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condominium declaration

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condominium declaration

The document that establishes the legal existence of the condominium project and the ability to divide airspace into horizontal layers of ownership. The condominium declaration must be filed with the designated public official for the state or county where the land is located.



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In order to avoid application of the default rule, the lender must craft the deed so that it specifically exempts from transfer those special declarant rights reserved by the developer/borrower under the condominium declaration (except the right to maintain a sales office and model units, which is discussed more thoroughly later).
The condominium declaration plan for the Bar Building was approved in 2006.
Florida Supreme Court's Woodside Decision The Florida Supreme Court quashed the Second District's decision, stating that "because condominiums are a creature of statute, courts must look to the statutory scheme as well as the condominium declaration and other documents to determine the legal rights of owners and the Association.
 
 
 
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