Material Alteration to Common Elements Information
Material alterations include: structural changes (modifying walls, roofs, or foundations of common elements), additions or removals (adding a pool, removing a tennis court, or enclosing a common area), changes in function (converting a recreation room to a business center, or a clubhouse to rental units), and aesthetic changes (repainting in a significantly different color scheme, changing landscaping substantially). Routine maintenance does not require owner approval: repainting in the same color, replacing equipment with comparable items, and routine repairs. The distinction matters because: material alterations require the vote specified in the declaration (typically 75% of the voting interests), while routine maintenance can be performed by the board without a vote.
Florida Legal Definition
Material alterations in Florida condominiums are governed by: Florida Statutes §718.113(2). Under §718.113(2): there shall be no material alteration of, or substantial addition to, the common elements or association property except in a manner provided in the declaration (the declaration specifies the vote required; if the declaration is silent, §718.113(2) requires approval by 75% of the total voting interests). Under Florida case law: whether a change is a 'material alteration' is a factual determination (courts consider: the extent of the change, the cost, the impact on the character and appearance of the community, and the effect on the unit owners' use and enjoyment).
How It's Used in Practice
Attorneys advise associations and unit owners on material alteration issues. For associations, the attorney: evaluates whether the proposed change is a material alteration (applying the case law factors), obtains the required owner approval (the vote specified in the declaration or the statutory 75% default), documents the approval (meeting minutes, proxy votes, and owner ballots), and defends the decision against challenges. For unit owners, the attorney: challenges unauthorized material alterations (arguing the board acted without the required owner vote), and opposes proposed alterations (organizing opposition and ensuring proper voting procedures). The attorney advises: the material alteration question is one of the most frequently litigated issues in condominium law; boards should always obtain a legal opinion before proceeding.
Key Takeaways
- Material alteration: significant change to common elements.
- Requires owner vote per declaration (default: 75% under §718.113(2)).
- Routine maintenance: board may authorize without owner vote.
- Case law factors: extent, cost, impact on character and use.
- Get legal opinion before proceeding with any significant change.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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