Lawful Issues – David G. Muller, Esq.
Q: The new board at my condominium eliminated the carpet in the clubhouse and experienced luxurious vinyl flooring installed in its put. Weren’t they needed to get proprietor approval prior to making this style of alter? D.M.
A: Maybe. Replacing carpet with vinyl flooring in the clubhouse will be thought of a content alteration. The Florida Condominium Act necessitates 75% device proprietor approval for content alterations unless the governing documents condition usually. Assuming your condominium association’s governing files have to have unit operator approval for content alterations of this kind, the new board was most likely not permitted to make this flooring alter devoid of to start with looking for and acquiring unit owner acceptance. I use the term “likely” right here mainly because any materials alteration investigation is extremely dependent on the specified points, as there are several “exceptions” which could come into engage in.
Q: The board of my condominium association lifted the standard assessments for this new yr by twenty % and did not check with the homeowners for acceptance. I believed the condominium act necessary a board to get device owner approval if the new funds was 15% larger than the earlier budget? T.G.
A: There is a provision in the Florida Condominium Act which addresses finances will increase higher than a sure share, but the language is various than your recollection. The statute states that if a board adopts an once-a-year spending budget which demands assessments against device proprietors which exceed 115 p.c of assessments for the previous fiscal 12 months, the board shall carry out a special conference of the unit owners to take into consideration a substitute budget if the board receives (within just 21 times immediately after adoption of the annual price range) a written ask for for a distinctive meeting from at minimum 10 % of all voting interests. The specific meeting shall be carried out inside of 60 times just after adoption of the yearly spending budget. The statute goes on to state that at the very least 14 times prior to this kind of specific meeting, the board shall hand supply to just about every unit owner, or mail to each and every device proprietor at the address final furnished to the association, a observe of the assembly.
Unit proprietors could look at and adopt a substitute spending budget at the particular meeting. A substitute funds is adopted if permitted by a majority of all voting pursuits unless the bylaws need adoption by a better proportion of voting interests. If there is not a quorum at the unique assembly or a substitute finances is not adopted, the once-a-year finances beforehand adopted by the board shall choose influence as scheduled.
As you can see, these procedural actions are rather onerous. As these types of, it has been my experience that this procedural treatment is rarely used.
David G. Muller is a Board-Licensed Attorney in Condominium and Prepared Advancement Regulation with Becker & Poliakoff, P.A. in Naples. Send out questions to Legal professional Muller by e-mail to [email protected]