Constitutions, Laws, Rules & Regulations

The Del Rey Condominium Association and its members are governed and bound by laws at the Federal, State and local level. These laws, at a minimum, protect the basic rights of every citizen. Many, however, may become confused when reading these documents and may ask which document is more important.

All of the documents are important, however, there is a hierarchy, or order of importance, to all of the laws and document that govern the Association. The following is the hierarchy of Constitutions, Laws and documents:

Several of these documents are PDF documents. You will need Adobe PDF Reader installed on your computer in order to open and read this document.


The Law of the Land

The Constitution and Laws of the United States are the highest law of the land. No other law, be it local, statute or community rule can supersede the U.S. Constitution or U.S. Code.

Florida citizens have specific rights afforded to them under the U.S. Constitution and the Bill of Rights. The Association must understand and remember these rights when dealing with issues concerning owners, residents, visitors and anyone else that may be contacted on Association property. These rights include, but are not limited to, freedom of religion, freedom of speech, right to counsel and a right against unlawfuls searches and seizures.


State of Florida

The Constitution and Statutes of the State of Florida are the highest laws in the state and are only superceded by the U.S. Constitution and federal law. If there is ever a conflict or question between at state statute and an Association rule, the state statute always wins.

  • Constitution of the State of Florida

    Florida citizens have specific rights afforded to them under the Constitution of the State of Florida. The Association must understand and remember these rights when dealing with issues concerning owners, residents, visitors and anyone else that may be contacted on Association property. These rights include, but are not limited to, the right to be treated equaly, freedom of speech and press, right to assemble, right to bear arms and a right against unlawfuls searches and seizures. Many of these rights are also found in the U.S. Constitution.

  • Chapter 718, Florida Statutes - Condominiums

    Chapter 718 is the known as the Condominium Act and is the principle Statute governing Condominiums and Condominium Associations. However, Associations are also corporations; in the case of Del Rey, the Association is a Not For Profit Corporation. Therefore, any issues that are not covered in Chapter 718 from a corporation perspective, are covered in other Statutes.

  • Chapter 607, Florida Statutes - Corporations Not For Profit

    Topics that are not covered in Chapter 718 (the Condominium Act) but are related to the Association may be found in Chapter 607. For example, Chapter 607 specifically speaks to how money is to be spent in the Association. Not For Profit Corporations have restrictions on how money can be spent. This topic is not covered in Chapter 718 or Chapter 617. When there is a conflict between the Statutes, the opinion of the Association attorney or the courts must be sought.

  • Chapter 617, Florida Statutes - Corporations.

    Topics that are not covered in Chapter 718 (the Condominium Act) but are related to the Association may be found in Chapter 617. For example, Chapter 617 may address the officers that are required in a corporation; such as President, Secretary and Treasurer. These topics may not be covered in Chapter 718 or Chapter 607. When there is a conflict between the Statutes, the opinion of the Association attorney or the courts must be sought.


Local Laws

Del Rey Condominiums is located within the incorporated city limits of Orlando and is also within Orange County. Therefore, all of the City of Orlando and County ordinances apply to the property.

For example, if construction is to occur on the property, City of Orlando code requires that a building permit be obtained.

Another example: If a resident would like to run a business out of their condominium unit, City of Orlando code and Orange County ordinance both require that a business permit be obtained from both the City and the County.

Note that, in both cases, the owners of the units would also need to contact the Del Rey Condominium Association for review and approval of both the construction and running a business out of the home.


Del Rey Association Constitution and Rules

The condominium declaration, covenants and bylaws are often referred to as the "Association Constitution". After all higher laws have been applied, the Association's Constitution are the principle governing documents of the Association. Together with the Rules and Regulations, these documents typically address most of the needs and concerns of the Association and its members. The governing documents are legal and binding only after a copy of the documents has been filed in the public records of Orange County, Florida.

As with local, state and federal laws, the Association's governing documents also contain a hierarchy. The documents appear below in order of precedence.