder’s office. It covers various aspects of condominium living, such as unit boundaries, common areas, maintenance responsibilities, architectural guidelines, use restrictions, voting rights, and assessments.

**So, which governs between the Condominium Act and the declaration in Florida?** The answer is that both hold significance, but the Condominium Act generally takes precedence over the declaration. The Condominium Act sets the minimum requirements and standards that condo associations and owners must adhere to and establishes a baseline for governing condominiums. Therefore, if there is a conflict between the Condominium Act and the declaration, the provisions of the Condominium Act will usually prevail.

Nevertheless, it is essential to note that the declaration can provide additional regulations and restrictions that are more specific to a particular condominium association. These additional provisions cannot contradict or diminish the rights granted by the Condominium Act but can supplement them as long as they are lawful.

FAQs on Condominium Act vs. Declaration in Florida

1. **Can the declaration override the Condominium Act?** No, the declaration cannot override the Condominium Act, but it can provide additional rules and regulations.
2. **Can a declaration restrict certain activities beyond what is permitted by the Condominium Act?** Yes, as long as those restrictions do not conflict with the rights granted by the Condominium Act.
3. **What happens if the declaration and the Condominium Act conflict?** In case of a conflict, the provisions of the Condominium Act usually take precedence over the declaration.
4. **Can the contents of the declaration be amended?** Yes, the declaration can typically be amended, but the process outlined in the Condominium Act must be followed.
5. **Do all condominiums in Florida have the same declaration?** No, each condominium has its own declaration, tailored to its unique characteristics and requirements.
6. **Who is responsible for creating the declaration?** The developer of the condominium is usually responsible for drafting the initial declaration.
7. **Can the Condominium Act be changed?** Yes, the Condominium Act can be amended through the legislative process.
8. **Are there any limitations on what the declaration can regulate?** Yes, the declaration cannot regulate matters that are contrary to the Condominium Act or other existing laws.
9. **Can the condominium association enforce rules that are not included in the declaration?** No, the association can only enforce rules that are consistent with the Condominium Act and the declaration.
10. **Can condo owners propose amendments to the declaration?** Yes, condo owners can propose amendments to the declaration, but the process outlined in the Condominium Act must be followed.
11. **Who is bound by the declaration?** All condo owners within the development, as well as the condominium association, are bound by the provisions of the declaration.
12. **Can condo owners challenge the contents of the declaration?** In certain circumstances, condo owners may seek legal action to challenge the validity or enforceability of specific provisions within the declaration.

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