Condominium and homeowner associations are NOT allowed to make material alterations to the common area without approval from at least 75% of the owners. Unfortunately, “material alteration” is NOT defined in Florida Statues 718 and 720. A very simplified definition – from someone who is not a lawyer – might be:
A modification, addition or removal to the common elements that significantly changes its appearance, use or function.
Wow, is that vague. Which is why the courts have had to rule on what is and what is not a material alteration through the years.
Here is another article which offers some more examples and clarification on this term.
This is an ongoing series where we will explain the meaning of an unusual or interesting word; words or phrase that is relevant in community association management. Hence the name – What is that Word Wednesdays!
Legal disclaimer – I am not an attorney. This should not be considered legal advice.
by Dan Tiernan, COO, Campbell Property Management