The Board independently chose to repurpose the maintenance supply storage areas on the third and fourth floors without seeking approval from unit owners. This action prompts significant concerns regarding adherence to the governing documents and Florida condominium law.
What the Governing Documents Say About Storage Areas
- Common Elements Include Storage Areas:
- According to the Declaration of Condominium, the maintenance supply storage area is classified as part of the common elements: “Common elements shall mean all portions of the condominium property not included within the units, including… storage areas, utility rooms, and other facilities serving the condominium property collectively”
- As a common element, any change to its use or purpose requires adherence to the approval processes outlined in Florida law and the governing documents.
- Material Alteration Rules Apply:
- 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 is silent on the specific percentage required for material alterations, meaning the statutory 75% default applies.
Why the Storage Area Conversion Violates Governing Documents and Harms Owners
Violation of Governing Documents
The conversion of the storage area constitutes a material alteration of a common element, requiring approval from 75% of unit owners under Florida law and governing documents. No such vote occurred. Additionally, the Board failed to communicate intent, costs, or purpose, acting unilaterally and exceeding its authority while sidelining owners’ rights.
Negative Impacts
- Reduced Maintenance Efficiency: The storage area housed essential supplies for building upkeep. Without it, maintenance may face delays, impacting service quality.
- Increased Costs: Off-site or rented storage could burden owners with additional expenses.
- Loss of Critical Space: The repurposing diminishes the association’s ability to manage property effectively.
- Safety Risks: Improper storage of hazardous materials raises risks of accidents, violations, and liability.
- Insurance Concerns: Unapproved changes may void coverage, exposing the association to liability for potential damages or theft.
Owners deserve transparency and involvement in decisions affecting shared property. This action undermines those principles, putting the community at risk.