Today, I asked Claud to create a guide that residents can use to find answers within their governing documents to questions regarding living in a Florida-based condominium.
UNDERSTANDING YOUR CONDOMINIUM’S GOVERNING DOCUMENTS
A Resident’s Guide for Florida Condominium Associations
How to find answers in your Declaration, Articles, Bylaws, and Rules
Prepared: August 2026
This is a general-purpose template covering what each document type typically contains under Florida condominium law, and where to look. Because every association’s numbering differs, use this guide alongside your actual Declaration, Articles, Bylaws, and Rules — insert your own article/section numbers where noted. Where sample language references a specific section, verify it against your recorded documents, since the sample section titles used here are illustrative, not universal.
How Your Governing Documents Fit Together
A Florida condominium association is governed by a layered set of documents, plus state law. Higher-ranked documents control when there is a conflict — a Rule cannot override the Declaration, and no document can override Florida Statutes Chapter 718.
| Rank & Document | What It Does |
| 1. Florida Statutes (Chapter 718) & Administrative Code | State law sets the floor. No governing document can waive or lower an owner’s statutory rights (e.g., access to records, fine procedures, structural safety requirements). |
| 2. Declaration of Condominium | The Association’s “constitution.” Recorded against the land; defines ownership, use restrictions, and maintenance duties. Hardest to amend. |
| 3. Articles of Incorporation | Creates the Association as a Florida not-for-profit corporation; defines its purpose and basic structure. |
| 4. Bylaws | Governs internal operations — meetings, elections, Board and officer duties. |
| 5. Rules & Regulations | Day-to-day policies adopted by the Board (pool hours, parking, pets). Must be consistent with, and cannot conflict with, the documents above. |
Practical tip: if a Rule and the Declaration seem to conflict (for example, a Rule bans pets the Declaration permits), the Declaration controls. Bring conflicts like this to the Board or property manager.
1. Declaration of Condominium
The Declaration is the foundational, recorded document — often called the Association’s “constitution.” It defines what you own, what’s shared, and the core restrictions that run with the property. It generally requires the highest ownership vote to amend (commonly two-thirds or more, per the document’s own amendment article).
| Typical Section | What You’ll Find There |
| Definitions | Key terms used throughout every document: “Unit,” “Common Elements,” “Limited Common Elements,” “Association,” “Board.” |
| Submission Statement & Legal Description | The legal description of the land and improvements; establishes the condominium under Florida Statutes Chapter 718. |
| Unit Boundaries / Ownership | Defines exactly what you own (typically walls-in) versus common elements and limited common elements (e.g., your balcony). |
| Common Elements & Limited Common Elements | Lists shared property (lobbies, roofs, pools, elevators) and elements limited to certain units (assigned parking, balconies). |
| Percentage/Share of Ownership | Each unit’s percentage interest in common elements — the basis for assessment allocation and voting weight. |
| Maintenance & Repair Responsibility | Who pays for and maintains what — often the single most disputed section; check this before any repair. |
| Use Restrictions | Rules on rentals/leasing minimums, pets, occupancy limits, signage, business use, and age restrictions (if any). |
| Assessments & Special Assessments | How regular and special assessments are calculated, billed, and enforced, including lien rights. |
| Insurance & Casualty/Reconstruction | Required coverage, deductible allocation, and rebuilding procedures after damage (hurricane-relevant). |
| Amendments | The vote threshold required to change the Declaration — usually higher than for Bylaws or Rules. |
| Exhibits (Survey, Plot Plan, Percentage Schedule) | Attached drawings and tables referenced throughout the document — essential for boundary disputes. |
2. Articles of Incorporation
The Articles created the Association as a Florida not-for-profit corporation. They are filed with the Florida Division of Corporations and are typically shorter than the Declaration and Bylaws.
| Typical Section | What You’ll Find There |
| Name & Principal Office | Legal name of the Association and its registered address. |
| Purpose | The corporate purpose generally is to operate and administer the condominium. |
| Membership | Confirms that unit owners are automatically members of the Association. |
| Board of Directors | Number of directors, qualifications, and how the initial Board was appointed. |
| Officers | Officer positions created by the corporation (President, Vice President, Secretary, Treasurer). |
| Registered Agent | The person/entity authorized to receive legal service of process on the Association’s behalf. |
| Amendments | Vote required to amend the Articles (distinct from Declaration or Bylaw amendment thresholds). |
| Dissolution | Procedure and distribution of assets if the Association is ever dissolved. |
3. Bylaws
The Bylaws govern how the Association runs as a corporation: meetings, elections, and the duties of the Board and officers.
| Typical Section | What You’ll Find There |
| Annual & Special Meetings of Owners | Notice requirements, quorum, voting procedures, and how owners can call a special meeting. |
| Board of Directors | Powers, number of seats, terms, vacancies, and removal procedures. |
| Elections | Nomination process, candidate disclosure, ballots, and timeline (also governed by Fla. Stat. 718.112). |
| Officers & Their Duties | Day-to-day authority of the President, Treasurer, Secretary, etc. |
| Committees | Authority to create committees (e.g., architectural review, social) and their scope. |
| Fiscal Management | Budget adoption process, reserve funding decisions, and financial reporting to owners. |
| Indemnification | Protection for Board members/officers acting in good faith on Association business. |
| Amendments | Vote required to change the Bylaws — confirm whether owner and/or Board approval is required. |
4. Rules & Regulations
Rules address day-to-day community life. The Board can typically adopt or amend Rules without a full ownership vote, but Rules must stay consistent with the Declaration and Bylaws and cannot impose new restrictions on how units may be used beyond what the Declaration allows.
