As a Florida Condominium Attorney, I am asked all too often what are Florida Condominium Governing Documents? Understanding your Association Governing Documents is very important, but what is also very important is knowing the hierarchy of the Association Documents and what controls if there is a conflict between the document and law.
What are Florida Condominium Declarations?
A Florida declaration is the document that establishes a community association in Florida. It is often referred to as the “constitution” or the “bible” of the community association. The Florida declaration is recorded in the public records of the county in which the association is situated. If there is a conflict between the governing documents, then the terms of the declaration take precedence over, or “trump”, any provision in any of the other governing documents.
What are Florida Condominium Articles of Incorporation?
The Articles of Incorporation in Florida identify the association’s official name and address, describe the purpose for the association, and identify the number of directors and officers. If there is any conflict between the governing documents, then the articles of incorporation trump any provision in the bylaws or rules or regulations, but are trumped by the declaration.
What are Florida Condominium Bylaws?
The Florida community association bylaws typically contain more detailed information regarding the calling of meetings, nomination and election of directors, quorum requirements, and the powers and duties of the directors and officers in the Florida association. If there is any conflict between the governing documents, then the bylaws trump provisions in the rules or regulations, but are trumped by the declaration and articles of incorporation.
What are Florida Condominium Rules and Regulations?
Most Florida association declarations give the board of directors the power to adopt certain rules and regulations within the association. The Florida condominium rules and regulations often set forth obligations for using association facilities, and clarify restrictions set forth elsewhere in the governing documents. For example, rules and regulations may include: architectural control requirements, business use restrictions, leasing restrictions, noise and nuisance rules, parking restrictions, pet restrictions, and sign restrictions, among others. The most important point to remember here is that the rules and regulations must be reasonable, and since they are trumped by all of the other governing documents discussed above, they must not conflict with any provisions found in the governing documents.
Remember, when the governing documents or rules and regulations conflict with Florida law, Florida law prevails unless Florida law says otherwise. For condominiums, Florida Statute 718 is the law.
The Law Office of Ryan S. Shipp, PLLC and its experienced and knowledgeable team of Florida COA and HOA Attorneys are here to help. Let us assist with your Florida Associations’ General Legal Matters and Collections for Delinquent Assessments. Call us today @ (561) 699-0399. We are located in Lantana, we serve South Florida!
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