What Is a Condominium Declaration?
The Foundational Governing Document · What It Contains · How It Binds Owners
A condominium declaration is the foundational recorded document that legally creates the condominium. Filed in the public records, it describes the physical configuration (units and common elements), allocates ownership fractions, establishes assessment obligations, creates the condominium association, and grants the association its governance authority. All current and future owners are bound by the declaration as a real covenant running with the land. Amending the declaration typically requires a supermajority of owner approval.
Written & Reviewed By
Jonathan M. Rhodes
Attorney at Law — The Rhodes Law Firm
Practice Areas: Condominium Law — Governing Documents · Last Updated:
Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana
What a Condominium Declaration Typically Contains
Description of the Condominium
Legal description of the land, building, units, and common elements.
Unit Descriptions & Boundaries
Physical boundaries of each unit — typically from the interior surface of walls, floors, and ceilings.
Common Elements & Limited Common Elements
Designation of what is common to all owners and what is reserved for specific units.
Ownership Fractions / Percentage Interests
Each owner's undivided share of the common elements — typically based on unit size.
Assessment Obligations
The formula for calculating assessments and each owner's share of common expenses.
Association Authority
Powers and duties of the board — maintenance, enforcement, collection, contracting.
Restrictions on Use
Permitted and prohibited uses of units and common elements.
Amendment Procedures
Required vote threshold and procedures to amend the declaration.
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