What is a “material alteration” at a condominium association?
“[T]he term ‘material alteration or addition’ means to palpably or perceptively vary or change the form, shape, elements or specifications of a building from its original design or plan, or existing condition, in such a manner as to appreciably affect or influence its function, use, or appearance.” See Sterling Village Condominium, Inc. v. Breitenbach, 251 So.2d 685, 688 (Fla. 4th DCA 1971).
Section 718.113(2)(a) of the Florida Condominium Act states that material alterations to a condominium’s common elements or association property require approval from the Association (owners):
The “Association” consists of all condominium owners within the building. As owners, we each hold a percentage of ownership in all common elements at 720 Collins. Our governing documents outline these “common elements” as follows:
“Common property, as the term is used herein, shall mean and comprise all of the real property, improvements, and facilities of the condominium other than the private dwellings, including easements for conduits, pipes, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to private dwellings and common property, and all personal property held and maintained for the joint use and enjoyment of all unit owners.”
In other words, “common elements” is everything at 720 Collins that is not part of another unit, including:
- The roof, exterior walls, and foundation.
- Hallways, lobbies, stairwells, and elevators.
- Utilities, such as pipes, wiring, and HVAC systems that serve the whole building.
- Recreational areas like pools, gyms, or shared courtyards.
- Shared equipment like fire alarms or laundry facilities.
At 720 Collins, the Board cannot alter any “common elements” within the building without at least 75% of unit owners voting in favor during a properly notified meeting. While the Board can repair, maintain, and enhance these common elements, any conversion, removal, or modification of their intended function and design requires such a meeting and subsequent vote.
Some of the actions by this Board that were performed without a proper vote include:
- Conversion of the Association office and meeting room in to a gym
- Forced replacement of existing windows to storm rated models
- The partitioning, renting and selling of the maintenace rooms on the third and fourth floors
- Forced replacement of front door locks with standardized electronic devices and the surreptitious collection of metal keys included with these locks
The present Board has consistently and increasingly ignored these rules and regulations. As outlined in our governing documents and Florida law, this violation impedes our rights as building owners to determine how our funds are utilized and the direction of the 720 Collins community.