Contradicting Rules in Your Condo Declaration

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Condominiums provide pleasant living quarters to numerous individual property owners or tenants. If you live in a condominium, you only have to worry about your specific unit. The managing company will take care of the common areas and the overall establishment.

The idea of staying in a condo appeals to many people because of how simple and easy the experience is. Well, that would be the case if you have good neighbors.

Disputes regarding condo bylaws may emerge over time. Reach out to us at the Ferrer Law Group if you need a Florida condo law attorney to deal with disputes regarding contradicting rules in your condo declaration.

What Is a Condo Declaration?

According to the Condominium Act, a condo declaration is a detailed document that officially establishes a condominium property. It is a declaration established in the public records of the county where the condominium is located.

The parties responsible for drawing up the aforementioned document should include a legal description of the land and an identification of the lease, if applicable. Units should be carefully detailed and identified. Details of the land survey should also be included in the declaration of condominium Florida.

Florida law also dictates that the undivided share of ownership of the common elements of the common surplus of the condominium must be noted in the document. The percentage of fractional shares must be outlined as well.

Those are just some of the most important elements that need to be included in a condo declaration. Work closely with a condo law attorney to ensure that you cover all the necessary bases while drafting that important document.

What Are Condo Rules and Regulations?

Also included in condominium declarations are the rules and regulations for its residents. A copy of the condominium bylaws should be attached to the declaration when it is presented to the relevant governing agency.

You should review the condominium’s rules because they will affect your everyday life within the establishment.

For instance, the rules in the condo declaration may set guidelines for pet ownership. They could indicate which pets are allowed in the establishment. The rules may also lay out what pet owners are expected to do in terms of cleaning up.

Condo rules also determine how common areas should be used. Within the declaration, there may be lines stating that the swimming pool is off-limits during certain hours. The rules may also indicate how spaces are reserved in the parking garage.

Other important details that may be found in a condo’s bylaws include guidelines about garbage disposal and playing music. It should also outline penalties for those who violate the rules.

Contradicting Rules in Your Condo Declaration

The rules outlined in a condominium declaration should be fair to everyone. But things don’t always work out that way.

When a system is established, people who want to take advantage of it will inevitably arise. To be more specific, some stakeholders may include contradicting rules in the condo bylaws that favor them.

Certain stakeholders could include contradictions that affect the parking setup. They may say in the rules that parking spots are given on a first-come, first-served basis while also reserving slots of their own. That’s an example of a contradiction that needs to be corrected.

Any exceptions in the condo declaration should be examined further because they may give certain tenants unfair advantages.

Hire a condo law attorney to examine those potential contradictions. Once you’ve confirmed the contradictions, you can take the legal actions necessary to address them directly.

How Can a Florida Condo Law Attorney Help?

Hiring a Florida condo law attorney is a must if you believe that there are contradictory rules in your condo declaration.

After sharing your complaints with your attorney, they can get to work on investigating the case. They can carefully examine the condo declaration to determine if there are indeed contradictions that exist.

Upon finding the contradictions, your attorney can then collect evidence bolstering your complaint. After that, they can identify the parties involved to discuss the contradictions. If the offending parties do not rectify the situation, you and your attorney can file a formal complaint.

Rules are rules, and no one should be allowed to ignore them. Do not let the parties abusing their power get away with doing so. Contact us at the Ferrer Law Group if you believe that some of your condo neighbors are taking advantage of contradicting rules. 

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