Definitions

• With so many laws subject to litigation, state legislatures take pains to craft statutes that are clear with regard to condominium creation. This is why so many begin the writing of these bills with definitions, so that terms that are frequent and specific to condominiums will not be misconstrued. Illinois law, for example, distinguishes common elements---those portions of the development accessible to all the homeowners---from limited common elements that are open only to specific unit owners. Though Florida also makes the distinction, the two definitions do not reference one another, indicating that Illinois lawmakers are aware of disputes over meaning.
  
  

Filing

• Each state designates a responsible officer or agency with which condominium declarations must be filed. In addition, laws will specify fees associated with filings and addresses to which documentation should be forwarded. New York, for instance, names its Department of State as the recipient for declarations and amendments, detailing the manner in which the hard copy document should be presented. By contrast, Wisconsin requires the developer to submit the declarations to the clerk of the county where the subject property lies. Together with a survey map of the property, the declarations are then recorded.
  
  

Subject Property

• Every state dictates that condominium declarations demonstrate the boundaries of their authority. What satisfies the requirements for a legal description, however, varies from state to state. Both Texas and New Jersey condominium statutes call for a satisfactory legal description, whereas Maryland asks for a description sufficient for identification. These conditions can range from measurements of the property lines to referencing of the tax lots. Common to all declarations provisions are conditions for the number of units and the placement of the common areas.
  
  

Association Operations

• Among the criteria for valid declarations is a general description of how the new homeowners association will do business. What issues call for votes? What constitutes an effective majority? The State of Hawaii codifies that association members must vote for any restoration or improvement following damage to or destruction of common areas. Illinois requires that condo declarations provide for a two-thirds majority when electing board officers or purchasing additional land. These particulars may be in the body of the declarations or appear in the accompanying by-laws.