There is an exception in the law. If an alteration is considered”necessary care” to the condominium property, the proprietor vote is not required. Cost and convenience savings are not sufficient standards that are legal to help altering the typical elements without a unit owner vote depending on the upkeep exception . On the other hand, changes required to obey the legislation are permitted under the upkeep exception that was essential. Use of alternative materials presents a close question. Broadly speaking, decisions in this circumstance ought to be based on either a legal opinion, in addition to inputs from a credible source (as an instance, an engineer) the change is”required” as that expression is employed in law.
Past variants may be considered at floridacondohoalawblog.com.
Under the test set out in Sterling Village, substituting an combo deck with a concrete deck would seem to be a material modification and may or may not be subject to owner acceptance dependent on the terminology on your announcement. By way of example, many declarations allow a board to devote a specific sum of money on material alterations.
A declaration of covenants does not need to be made in a specific manner, but usually creates Home subject to the law. The statutory evaluations to ascertain whether a community and its institution are governed by Chapter 720 are whether the association is accountable for the operation of a neighborhood where the voting membership is made up of the parcel owners or their agents, or a mixture thereof, where enrollment in the association is a mandatory condition of ownership and in which the association is authorized to impose evaluations and document a claim of lien against the parcel if the assessments go unpaid.
Condos and communities governed by homeowners’ associations take many forms, so that you cannot tell just by looking at the property. By way of example, some condos are freestanding buildings (average single family dwelling ) in which the components are actually plots of property or even the footprint of the building. Alternately, some homeowners’ associations govern townhouse or villa-style dwellings in which there are numerous dwellings contained in each construction that”seem like” condominiums.
Q: The community includes both single-family houses and townhouses. An issue has arisen as to whether the regulations that govern condominium associations or homeowners’ associations employ. Can you clarify this for us? (B.K., via email )
A: The answer would be based on the speech of the governing documents for the institution. Condominiums are regulated by Chapter 718 of the Florida Statutes, known as the Florida Condominium Act. In order for the property it would need to have been established pursuant to a statement of condo.
Q: Recently, our condominium board discussed substituting our swimming pool deck. Our swimming pool deck is made up of composite decking material. The board would like to put in a cement deck. Does not this require a vote of our device owners? (K.M., through email )
At Sterling Village, the court stated that in case the change”palpably or perceptively vary or modify the form, shape, elements or specifications of a building in the original design or plan or existing state in such a fashion as to greatly affect or affect its own purposes, use or look,” such a change was a material adjustment.
A: Maybe. The Florida Condominium Act states that there shall be substantial additions or no material alteration to the common elements except in the manner given in the statement. In case the declaration is silent, then material alterations or improvements have to be approved by a vote of the complete voting interest of the institution.