Condominiums created and existing in the state of Florida are subject to the provisions of the Florida Condominium Act. The Act gives statutory recognition to the condo form of ownership of real property and establishes procedures for the creation, sale, and operation of condos. Our South Florida condominium dispute attorneys are well equipped to handle the entire spectrum of matters that may occur.
A condominium is created by recording a declaration in the public records. The declaration must contain or provide for several matters including: (1) a statement submitting the property to condo ownership; (2) the name by which the condo property is to be identified; (3) an identification of each unit; (4) the name of the association; and (5) unit owner’s membership and voting rights in the association. In addition to a declaration, articles of incorporation and by-laws are part of the controlling documents for a condo. The articles and by-laws shall be included as exhibits to a recorded declaration. The by-laws address topics such as administration of the condo, quorum, voting requirements, meetings, and annual budgets. The controlling documents for a condominium contain an abundance of information such as the powers and duties of an association.
Many condominium disputes arise over the power and duties of the association. The power and duties of the association are set forth in Florida Statute §718.111, the declaration, the by-laws, and Chapters 607 and 617 of the Florida Statutes. Some powers and duties include the power to manage condominium property and to contract, sue, and be sued. An association has the right to access units during reasonable hours when necessary. An association shall maintain the official records of the association. Furthermore, the association shall prepare and complete a financial report for the preceding fiscal year.
Condominiums are highly regulated. The declaration of condominium, articles of incorporation, by-laws, rules and regulations, and the Florida Condominium Act are important in solving condominium disputes. Our Fort Lauderdale condominium dispute attorneys are prepared to assist in finding creative, cost-effective solutions to your condominium disputes.