The Declaration in Your Condominium is a Contract and You Should Read it Before You Buy

For many first time condominium purchasers, a declaration of condominium can seem like another hundred page paper that is incidental to the real estate transaction. What many condominium purchasers and current owners fail to realize is the reality of the document itself and the nature of the relationship it creates between you and your condominium association. In Florida, a condominium declaration is considered to be a contract between a condominium association and the unit owners. Like any contract, you are expected to be aware of its terms and to otherwise abide by its requirements However, first time condo buyers often fail to read the full terms of their Association’s governing documents (including a declaration, bylaws, rules and regulations, etc.) before purchasing a unit. This common instance begs the question: how often are Florida condo purchasers entering “contracts” with their Association without understanding what they have agreed to?

In South Florida’s competitive real estate market, prospective condominium purchasers may rush to buy their “dream condo” and move quickly through the transactional process without even bothering to read the document that provides for “the establishment of an association of owners; a method of sharing common expenses and ownership of the common elements; the votes to be assigned to each condominium unit; and a procedure governing the management of the condominium property itself.”1

Reading and, more importantly, understanding the terms of a declaration of condominium will help unit owners understand why (or why not) the Association is able to take (or not take) certain actions.

A prime example that regularly causes contentious disputes between unit owners and the Association is a right of access granted to the Association to any unit in the Condominium. Oftentimes, a declaration will provide that an Association retains an irrevocable right of access that can be exercised when necessary for the maintenance, repair, or replacement for any areas that are deemed to be the responsibility of the Association such as a common element. This right is also guaranteed to the Association in Florida Statute as well.

The real life implication of a right of access provision is the legal right of an association to access your unit without your consent. While on most occasions unit owners and residents are happy to provide access to complete the necessary repairs to the condominium’s common elements, the invasion of privacy and ignorance of the Declaration’s terms can create disputes that turn into expensive lawsuits between an association and its residents. For homeowners transitioning into a condominium, it can be jarring to find out that an Association can lawfully enter your residence to maintain something that may not even directly impact your unit.

Unfortunately who have failed to read and understand the Declaration, the failure to read a contract or investigate the terms of a contract is not a defense to enforcement.

Therefore, the best practice is to not only read your prospective declaration but also attempt to understand what exactly you have agreed to in what could be the most important financial transaction of your life.