am2bulletin: Material Changes

Material changes

Florida statutes 718.113(2) regarding material change (The rest of the statutes can be found on http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.113.html)

(2)(a) Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018.

What does it means:

Material alteration or substantial addition means to “palpably or perceptively vary or change the form, shape, elements, or specifications…from its original design or plan, or existing condition, in such a manner as to appreciably affect or influence its function, use, or appearance.”

Any of those kinds of changes will need 75% approval of the condominium owners.

Below is a list of few of the material changes that were done by the board, without any approval from the owners:

Inside lobby door entrance to valet room which became a maintenance room, was removed and changed to a wall
Addition of video cameras (and more are coming)
Changes to AMO bylaws (changing the number of board members from 3 to 5 and reducing AM2 voting power from 66% to 60%)
Changing the kids game room to a bistro