Material Alterations in Florida Condominiums: When is a Membership Vote Required
Under Florida condominium law, a “material alteration” generally refers to a noticeable change to the appearance, structure, or function of the common elements of a condominium property. Examples may include changing the exterior color of buildings, modifying lobbies or amenities, altering landscaping in a significant way, or reconfiguring common areas. Routine maintenance, repairs, or replacements with substantially similar materials/design may be excluded from the definition of “material alteration” but it is best to review these distinctions with legal counsel on a case-by-case basis. This distinction matters because material alterations may require a higher level of owner approval and, if handled incorrectly, may expose your association to a viable legal challenge.
Florida Statute § 718.113 governs material alterations and substantial additions to condominium common elements. Unless the condominium’s declaration provides otherwise, the statute requires approval by at least 75% of the total voting interests of the association before such changes may be made. Disputes often arise when boards proceed with projects they believe are maintenance, but owners view as material alterations requiring a vote. Understanding how the statute is applied, and how governing documents may modify the statutory standard, is essential for boards seeking to improve the property while remaining in compliance with Florida law.
Consult with your legal counsel before making alterations to the common elements if you have any questions or concerns.
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