Miami Condo Association Rules: What the Declaration, Bylaws and Board Rules Can Restrict

Miami condo association rules come in four layers. Florida's Chapter 718 sits on top, then the recorded declaration, which can restrict use, occupancy and transfer of units, then the articles and bylaws that run the association, then board rules, which must stay reasonable and within what the declaration and bylaws authorize.

Four layers, and how they fit together

Section 718.303(1) of the Florida Statutes says every unit owner, tenant, invitee and association must comply with Chapter 718, the declaration, the documents creating the association and the bylaws. Section 718.303(2) adds that a provision of the chapter may not be waived if the waiver would adversely affect an owner's rights, so no document can sign away a statutory protection.

Under Section 718.103, the declaration is the instrument that creates the condominium, as amended from time to time. Section 718.112(1)(a) says the association's operation is governed by its articles of incorporation and bylaws, which are exhibits to the recorded declaration, and 718.112(3)(d) allows other bylaw provisions only where not inconsistent with the chapter or the declaration. Board rules sit beneath all of it. If two documents disagree and your declaration has no clause resolving conflicts, take the question to a Florida attorney.

What the declaration is allowed to restrict

Section 718.104(5) lets the declaration, as originally recorded or as amended, include covenants and restrictions concerning the use, occupancy and transfer of units, as permitted by law for real property. That is where the restrictions with the most financial weight have their footing: who may live in a unit, whether and how it may be leased, and whether a sale needs the association's consent.

Two of those topics have their own guides. Buyer screening, interviews and rights of first refusal are at /blog/miami-condo-board-approval-process. Lease minimums, tenant fees and the rule that a rental amendment binds only consenting owners and later buyers are at /blog/renting-a-condo-in-miami-association-approval-tenant-rules.

The bylaws, and the rulebook they authorize

Section 718.112(2) lists provisions every set of bylaws must contain, covering the board, officers, meetings and budgets, and says bylaws that omit them are deemed to include them. Section 718.112(3) then lists optional provisions. Paragraph (a) is a method for adopting and amending administrative rules governing the operation and use of the common elements. Paragraph (b) covers restrictions on and requirements for the use, maintenance and appearance of the units.

Read that second paragraph closely at a luxury tower. Rules on renovation work, move-ins, balcony furnishings or a unit's exterior look are matters of use, maintenance and appearance, and whether the board may adopt them by rule depends on what your building's documents grant.

How far a board rule reaches

The statute expects board rules to be reasonable. Section 718.303(3) allows reasonable fines for breaking the declaration, the bylaws or "reasonable rules," and says a fine may not become a lien against a unit; the notice and hearing steps are in the leasing guide above. Section 718.123(1) allows reasonable rules for common areas and recreational facilities but bars unreasonably restricting owners' right to peaceably assemble or to invite public officers or candidates to speak there, and 718.123(2) lets a court enjoin any rule that does.

How each layer gets changed

The declaration changes by the method it states. Under Section 718.110(1)(a), if it states none, the owners of at least two-thirds of the units must approve, and a declaration recorded after April 1, 1992 may not require more than four-fifths of the voting interests for most amendments. A proposal must show the full text with additions underlined and deletions lined through with hyphens, not a reference to a section number. The amendment is evidenced by a certificate executed like a deed and takes effect when properly recorded in the county's public records, under 718.110(2) and (3).

Some changes need far more. Unless the original declaration provides otherwise, Section 718.110(4)(a) bars an amendment that materially changes a unit's size or configuration, its appurtenances or its share of the common expenses unless that unit's owner and every lienholder join and all other owners approve.

Bylaws must state their own amendment method; if they do not, Section 718.112(2)(j) requires two-thirds of the voting interests, with the same full-text format. Under 718.112(1)(b), no amendment to the articles or bylaws is valid unless it is recorded with the book and page of the declaration identified on its first page.

Rules change by board vote, under the method the bylaws provide. Section 718.112(2)(c)1 requires written notice, delivered to owners and posted on the property at least 14 days before any meeting at which an amendment to rules regarding unit use will be considered, with an affidavit of notice filed in the official records. Owners can force the question: if 20 percent of the voting interests petition, the board must put the item on the agenda within 60 days.

Protections no rule can take away

Several rights in Section 718.113 apply whatever the documents say. Under subsection (4), an owner may display one portable, removable United States flag and, on listed holidays, official armed services flags up to 4 1/2 by 6 feet. Under subsection (6), an association may not refuse a reasonable accommodation request for a religious object on the door frame up to 3 inches wide, 6 inches high and 1.5 inches deep. Under (5)(c), a board may not refuse hurricane protection that meets its adopted specifications, though it may require an existing unified building scheme. Electric vehicle chargers are covered at /blog/miami-condo-ev-charging-parking-rights.

Which declaration governs in a multi-building complex

At larger luxury complexes, the first question is which condominium your unit belongs to. Florida DBPR's Dade and Monroe condominium file, as we checked it on September 27, 2026, lists Continuum on South Beach as two condominiums, a South Tower of 314 units and a North Tower of 213 units, each with its own association. At 2701 South Bayshore Drive it lists Two Park Grove Condo, 73 units, and Club Residences at Park Grove Condo, 152 units, again with separate associations.

Each condominium has its own declaration, so confirm which one your unit's legal description names before relying on a neighbor's rule. Profiles are at /buildings/continuum-south-beach and /buildings/park-grove, with area context at /neighborhoods/south-of-fifth and /neighborhoods/coconut-grove.

Getting the current versions

Under Section 718.111(12)(a), the association's official records include the recorded declaration and every amendment, the recorded bylaws and every amendment, a certified copy of the articles and every amendment, and the current rules. Section 718.111(12)(b) requires those records to be kept permanently from the association's inception. An owner may inspect them without giving a reason, and under (12)(c)1.a. a failure to produce records within 10 working days of a written request creates a rebuttable presumption of willful noncompliance, with minimum damages of $50 per calendar day for up to 10 days starting on the 11th working day.

A buyer under contract is entitled, at the seller's expense, to the declaration, articles, bylaws and rules under Section 718.503(2)(a). Read them in that order, amendments by recording date. Requesting records is covered at /blog/find-miami-condo-association-legal-name-manager-records, and /condo-associations lists the association legal names we have on file.

Questions Miami owners ask about condo association rules

Where Miami Condo HQ fits

Miami Condo HQ is published by Eltherion, LLC, a research publisher, not a brokerage, with no live Miami MLS feed. For a dispute over what your documents allow, consult a Florida attorney with the recorded declaration, bylaws and rules in hand.