What is a Condominium Declaration and why is it important?
I love explaining the nuts and bolts of real estate documents, and the condominium declaration might just be the most important one you'll encounter when buying a condo. Think of it as the constitution of your condo community - it sets all the ground rules and tells you exactly what you're getting into.
Condominium Declaration: A Condominium Declaration is a legally binding document that creates and establishes a condominium property, detailing how the property will be divided between individual units and common areas. This document specifies the rights and responsibilities of unit owners, outlines the rules for using shared spaces, and must be filed with local government offices before units can be sold.
Understanding Condominium Declarations
The condominium declaration isn't just another piece of paperwork - it's the foundation of condo living. This document transforms a regular building into separate units that can be individually owned. Without it, you wouldn't be able to buy just one unit in a building.
The declaration carries serious legal weight. Once it's filed with your local government, it becomes binding for all current and future owners. You can't just ignore it or work around it - these rules stick with the property.
Key Components of a Condominium Declaration
Let's break down what you'll find in this document:
Property Description and Unit Boundaries
Exact measurements and boundaries of your unit
What's included in your space (walls, floors, fixtures)
Maps and diagrams showing unit layouts
Ownership Rights and Restrictions
What you can and can't do with your unit
Rules about making changes or improvements
Who's responsible for what repairs
Common Element Specifications
Areas everyone shares (lobbies, elevators, pools)
Limited common elements (balconies, parking spots)
Who maintains what and who pays for it
Financial Aspects Covered in the Declaration
Money matters take center stage in the declaration. You'll find details about:
Assessment Structure
Your regular costs include:
Monthly association fees
Special assessments for major repairs
How much goes into savings for future repairs
The declaration spells out insurance requirements and how the association handles its money. This includes who can sign checks and how the budget gets approved.
Governance Structure
The declaration creates a mini-government for your condo community:
How the association runs things
Your voting rights as an owner
Board member selection process
Steps for changing the rules
Common Rules and Regulations
These are the day-to-day rules you'll live by:
Whether you can have pets (and what kinds)
If you can rent out your unit
Rules about changing your unit's appearance
Quiet hours and other neighbor considerations
Understanding Your Rights and Responsibilities
The declaration is a two-way street. You get rights, but you also have duties:
What you must do as an owner
What the association must do for you
How to handle disagreements
What happens if someone breaks the rules
Common Misconceptions About Condo Declarations
People often think they can change rules they don't like or that the board can ignore the declaration when convenient. Neither is true. The declaration is legally binding, and changing it usually requires a vote from most owners.
How to Review a Condominium Declaration
Reading a declaration takes time and attention. Watch for:
Unusual restrictions on your unit use
High fees or unclear financial obligations
Strict rental or resale limitations
If something seems odd, talk to a lawyer before signing anything.
The Future of Condominium Declarations
Modern declarations are getting better at addressing new issues like:
Electric vehicle charging stations
Short-term rentals like Airbnb
Solar panel installations
Remote meeting participation
Working with Condominium Declarations
Before buying a condo:
Read the entire declaration
Ask about recent changes
Check for pending amendments
Review association meeting minutes
Making an Informed Decision
The declaration shapes your living experience and property value. Take time to understand it before buying.
Bellhaven Real Estate can guide you through the declaration review process. Our team knows what to look for and can explain how different rules might affect you. Ready to find your perfect condo? Let's review some declarations together and find the right fit for you.