Must owners approve new flooring in clubhouse? – Naples Daily News

Legal Matters – David G. Muller, Esq.  |  Special to Naples Daily NewsQ:  The new board at my condominium removed the carpet in the clubhouse and had luxury vinyl flooring installed in its place.  Weren’t they required to get owner approval before making this type of change? D.M.A: Maybe.  Replacing carpet with vinyl flooring in the clubhouse will be considered a material alteration.  The Florida Condominium Act requires 75% unit owner approval for material alterations unless the governing documents state otherwise.  Assuming your condominium association’s governing documents require unit owner approval for material alterations of this type, the new board was likely not permitted to make this flooring change without first seeking and obtaining unit owner approval.  I use the term “likely” here because any material alteration analysis is very dependent on the given facts, as there are several “exceptions” which could come into play. Q:  The board of my condominium association raised the regular assessments for this new year by twenty percent and didn’t ask the owners for approval.  I thought the condominium act required a board to get unit owner approval if the new budget was 15% higher than the previous budget? T.G.A: There is a provision in the…
Read More