“Format In Which Changes to Governing Documents Must be Shown” – News-Press
Q: My Condominium Association is considering amendments to our Condominium Documents and recently circulated drafts. The drafts show the changes in strike-through and underline format. The proposed amendments are to a number of provisions of the documents and the changes are shown in a strike-through and underline format that I find very hard to read. Certain members have asked if the changes can be simply shown in a clean format for ease of reading. The Board has said this is not permitted and that the changes must be shown in this format, is this correct? (G.H., via e-mail)
A: The Florida Condominium Act, Chapter 718, Florida Statutes, discusses how proposed amendments must be presented to the membership. Section 718.110(1)(b), Florida Statutes, provides, in part: “Proposals to amend existing provisions of the declaration shall contain the full text of the provision to be amended; new words shall be inserted in the text and underlined; and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but, instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: ‘Substantial rewording of declaration. See provision for present text.’”
Accordingly, when specific changes are being made to provisions of the Condominium Documents, it is typical that the amendments are presented in the strike-through and underline format contemplated by the statute. However, if significant changes are being made to the Condominium Documents such that showing the changes in strike-through and underline are not helpful, the changes can be presented in amended and restated format with a reference to the current language of the documents so that owners can determine the changes.
Often times, how to present the changes is somewhat of a practical question for the Association. Many owners prefer seeing the changes in the strike-through and underline format so that they are readily able to discern the differences. However, other times there is a desire to have the amendment shown in amended and restated format so that the end product of the amendment is “clean” and easier to read. Ultimately, this is a practical decision for the Association, depending on the scope of the amendments.
Homeowners’ associations governed by Chapter 720, the Florida Homeowners’ Association Act, Section 720.306(1)(e), of the Act contains similar language regarding how amendments should be presented. When an Association has questions as to how to present the proposed amendments to their Governing Documents, the Association should review the matter with their legal services provider.
Therefore, unless the Board of Directors of your condominium Association wishes to present the amendments in amended and restated format, they are correct that the changes must be shown in the strike-through and underline format.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.
