Florida Community Association Manager Practice Exam

When there is a conflict between the condo's rules and regulations and the Declaration of Condominium, which document prevails?

1. The rules and regulations

2. The Association Guidelines

3. The Declaration of Condominium

4. The State Law

The correct answer is: The Declaration of Condominium

In the context of condominium governance, the Declaration of Condominium is a foundational document that outlines the essential rights, obligations, and governance structure of the condominium community. It serves as the primary source of authority for the entire association. When there is a conflict between the condo's rules and regulations and the Declaration of Condominium, the Declaration takes precedence. This is because the Declaration is typically considered a more authoritative document, outlining not only the rights of the unit owners and the association but also the parameters within which rules and regulations can be crafted. Rules and regulations must align with the provisions set forth in the Declaration; if they do not, the Declaration will prevail. The other documents and statutes play important roles, but they do not supersede the Declaration in cases of conflict. For instance, while state law may provide certain overarching legal principles, it does not conflict with the specific provisions laid out in the Declaration unless otherwise provided for. Thus, understanding the hierarchy of these documents is crucial for effective management of community associations.