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Author: Jimerson Birr

Condo Associations Have Statutory Right to Amend Declaration but can Only Unilaterally Void a Declaration Provision in Certain Circumstances

October 8, 2014 Community Association Industry Legal Blog

The declaration of condominium is the instrument by which a condominium is created. Fla. Stat. § 718.103(15). Florida courts have often referred to a declaration of condominium as the condominium’s “constitution” because it “strictly governs the relationships among the condominium unit owners and the condominium association.” Woodside Vill. Condo. Ass’n, Inc. v. Jahren, 806 So.2d 452, 456 (Fla. 2002). Yet what commonly happens is that, over time, unit owners and/or the board of directors of condo associations grow to dislike certain declaration provisions. Those bound by the declaration cannot simply ignore those unwanted provisions; rather, they must take action to amend and/or otherwise change the declaration. Fortunately, Condo Associations have the statutory right to amend their declarations and may even unilaterally void declaration provisions in certain circumstances. This blog post will discuss this right in more detail.

A Condo Association’s Remedies Against Tenants who Violate the Association’s Declaration, Rules and Regulations

September 24, 2014 Community Association Industry Legal Blog

Every condo association finds itself having to deal with tenants who break the association’s rules and regulations. While the association’s governing documents may allow it to take certain actions against those tenants, the Florida Statutes provide for remedies as well. Specifically, Section 718.303, Florida Statutes, defines the obligations of not only unit owners but also their tenants and explains the remedies available to an association when those tenants violate its rules. This Blog post will discuss in detail a condo association’s statutory remedies against those tenants who violate the association’s declaration, rules and regulations.

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