Is it required that a condominium declaration be prepared by an attorney?

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The condominium declaration is generally based on state law. Usually, it contains the conditions, covenants, restrictions, reservations, rules and so forth, plus the by-laws for the association. It may also contain the articles of incorporation for the business.

Since the declaration will be used to govern, manage and operate a multi-million dollar, non-profit (usually) corporation, it's a good idea to engage counsel to craft the declaration.


Otherwise, when the board or owners choose to challenge the basics contained in the declaration, and the matters end up in litigation, the non-attorney-prepared declaration may not be adequate to support these challenges.


It will probably be more cost effective for owners in the long run to hire the original declaration be crafted by an attorney.


If you are a developer and want to avoid paying an attorney to craft the declaration, you may be obliged under state law to notify potential buyers -- in full disclosure -- that the governing documents were crafted by other than an attorney.
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