Florida Real Estate Broker ExaminationReal Estate Law and RegulationsMedium
A Florida resident owns a condominium unit. The condominium association has recorded a declaration of condominium, which outlines the rules and regulations for the community. Which of the following statements accurately describes the nature of these regulations?
- AThe condominium declaration is a private contract and is not binding on future unit owners.
- BThe declaration's rules are advisory only and require individual unit owner consent for enforcement.
- CThe rules in the declaration are enforceable as covenants running with the land, binding all present and future unit owners.
- DThe condominium declaration is subject to annual approval by all unit owners to remain in effect.
Show answer & explanationAnswer & explanation
Correct answer: C. The rules in the declaration are enforceable as covenants running with the land, binding all present and future unit owners.
The declaration of condominium, once properly recorded, establishes covenants that run with the land. This means its rules and restrictions are legally binding on all current and future unit owners within the condominium property.
Why the other options are wrong
- A. The declaration is more than a private contract; it creates a form of ownership and governs the property, binding all owners.
- B. The rules are legally enforceable and do not require individual consent for each instance of enforcement.
- D. The declaration is a foundational document and does not require annual re-approval; amendments follow specific procedures.
Condominium Declaration
The foundational legal document creating a condominium, outlining the rights and obligations of unit owners and the association.
- Must be recorded in public records.
- Establishes covenants that 'run with the land'.
- Binds all present and future unit owners.
- Includes details on common elements, unit boundaries, association powers, etc.
Memory trick: Declaration's rules are like concrete, binding for all to see.