Common element alterations are where board authority meets unit owner approval rights. The board can maintain and repair common elements, but changing them requires unit owner consent.
The 75% rule
Under F.S. 718.113(2), material alterations or substantial additions to common elements require approval by 75% of the total voting interests, unless the declaration provides for a different percentage.
"Material alteration" is not defined in the statute but has been interpreted by Florida courts to mean a change that palpably or perceptibly varies or changes the form, shape, elements, or specifications of a building from its original design or plan, or existing condition, in a manner that is visible and obvious.
What is NOT a material alteration
Routine maintenance, repairs, and replacements of existing elements in like kind and quality are not material alterations. Replacing a roof with the same type of roof is maintenance. Replacing a flat roof with a pitched roof is a material alteration.
Painting in the same color is maintenance. Changing the building color is a material alteration.
Hurricane shutters exception
Under F.S. 718.113(5), the board cannot prohibit a unit owner from installing hurricane shutters or impact-resistant glass on their unit, as long as the installation conforms to the applicable building code. The board may adopt reasonable rules governing the types, styles, and installation methods.
Before starting any project
Before undertaking any project that changes the appearance or function of a common element, the board should determine whether it constitutes a material alteration. If it does, the project requires 75% approval (or the percentage in the declaration) before the board can proceed.
Before undertaking any project that changes the appearance or function of a common element, the board should determine whether it constitutes a material alteration. If it does, the project requires 75% approval (or the percentage in the declaration) before the board can proceed.
Reference summary only. Florida condominium law interacts with your specific declaration, bylaws, and rules. A licensed attorney can advise on how these provisions apply to your association.