Strict Construction of Condominium and Homeowner Association’s Declarations
Do you live in a condominium or in a homeowner’s association? If so, then you know you are governed by a Declaration of Condominium (in the case of condominium unit ownership) or a Declaration of Covenants (in the case of home ownership). Please review these in addition to any amendments that may modify any of the paragraphs or covenants. These are recorded in the official, public records where the condominium or homes are located. So, you can obtain these documents online with ease.
Declarations are covenants running with the land operating as a contract between the governing association and owners. See Woodside Village Condominium Ass’n, Inc. v. Jahren, 806 So.2d 452 (Fla. 2002). For this reason, Declarations are strictly construed, particularly when it comes to restrictive covenants therein, since a Declaration serves as the constitution of the condominium or community. See, Pudit 2 Joint Venture, LLP v. Westwood Gardens Homeowners Ass’n, Inc., 169 So.3d 145, 147-48 (Fla. 4th DCA 2015); Lathan v. Hanover Woods Homeowners Ass’n, Inc., 547 So.2d 319, 321 (Fla. 5th DCA 1989).
Sure, there is a statutory scheme relating to condominiums (Florida Statutes Chapter 718) and homeowner’s associations (Florida Statutes Chapter 720). These statutory schemes are certainly important. But, it all generally starts with the governing documents (constitution) of your condominium or community – particularly, the Declaration and all recorded amendments. Before you become crosswise with your association, spend the time to read the Declaration and any amendments.
Please contact David Adelstein at [email protected] or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.
