The Board’s decision to transform the association meeting room and office into an exercise gym brings up major concerns regarding adherence to our governing documents and Florida law.
The meeting room and office space, which are part of the common elements, have been transformed into an exercise gym without a vote or approval from the majority of owners. The Board took this action unilaterally, sparking significant concerns about their authority to make such a decision without consulting the owners.
What the Governing Documents Say
- Definition of Common Elements: The meeting room and office are part of the common elements, as defined in the Declaration of Condominium:”Common property” or “common elements” shall mean and comprise all of the real property, improvements, and facilities of the condominium other than the private dwellings…【112†source】.As a shared resource, any change to the purpose or use of a common element requires specific approval processes.
- Material Alterations: Florida law and our governing documents prohibit material alterations to common elements without owner approval:
- Florida Statutes 718.113(2)(a):“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 of condominium. If the declaration is silent, then 75 percent of the total voting interests must approve the alteration.”
- The Declaration of Condominium for Collins Towers does not provide the Board with unilateral authority to materially alter common elements.
- Voting Requirements for Material Alterations: Any material alteration, such as converting the meeting room into a gym, requires approval by at least 75% of the unit owners unless the governing documents specify a different threshold, which they do not【112†source】 .
Why the Board’s Action Violates Governing Documents and Harms the Community
Violation of Governing Documents
- The conversion of a common element into a gym is a material alteration requiring a 75% owner vote. No vote or notification occurred, and the Board acted unilaterally, exceeding its authority in violation of governing documents and Florida law.
Negative Impacts
- Loss of Meeting and Record Access: The meeting room’s removal forces owners to travel off-site for meetings, creating inconvenience and accessibility issues. Additionally, relocating the association’s records and archives makes it significantly harder for owners to inspect essential documents.
- Financial Consequences: The costs of renovations, exercise equipment—including giant televisions—and increased liability and insurance expenses were likely not properly budgeted or approved, imposing unnecessary financial burdens on owners.
- Dangerous Precedent: Allowing such unauthorized changes sets a precedent for future unilateral alterations to common elements without owner input.
- Erosion of Trust: The lack of transparency and owner involvement has caused frustration and division, potentially leading to disputes and legal challenges.
This decision disrupts the community, costs money outside of the budget leading to assessments, undermines accountability, and violates both owners’ rights and governing principles.