“Importance of Condominium Surveys and Plot Plans” – News-Press
Q: I recently bought a condominium unit. While reviewing the documents, I noticed they include a survey and some diagrams, but they did not seem very detailed and were very blurry and hard to read. Are these important? I want to be sure my ownership rights are properly documented. (J.D., via e-mail)
A: Yes, the survey and site plans are among the most important aspects of your condominium documents but are often overlooked.
The declaration of condominium is a critical document that establishes the legal framework for ownership, use, and management of the property. One of the most important components of the declaration is the inclusion of a survey and plot plan.
Under Section 718.104 of the Florida Condominium Act, the declaration must contain a survey of the land that meets the minimum technical standards set by the Board of Professional Surveyors and Mappers. The declaration must also include a graphic description of the improvements where the units are located and a plot plan. These documents, together with the declaration, must provide sufficient detail to identify the common elements, each unit, their relative locations, and approximate dimensions. The survey and plot plan may take the form of building plans, floor plans, maps, surveys, or sketches.
Florida courts have emphasized the importance of clear and specific graphic documentation. For example, in a 2016 case decided by the First District Court of Appeal, the court addressed a dispute over the ownership of a front desk space in a condominium lobby. The declaration defined unit boundaries in three ways: by perimetrical boundaries (words); by square footage (numerically); and by diagram (pictorially). The declaration stated that the subject unit encompassed 396 square feet, but the diagram and the physical walled-off area only accounted for 75 square feet unless the front desk area was included.
The trial court initially awarded ownership of the front desk to the association, reasoning that the perimetrical boundary definition superseded the square footage allocation. However, the appeals court reversed, holding that the controlling description was the allocation of square footage, which could only be achieved if the front desk was included in the unit.
Similarly, a decision by the Second District Court of Appeal in 2024 involved a dispute over the precise location of a boundary line on the sixth floor of a building containing both a public parking garage and residential condominiums. The developer had recorded a declaration that included legal descriptions and a survey to delineate the boundaries between the parking garage and the condominium property. However, after several amendments to the declaration, an internal inconsistency arose between the definition of “condominium elevators” (which included the elevator and the space in which it operated as part of the residential condominium property) and the plat/survey (which suggested the elevator lobby was outside the condominium). The trial judge found, based on the paperwork alone, that the space was owned by the parking garage owner, and not the association. The judge ordered the removal of a gate and elevator lobby that the association had installed. However, the appeals court reversed and held that a full trial needed to be held to resolve the internal inconsistency in the recorded legal instruments.
Whenever I prepare a legal opinion for a client regarding the ownership of property or the allocation of maintenance responsibility between the association and the owners, I always look at the surveys, as they often hold the key to the correct answer, especially in interpreting unit boundaries and the delineation of limited common elements. I cannot tell you how many times I have found the surveys to be completely illegible or inadequate, particularly with older documents, and this invariably creates ambiguity and the potential for legal dispute. In such cases, I normally recommend that the association try to find and record legible surveys, which can sometimes (though not always) be found through alternate sources, including the original surveyor’s office, state filings, separate condominium plats occasionally recorded, building department records, or documents given to original unit purchasers.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.
