Legal Question in Real Estate Law in Florida

Our condo association is in Florida. Our Declaration Of Condominium was recorded April 1983.

It states Chapter 718 (Condominium Act) as "amended through the date of the recording of this Declaration, is incorporated into this Declaration by reference, and all provisions of the Condominium Act shall apply to this Condominium. ...."

It does NOT state that the Condo Act "as amended from time to time" is incorporated into this Declaration ..."

As our Declaration stands with its present language, would FUTURE amendments of the Condo Act AFTER the date of recording of our Declaration - which is March 1983 - apply to our condominium association? If not, are there examples when it would or might?

Thank you in advance. I greatly appreciate your time and expertise.

Fred


Asked on 3/22/19, 9:43 pm

1 Answer from Attorneys
Jean Winters Winters & Winters, PA

Future amendments to the Condominium Act will appy only if the provision is remedial or procedural. The Declaration of Condominium governs (over later amendments to statute) with respect to substantive provisions. For example, in Cohn v. Grand Condominium Association, the Florida Supreme Court ruled that the Declaration of Condominium governed over a later amendment to the Condominiumn Act with regard to voting rights. In contrast, a fine is considered remedial and thus the Condominium Act would apply retroactively.

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Answered on 4/09/19, 8:02 am


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