What is a material change in a condo?

Material alterations or additions have been defined by Florida courts as those which palpably or perceptibly vary or change the form, shape, elements, or specifications of a building in such a manner as to appreciably affect or influence its function, use, or appearance.

Can a condo board change common areas without a majority?

Per your scenario, the amendment was duly passed by the correct percentage of unit owners. Section 718.113 (2) (a) of Florida’s Condominium Act allows the unit owners to delegate to the board to make such decisions, which, in your community’s case, the unit owners placed a dollar limitation on the board.

How to change the common elements of a condominium in Florida?

Regarding material alterations to the common elements of condominiums in Florida, section 718.113(2), Florida Statutes, provides that unless a different procedure is provided for in the Declaration of Condominium, then a vote of 75 percent of all owners is required in order to alter the use, function or appearance of the common elements.

What does Section 97 of the condo Act do?

Section 97 of the Condo Act deals with changes to common elements made by the corporation (as opposed to changes to common elements proposed by owners, which are dealt under section 98).

Can a condo owner delegate to a condo board?

Section 718.113 (2) (a) of Florida’s Condominium Act allows the unit owners to delegate to the board to make such decisions, which, in your community’s case, the unit owners placed a dollar limitation on the board.

Is it a limited common element in a condominium?

Most condominium unit owners may think that limited common elements are those areas outside the condominium unit that are part of the common elements, but which are used only by a specific unit owner.