| Typical Section | What You’ll Find There |
| Common Area Use | Pool, clubhouse, gym, and elevator hours, guest policies, and reservation procedures. |
| Parking | Assigned spaces, guest parking, commercial vehicle and RV restrictions, towing policy. |
| Pets | Number, size, breed, and leash rules (must align with, not exceed, the Declaration). |
| Noise & Nuisance | Quiet hours and conduct standards. |
| Move-In/Move-Out & Renovations | Elevator reservation, deposit requirements, contractor hours, and required approvals. |
| Leasing/Tenant Registration | Application, background check, and orientation requirements for tenants. |
| Enforcement & Fines | Notice-and-hearing process before a fine or suspension is imposed (Fla. Stat. 718.303). |
5. Florida Statutes, Chapter 718 (the Condominium Act)
State law sets baseline rights and duties that apply regardless of what the governing documents say — including recent structural-safety requirements adopted after the 2021 Surfside collapse.
| Key Section | What It Covers |
| 718.111 — Association Powers & Records | Official records residents may inspect, and the Association’s website/portal posting duties. As of Jan. 1, 2026, associations with 25+ units must post key documents online (previously 150+). |
| 718.112 — Bylaws, Board & Elections | Minimum meeting/election requirements, and Structural Integrity Reserve Study (SIRS) rules for buildings 3+ habitable stories. |
| 718.113 — Common Elements & Maintenance | Default maintenance responsibilities where the Declaration is silent. |
| 718.116 — Assessments & Liens | Interest, late fees, lien priority, and collection procedures. |
| 718.301 — Milestone Inspections | Structural inspection deadlines for older buildings, generally those 3+ stories and 30 years old (25 near the coast). |
| 718.303 — Fines & Suspensions | Caps on fines, required notice, and hearing procedures before enforcement. |
2026 update: as of January 1, 2026, associations with 25 or more units (down from a 150-unit threshold) must post the Declaration, Bylaws, Articles, amendments, Rules, approved minutes, contracts, annual budget, and annual financial report to a website or app accessible to owners.
Quick-Reference: “Where Do I Find…?”
Use this table as a starting point. Replace the “Where to Find It” column with your association’s actual article and section numbers once you have your documents in hand.
| Resident Question | Look In | Where to Find It |
| Can I rent out my unit? Minimum lease term or rental cap? | Declaration | Restrictions/Use of Units article |
| Can I have a pet? Size, breed, or number limits? | Declaration + Rules & Regulations | Restrictions article; Pet Rules section |
| What do I own vs. what is a common element? | Declaration (with Survey/Plot Plan exhibit) | Definitions & Unit Boundaries article |
| Who fixes my A/C, windows, or in-wall plumbing? | Declaration | Maintenance & Repair Responsibility article |
| How is my monthly assessment calculated? | Declaration + Annual Budget | Assessments article; ownership-share exhibit |
| What happens if I miss an assessment payment? | Declaration + Fla. Stat. Ch. 718 | Assessments/Collections article |
| Does the Board need to approve a buyer or tenant? | Declaration | Transfer of Units / Right of Approval article |
| How do I request an architectural change? | Declaration + Rules & Regulations | Alterations/Architectural Review article |
| When and how are Board elections held? | Bylaws | Elections/Nomination article |
| How do I call a special meeting or add an agenda item? | Bylaws | Meetings of Unit Owners article |
| What are the Board’s powers, and how many directors? | Bylaws | Board of Directors article |
| How is a Board member removed? | Bylaws + Fla. Stat. 718.112 | Board of Directors / Removal article |
| What do officers (President, Treasurer, Secretary) do? | Bylaws | Officers article |
| What is quorum for an owner or Board meeting? | Bylaws | Meetings article |
| How can the governing documents be amended? | Declaration + Bylaws | Amendments article (vote thresholds differ) |
| What is the Association’s legal name and purpose? | Articles of Incorporation | Name/Purpose/Powers sections |
| Pool hours, parking, noise limits, move-in rules? | Rules & Regulations | Topic-specific section |
| Fines for rule violations — how much, what process? | Rules & Regulations + Fla. Stat. 718.303 | Enforcement/Fines section |
| Milestone inspections and reserve funding (SIRS)? | Fla. Stat. 718.301 & 718.112(2)(g) + Reserve Study | Association website document library |
| What’s needed to buy/sell — estoppel, disclosures? | Fla. Stat. Ch. 718 + Declaration | Request from management or the Board |
| Where are minutes, budgets, and contracts posted? | Association website/portal (Fla. Stat. 718.111/.112) | Member portal document library |
Tips for Residents
- Read the Declaration first. It controls maintenance responsibility and use restrictions — the two most common sources of disputes.
- Check the amendment article before assuming a document can’t change; note that Declaration, Articles, and Bylaws often require different vote thresholds.
- If a Rule seems to conflict with the Declaration or Bylaws, raise it with the Board — the higher-ranked document controls.
- Request official records in writing. Florida Statute 718.111 gives owners the right to inspect and copy most Association records.
- Ask the property manager or Board where the association posts its state-mandated document library online — this is the fastest way to get current copies.
- For anything involving money owed, liens, fines, or a legal dispute, confirm the current rule against Florida Statutes Chapter 718, since amendments happen most legislative sessions.
This guide is educational and not legal advice. For a specific dispute or transaction, consult the Association’s official records, your property manager, or a Florida attorney experienced in condominium law.
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