Tell Aaron What Happened 305-672-7495
Tell Aaron What Happened

Ask Aaron! Your Questions on Florida Business Law Answered

What Should You Check Before Buying a Florida Condo?

Posted by Aaron R. Resnick | Jan 20, 2014 | 0 Comments

Updated October 2026.

Short Answer

Florida condominium law governs the creation and operation of condo associations, outlining the rights of unit owners and the powers of boards. Understanding the Condominium Act and governing documents is essential before purchasing a unit.


Need to talk to a business litigation attorney?

Call Aaron directly at 305-672-7495 or request a consultation.

Aaron Resnick has represented business owners in high-stakes disputes for over 25 years.

As seen in The New York Times, Wall Street Journal, and Miami Herald.


When This Becomes Urgent

Condominium buyers and owners need clarity on Florida's complex condo statutes and association rules. They want to know what governs the board's authority, how assessments work, and how disputes are resolved. Condo law affects daily life, finances, and the value of your property.

What Usually Goes Wrong

  • Mistake #1: Ignoring governing documents. Violations can result in fines and litigation
  • Mistake #2: Underestimating special assessments. Unexpected costs can strain budgets
  • Mistake #3: Failing to participate in association governance. Noninvolvement limits your voice and oversight

What to Have Ready

  1. The declaration and bylaws: set the rights and duties of owners and boards
  2. Budget and reserves: indicate the association's financial health and potential for special assessments
  3. Rules and restrictions: affect rental policies, pet ownership, and renovations
  4. Dispute resolution procedures: outline how conflicts are handled (arbitration vs. litigation)
  5. Insurance and maintenance obligations: clarify what the association covers versus the unit owner

What Typically Happens Next

  1. Review the condo association's declaration and bylaws.
  2. Inspect budgets, reserves, and meeting minutes.
  3. Confirm any restrictions on pets, rentals, or renovations.
  4. Check for pending assessments or litigation.
  5. Attend association meetings to stay informed.

Frequently Asked Questions

What's the difference between a condo and an HOA?

Condominium ownership combines a separately owned unit with a share of common elements; shared walls are not the defining feature. A homeowners association governs a community of parcels under its recorded covenants and chapter 720, Florida Statutes.

Can the association raise fees?

An association may levy assessments for authorized common expenses, but budget, notice and approval requirements come from chapter 718, Florida Statutes, and its governing documents, not the bylaws alone.

How do I resolve a dispute with the board?

For disputes subject to chapter 718's presuit procedure, other than election or recall disputes, a party must petition the condominium division for nonbinding arbitration or initiate presuit mediation before filing in court.

Related Questions

We Don't Make Promises. We Have Results to Prove It.

Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami attorney. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner. The Law Offices of Aaron Resnick represents large corporations, Miami businesses and their owners, professional athletes and entertainers in Miami Dade, Broward and Palm Beach counties and across Florida in business litigation and business counsel. Call 305-672-7495 or request a consultation.

This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.

No attorney-client relationship is formed by reading this page.

Every situation is different. If you're facing a business dispute, contact the Law Offices of Aaron Resnick for a confidential consultation.

Tell Aaron What Happened

Call 305-672-7495 Speak to Aaron

  • This field is required.
  • Valid phone number required.

About the Author

Headshot of Aaron Resnick
Aaron R. Resnick

Aaron Resnick is a Miami business attorney who founded the Law Offices of Aaron Resnick in 2005. He is a past president of the Miami Beach Bar Association and has been selected to Super Lawyers every year since 2013.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Areas we Serve in Florida

Miami Gardens | Aventura | Golden Beach | Sunny Isles Beach | North Miami Beach | North Miami | Bal Harbour | Bay Harbor Islands | Indian Creek | Surfside | Biscayne Park | Miami Shores | El Portal | North Bay Village | Opa-locka | Miami Lakes | Hialeah | Hialeah Gardens | Medley | Doral | Miami Springs | Virginia Gardens | Sweetwater | Miami | Miami Beach | Key Biscayne | West Miami | Coral Gables | South Miami | Pinecrest | Palmetto Bay | Cutler Bay | Homestead | Florida City

Menu