A “material alteration or addition” is one that “palpably or perceptively var[ies] or change[s] the form, shape, elements, or specifications of a building in such a manner as to appreciably affect or influence its function, use, or appearance.” Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685, 687 (Fla. […]
Category: Florida Condo & HOA Law Blog
Most community association governing documents as well as applicable corporate statutes grant the board the right to appoint and remove officers. This is important when an officer proves to be prone to bad/rude behavior. The board likely has the right to vote to remove this individual as an officer (president, […]
Premises Liability for Failure to Enforce
There are two recent cases of which community association boards should be particularly aware of. Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the […]
No Time Limit to Record Amendments
Q: After the unit owners in a condominium association vote to approve an amendment, is there a time limit or deadline by which the amendment must be recorded with the county? (M.A. via e-mail) A: Chapter 718 of the Florida Statutes, known as the Florida Condominium Act, extensively regulates amendments […]
Q: The board of my homeowners’ association wants to hire a management company. They say it is too much work. We are a small development with very little common property, and we have always been self-managed. A number of us feel that if the board is going to saddle us […]