Condominium Documents Should be Kept Current

by Joseph Adams

Question: I recently purchased a condominium unit and was given a copy of the condominium documents. The documents I was given are over 40 years old. When I asked the association about this, I was told that the documents had never been updated. Don’t condominium documents have to be updated from time to time? Would 40-year-old documents still be valid? (N.R. via e-mail)

Answer: It is not legally necessary to update or amend condominium documents. However, most condominium associations find it desirable to amend and update the condominium documents from time to time to assist in the operation of the association, and to comply with current standards.Homeowners’ association documents may be affected by the operation of the Marketable Record Title Act, which is Chapter 712, Florida Statutes. The provisions of Chapter 712 can operate to extinguish certain documents that are 30 years or more old. It is prudent for all types of associations to periodically review the community’s governing documents with an attorney. While your condominium documents are probably not invalid, I suspect they are completely out of sync with modern drafting practices and statutory provisions.

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