The creation and termination of Florida condominium declarations involve complex legal procedures governed by state law. These processes require careful attention to detail and stakeholders can benefit from professional legal guidance by an experienced real estate attorney with a track record of success in the condominium owners association (COA) law.

Creating a Florida Condominium Declaration

Under Florida Statutes Chapter 718, a condominium declaration must contain specific elements to be valid. The declaration serves as the founding document that creates the condominium and establishes the rights and responsibilities of unit owners. The Florida Department of Business and Professional Regulation oversees these declarations and ensures compliance with state requirements.

Required Elements of Declaration

A valid Florida condominium declaration must include a legal description of the land and buildings, define the common elements and units, and establish the ownership shares of common expenses and elements. Unit boundaries and dimensions must be precisely specified, while common element designations need clear documentation. Declarations should outline comprehensive assessment procedures and any use restrictions that will apply to the property. Amendment procedures must also be included to allow for future changes when necessary.

Key Required Elements:

Unit boundaries and dimensions
Common element designations
Assessment procedures
Use restrictions

“[Condominium] declarations should outline comprehensive assessment procedures and any use restrictions that will apply to the property.”

Filing Requirements

Florida condominium declarations must be properly executed and recorded in the public records of the county where the condominium is located. Prior to recording, developers must submit required documentation to the Division of Florida Condominiums for review and approval. This process ensures compliance with state regulations and provides public notice of the condominium’s existence.

Amending Declarations

While amendments are possible, they typically require a high percentage of unit owner approval. The process must follow both statutory requirements and any specific procedures outlined in the original declaration. Some amendments may require mortgage holder approval as well, adding another layer of complexity to the process.

Termination Procedures

Terminating a condominium proves more complex than creating one. There are several paths to termination, each with specific requirements and procedures. Optional termination represents the most common method, requiring approval from a specified percentage of unit owners.

Common Reasons for Optional Termination:

Economic obsolescence
Excessive reconstruction costs
Impractical market conditions
Beneficial development opportunities

Mandatory Termination

In some cases, termination becomes mandatory. This might occur after natural disasters that destroy a significant portion of the property, government condemnation, or court orders requiring termination. The process must still follow specific legal requirements, even when termination is mandatory.

Economic Analysis

Before proceeding with termination, associations should conduct thorough economic analyses. This includes careful property valuation and assessment of outstanding debts. Distribution calculations must account for all owners’ interests, while tax implications require careful consideration. Professional guidance often proves essential for accurate economic analysis.

Legal Requirements

The termination process must comply with statutory requirements and any specific provisions in the declaration. Following these requirements precisely can significantly reduce the chance of legal challenges that could delay or halt the termination process. Written notice must be provided to all owners and lienholders, accompanied by a detailed termination plan that outlines fair market value assessments and distribution procedures.

Distribution of Assets

Upon termination, the association must distribute assets according to law and the termination plan. This typically involves selling the property and paying outstanding debts before distributing remaining proceeds to unit owners. Lienholders’ interests must be addressed according to legal priority, ensuring fair treatment of all parties with legitimate claims to the assets.

The Importance of an Attorney

Given the complexity of declaration and termination procedures, professional assistance proves invaluable. Working with qualified attorneys and other professionals helps ensure compliance with all legal requirements while protecting owners’ interests. These professionals can guide associations through document preparation, filing requirements, and asset distribution.

Working with an experienced COA attorney is the easiest way to handle there complex processes in a way that avoids costly mistakes.

South Florida Law

South Florida Law is a prominent law firm with a track record of success in handling complex condominium association (COA) cases. Consulting with our legal professionals helps ensure proper handling of all aspects of condominium declaration creations or terminations. When you work with our team, you benefit from the unique situation of having a legal partner with both big firm resources and boutique firm attention to detail. We can guide associations, owners, and developers through the complex legal requirements while protecting your best interests.

If you require a legal partner to help you manage a condominium declaration or termination, then contact us today by calling (954) 900-8885 or by reaching our via our contact form.