Community Association Law - Condominiums, Mobile Home Parks & Homeowners Associations

Condominiums, mobile home parks, homeowners associations and cooperative associations are creatures of contract and statute.  A different chapter within the Florida Statutes governs each type of community.  These statutes, as well as the case law interpreting them and the associations' governing documents, are commonly referred to as Community Association Law.

A homeowners' association is the legal entity created, generally, by a real estate developer for the purpose of developing, managing and selling a community of homes. It is given the authority to enforce the covenants, conditions, and restrictions and to manage the common areas of the neighborhood.  The developer terminates its responsibility for the community typically by transferring ownership of the association to the homeowners after selling off a predetermined number of lots. Most homeowners' associations are non-profit corporations, and are subject to state statutes that govern non-profit corporations and homeowners' associations. 

A condominium, or condo, is a form of housing tenure.  Technically, the condominium is the whole collection of individual home units along with the land upon which they sit. Individual home ownership is composed, generally, of only the air-space within the boundaries of the home, as defined by a document known as a Declaration, filed of record with the local governing authority. Typically these boundaries will include the sheet rock surrounding a room, allowing the homeowner to make some interior modifications without impacting the common area. Anything outside this boundary is generally held in an undivided ownership interest by a corporation established at the time of the condominium’s creation. The corporation holds this property in trust on behalf of the homeowners as a group.  The primary attraction to this type of ownership is the ability to obtain affordable housing in a highly-desirable area that typically is beyond economic reach. Additionally, such properties benefit from having restrictions that maintain and enhance value.

A mobile home is a portable dwelling without a permanent foundation that can be hooked up to utilities and is suitable for year-round living.  If you own or are considering buying a mobile home or mobile home park, laws and regulations apply which are not necessarily applicable to other forms of ownership (e.g. home ownership or condominium ownership).  For example, a mobile home owner typically owns the home but not the land on which it sits.  This situation presents unique and complex legal issues.

A cooperative is a form of ownership of real property wherein legal title is vested in a corporation or other entity and the beneficial use is evidenced by an ownership interest in the association and a lease or other muniment of title or possession granted by the association as the owner of all the cooperative property.  In many ways, a cooperative is similar to a condominium, but there are very real and important differences.