The declaration of condominium is the document or set of documents that actually creates the condominium. It establishes the covenants and restrictions which will affect the property and govern the residents during the entire existence of the condominium. The declaration of condominium includes, within its definition, any amendments which may be made to it and all exhibits which are attached to the foundation document and incorporated into it by reference [718.104(14), F.S.].

The articles of incorporation or corporate charter are the documents that provide the authority for the board of directors to maintain, manage and operate the business affairs of the association responsible for the common elements and the condominium property.  The articles of incorporation include within its definition any amendments which may be made to it and all exhibits which are attached to the foundation document and incorporated into it by reference.

As the articles of incorporation of the association define its basic structure and its areas of responsibility, the bylaws establish the procedures for carrying out these responsibilities. They define the duties of the various offices of the Board of Directors, the terms of the directors, the membership’s voting rights, required meetings, and notice requirements for meetings to name a few.

The supplemental restrictions authorized by the bylaws and promulgated by the board of administration are traditionally referred to as the “rules and regulations”. The bylaws of the association may provide for the authority to adopt the rules and regulations and may set out the procedures to follow when adopting them [718.112 (3) (a), F.S.].

A professional management company is contracted by the Board of Directors to properly maintain the Common Areas and conduct the business affairs of the Association. A management company provides services such as a collection of assessments, supervision of subcontractors, obtaining bids for subcontracted services, providing financial statements and collection reports, as well as a general clearinghouse for problem-solving, communications with owners and the Board of Directors and to serve in an advisor capacity. The management company reports directly to the Board and all decisions are made by a majority vote of the Board of Directors. See our Services page for a more comprehensive listing of services management companies provide. Note that services provided depend on the individual agreements between a community association management company and the client association.

The Board of Directors determines the policies and rules and regulations involved in the operation of the Association’s business affairs.