Land records · Parcel maps · October 7, 2026
Condominium Declaration: The Condo Master Document
What a condominium declaration is: the recorded document that creates a condo, defines units and common elements, and sets owner rights and duties.
Condominium declaration is the recorded legal document that creates a condominium under state law. It describes the land and buildings, defines each unit and its boundaries, identifies common elements and limited common elements, allocates each unit’s percentage interest, and sets out rights and duties of owners and the association. The declaration, along with the bylaws, rules, and condominium plats or plans, forms the governing documents. Some states call it a master deed. Buyers should read it before purchasing. This page is general land-records background, not legal advice.
What a declaration typically covers
| Topic | Examples |
|---|---|
| Property description | Land and buildings |
| Units | Number, boundaries, and identification |
| Common elements | Hallways, roofs, grounds |
| Limited common elements | Balconies, parking |
| Percentage interests | Voting and assessment shares |
| Association | Powers and duties |
| Assessments | Budgets, reserves, liens |
| Use restrictions | Pets, rentals, alterations |
| Insurance | Master policy and owner duties |
| Amendments | Voting thresholds |
Plats and plans
Declarations are recorded with plats and plans showing unit locations and boundaries. See condo plat vs subdivision plat.
Unit deeds
Each unit deed references the declaration, binding owners to its terms.
Assessments and liens
The declaration authorizes the association to levy assessments and record liens for unpaid amounts. See what is an HOA lien.
Amendments
Declarations can be amended by owner votes, often requiring supermajorities. Amendments are recorded.
Finding the declaration
Search county land records by condominium name. Title commitments list the declaration. Associations often provide copies.
Why buyers should read it
The declaration controls rental limits, pet rules, renovation approvals, and repair responsibilities. Conflicts with buyer plans can be costly.
Example
A buyer plans to rent a condo unit short term. The declaration prohibits leases under six months. The buyer reconsiders before closing.
Declaration vs bylaws vs rules
The declaration creates the condominium and sets core rights. Bylaws govern association operations. Rules address day-to-day matters.
Repair and insurance responsibilities
One of the most practical parts of a declaration is the section dividing repair and insurance duties between the association and owners. For example, the association may insure and repair roofs, exterior walls, and shared pipes, while owners handle interior finishes, fixtures, and appliances. When water from one unit damages another, the declaration and state law help decide who pays. Owners should match their personal condo insurance policy to these duties.
Leasing and use limits
Declarations often limit rentals, set minimum lease terms, cap the number of units that can be rented, restrict pets, or prohibit business use. Lenders also look at rental ratios when approving mortgages, so a building with many rentals can affect financing.
Reserves and special assessments
Declarations usually require the association to keep reserve funds for major repairs. When reserves fall short, the association may levy special assessments. Buyers should review recent budgets and reserve studies along with the declaration.
Bottom line
A condominium declaration creates a condo and defines units, common elements, percentage interests, and owner duties. It is recorded with plats and plans and binds all owners. Read it before buying. Explore condo plats via the Platbookmapper map.
Condominium declaration FAQ
What is a condominium declaration?
The recorded document creating a condominium.
Is a declaration the same as a master deed?
Some states use that term for it.
What is in a condo declaration?
Units, common elements, interests, and rules.
Can the declaration be changed?
By owner vote under amendment rules.
Where do I find the declaration?
In county land records or from the association.