Condominium Law ("Condo Law")
Florida Condo Attorney
Condo and homeowner associations are comprised of individual property owners serving on the board of directors. Just like the varying personalities of those sitting on the board, so too do associations differ. These differences can vary depending on a number of factors such as the type of community, the size, location, whether they are self-managed, and the particular management company used by the association.
Florida Condo Law is governed by Chapter 718, Florida Statutes, also known as The Condo Act. Condominium owners frequently confuse the actual ownership interest purchased. In a condo, individual ownership of land is usually not the norm. Rather, unit owners own the land and business exteriors jointly, frequently known as the “common elements.” Typically, each condo owner has ownership interest to the unit’s “interior space” also referenced as “air space, in accordance with the description contained within the governing documents, also known as covenants, conditions and restrictions to the community association. Membership in the association is mandatory.
As a result of the unique nature of the ownership and the variations depending on the legal description and governing documents, careful review and analysis of the association’s documents should be considered before purchase. Once purchased, the member is bound by the covenants and restrictions of the community. Frequently, clients will ask a direct question and hoping for a direct answer. Unfortunately, the most common answer will be “it depends…what do your governing documents say?”
In addition, a number of other terms such as limited common area is found in a shared ownership community, which typically refer to common areas that are for the exclusive use of a certain owner or groups of owners. Careful attention should be taken when distinguishing between common ownership versus exclusive use, as well as who is responsible for the maintenance and payment for it. In addition to maintenance and expenses, a wide range of issues may arise regarding nuisances, use restrictions, rentals, leasing, guests, parking, noise and pets. The most critical aspect is to ensure the governing documents are read in conjunction with the The Condo Act. Depending on the particular issue, the rights, duties and obligations of one member in a particular condo association, may differ from another. Contact our condominium lawyers in South Florida at Ferrer Law Group to schedule your confidential consultation.