You can find the answer you want in your local hall of records where the Oceanquest Condominium is located.
No. The recording of the declaration of condominium creates the condominium under state laws. A condominium is a creation of law. If no condominium is created then no units can be sold. Condominium declarations are recorded in the land records office where the land is located. Once the condominium has been submitted to the provisions of state condominium law by the recording of the declaration in the land records, the developer can sell condominium units.
Personally, I would not buy a condominium unless my review of the complete declaration was finished. Otherwise, you (and I) have zero idea about the community you're (I'm) buying into. Whether or not it can be sold may be a local legal issue. See your state condominium statute.
Once you purchase a condominium unit, whether you are its first owner or subsequent owner, the condominium declarations will always be in force.
You are entitled to a copy of a condominium's declaration when you purchase a condominium.You can obtain a certified copy from the county records clerk, and you'll pay for it. You may be able to purchase a copy if you are not an owner; local laws apply.Otherwise, you can obtain a copy from the previous owner, from the developer if you are the first buyer, or from the condominium management company.A condominium declaration is a lengthy document, a legal document and is only part of the list of governing documents used by its board of directors to manage and lead the condominium association.You should always verify that the copy you obtain is the latest, most up-to-date version of the document you want.
If you mean you want to neutralize the declaration, this may not be possible except in the case of a disaster: flood, fire, earthquake and so forth that destroys all the real estate assets and makes it uneconomical to repair them.Your governing documents may provide for a dissolution of the association, given a disaster.Otherwise, you can also read there how to modify or amend your declaration and the required number of voting percentages required in order to accomplish this change.Another PerspectiveEvery state has a condominium law. When a condominium is declared its sponsor makes it and its base tract subject to the state condominium law. The provisions for terminating a condominium are set forth in the statute and generally involve the assent by all the owners. In some cases all the units in a failed condominium are acquired by a single owner and that owner can withdraw the property from classification as a condominium. Such projects are converted into rental properties. You need to check the law in your state.
Your local hall of land-use records is where condominium declarations are filed and thus recorded: you can get a copy there. If you are interested in purchasing a unit in a condominium association, the real estate agent will be able to obtain a copy of the declaration, and copies of all other governing documents, from the association. You can expect to pay for all copies you request.
A declaration is necessary in order to sell units in a condominium project. The declaration is a land-use document filed in the local land-use hall of records. It also represents the 'constitution' for community governance, and to modify it usually requires a majority -- sometimes an uber majority of owners' votes in favour of any amendment. A condominium association without a declaration is lawless, by definition.
If you are developing a condominium project, you hire an association-savvy attorney who crafts the governing documents, based on state law that governs condominiums. When you purchase a condominium, by law you are entitled to copies of all your governing documents. (In Washington State, these documents are packaged in the Resale Certificate.) If you own a condominium, and your copies are lost, your association manager can provide you with copies, which you pay for. If you are interested in buying a condominium, again, you can purchase copies of the governing documents, most of which are public record.
When you buy a condominium, you automatically become a member of the association. You can 'get out of the declaration', and all the other governing documents, by selling your unit. Otherwise, you are legally obligated to honour the governing documents.
The recorded instrument that is sometimes called a Declaration of Condominium is the legal document that actually creates a condominium development under relevant state law. In Massachusetts it is called a Master Deed. A master deed submits the real property and the buildings to the statutory provisions that govern condominiums, divides a single property into individually owned units, includes restrictions and rules and regulations and provides for ownership of common areas.
A homestead declaration is a written statement, made under penalty of perjury, that claims a particular "dwelling" (for example, a house, condominium, boat, or similar property) as the owner's principal place of residence.