JerryS10 (Florida)
Posts: 5
Posts: 5
Posted:
It is my understanding that a material alteration to a common element or limited common element is not by definition the same thing as a change of use to a common element or limited element.
It is also my understanding that regardless of the cost of of either of the above the right to do so had to approved by a vote of the membership; it was a separate matter to approve the cost.
I raise these points because my Condominium Association [CA] is seeking approval to "have the ability to approve a material alteration costing $10,000 or less."
This has raised disagreement as to whether an approval would give the association to:
a) proceed with the material alteration upto $10,000 WITHOUT owners voting approval of the material alteration
OR
b) any proposed material alteration requires a owners voting approval; 1) upon owners approval, CA can proceed without an owners voting approval of the financial cost if under $10,000
2) upon owners approval CA has to obtain owners voting approval if financial cost exceeds $10,000.
AND
c) approval would also apply to change of use whereas CA can proceed with the change of use upto $10,000 WITHOUT owners voting approval of the change of use.
To site a hypothetical example.
There is a service drive [used for owners, guests, tradesmen to make deliveries] that the CA wishes to discontinue its use. They put this proposed action before the Board of Directors as a material alteration and state that projects cost would be less than $10,000. They follow required BOD procedures and obtain the required majority vote. Upon receipt of vote they begin work stating both financial AND material alteration approvals were received.
Whats say this forum???
Thank you
Jerry
It is also my understanding that regardless of the cost of of either of the above the right to do so had to approved by a vote of the membership; it was a separate matter to approve the cost.
I raise these points because my Condominium Association [CA] is seeking approval to "have the ability to approve a material alteration costing $10,000 or less."
This has raised disagreement as to whether an approval would give the association to:
a) proceed with the material alteration upto $10,000 WITHOUT owners voting approval of the material alteration
OR
b) any proposed material alteration requires a owners voting approval; 1) upon owners approval, CA can proceed without an owners voting approval of the financial cost if under $10,000
2) upon owners approval CA has to obtain owners voting approval if financial cost exceeds $10,000.
AND
c) approval would also apply to change of use whereas CA can proceed with the change of use upto $10,000 WITHOUT owners voting approval of the change of use.
To site a hypothetical example.
There is a service drive [used for owners, guests, tradesmen to make deliveries] that the CA wishes to discontinue its use. They put this proposed action before the Board of Directors as a material alteration and state that projects cost would be less than $10,000. They follow required BOD procedures and obtain the required majority vote. Upon receipt of vote they begin work stating both financial AND material alteration approvals were received.
Whats say this forum???
Thank you
Jerry