Florida law: Material alterations to condominiums

On Behalf of | Dec 30, 2021 | Condominiums And Cooperatives |

Disputes between unit owners and their homeowners’ association can be difficult to resolve. They often involve issues like commons charges or material alterations being made to a building. The Florida Condominium Act governs formation, management and operation of condominium associations throughout the state. It specifies what is meant by “material alterations” in a condominium complex. 

What does the law say about changing floor tiles? 

Under Florida law, material alterations may not be made to a comment element in a condominium association structure unless it is contained in the original declaration. Failing that, the alterations require the approval of at least 75% of the voting members. In most cases, it would mean that a vote must be held before a change was made to floor tiles in a main lobby, for instance. There are certain exceptions to the regulations, such as when the change is prompted by maintenance necessity. This could include things like making repairs after a flood or hurricane damage.  

If a declaration is made or is amended in an original record 

If the original contract between unit owners and a homeowners’ association specifies that certain alterations or procedures may take place without a vote, then the procedures specified would already be considered “approved.” The Florida Condominium Act also states that a unit owner may not implement any alterations to his or her private unit or to the common element that adversely affects the safety of the condominium property that is maintained by the HOA. Disputes sometimes arise when unit owners and HOA officials disagree about how to interpret the codes that govern material alterations.  

Litigation may be necessary to resolve a specific issue 

If a Florida condominium unit owner or group of owners becomes entangled in a dispute with HOA officials, they may wish to seek additional support to try to find a fair solution to their problem. An attorney who is well-versed in condominium laws is a great asset to have on hand, especially if a particular case is headed to court. Such an attorney can help clients explore all options and make recommendations as to which option has the greatest chance of producing a fair and agreeable outcome.  


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