Condominiums and common elements

On Behalf of | Apr 13, 2022 | condominium law | 0 comments

Whether you are thinking about buying a condo or you have already owned a condo for many years, it is crucial to understand your rights as well as your obligations with respect to condominium laws. For example, you should review how Florida law addresses common elements in condos.

From maintenance to alterations and hurricane protection, it is important for condo owners as well as homeowner’s associations to go over many different issues that relate to common elements.

Alterations and other issues regarding condo common elements

The Florida Legislature states that in common elements, substantial additions and material alterations are not permitted without approval in accordance with the declaration. If the declaration does not address procedures related to approving alterations, a vote involving affected condos must reach 75% approval before additions or alterations can take place. Additionally, unit owners cannot do things in their unit or the common elements that negatively impact the soundness or safety of the common elements.

A condo board can put hurricane shutters in place and take other hurricane protection measures. Additionally, unit owners have the right to display flags in some instances, as well as religious objects on their doors, so long as they abide by certain guidelines.

Common elements maintenance in a condo complex

The Florida Legislature states that associations are responsible for the maintenance of the common elements of condominiums. In some instances, those entitled to use limited common elements are responsible for maintaining the limited elements or sharing maintenance expenses for the limited spaces.

It is essential to have a clear understanding of your rights and review relevant laws if a dispute surfaces.