Condominiums and Community Associations

Condominiums and Community AssociationsBoard Members should be familiar with all of the Association’s Governing Documents, as well as the relevant laws, including the Condominium Act, Chapter 718, for Condominiums and The Homeowner’s Association Act, Chapter 720, as well as the related Florida Administrative Code Provisions set forth in 61B. The Board should determine whether it is necessary or prudent to hire a community association manager to assist in the proper operation of the Association, in addition to the retention of other professionals, such as an accountant and an attorney. 

An owner of a unit in a Condominium or a home in a community governed by a Homeowner’s Association is bound by the contents of the Governing Documents regardless of whether the owner has read them or is aware of them. The Governing Documents typically require prior application and approval for purchase, rental or occupancy. Accordingly, it is important to review and become familiar with the restictions and requirements set forth in such Governing Documents before purchasing, renting or commencing occupancy. Also, Governing Documents may be amended pursuant to certain procedures, and as such, it is possible that certain restrictions and requirements regarding the use or occupancy of the property may change subsequent to one’s purchase, rental or occupancy commences. One should seek legal advice regarding whether such changes will apply to a preexisting owner or occupant. 

In the event you have a potential legal dispute or question regarding your rights and obligations, you should consult an attorney, as the facts and circumstances of your situation may be unique.