Final answer:
The master deed is primarily used to create a condominium by establishing its existence and describing individual units and common areas, while the declaration of condominiums provides detailed rules, regulations, and bylaws of the condo association. The master deed outlines ownership and legal framework, and the declaration dictate operations, rights, and obligations within the condominium complex.
Step-by-step explanation:
The main difference between a master deed and a declaration of condominiums (often simply referred to as a declaration) lies in their purpose and content.
A master deed is a document used primarily in some states to create a condominium development. It establishes the existence of the condo and typically includes descriptions of the common areas and individual units, ownership divisions, and the rights of unit owners. This document is recorded with the local government and provides the legal framework for the condominium's structure and governance.
A declaration of condominiums, on the other hand, is more of a governing document that provides detailed information about the rules and regulations of the condo, including the bylaws, covenants, conditions, and restrictions (CC&Rs). It outlines how the condo association will operate and the rights and obligations of the unit owners. The declaration is also filed with the appropriate governmental entity and is binding on all owners and occupants of the condo complex.
In essence, the master deed can be seen as the document that creates the condo, while the declaration sets out how it is run. Depending on the state, these terms can sometimes be used interchangeably, but they serve different purposes within the condo establishment process and governance.