💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JosephC17 (Florida)
Posts: 8
Posted:
Often the question comes who has the authority over certain matters or situations between the board and the owners.
I am looking to compose a list of normal authority disregarding the convenets or charter, regs..by laws.assuming they are silent to any of the cases..just pertaining to statutory authority.

some examples

1) privavy bushes that were planted over 10 years ago that were not causing any danger or harm to the buildings or residents, approx. 3 ft high
(board or member approval to remove?)

2) install community wide camera security system with cost of $60,000...is this a material alteration...(board or member approval)

3) change new buyer financing requirements for purchase from previously being silent in the convenents to now requiring a 20% down payment in order to purchase a condo property with financing. (board or member approval)

these are just a few...i would like to complile more to have it available for all condo owners in the state of florida.

SheliaH (Indiana)
Posts: 6,964
Posted:
You can start with reading your own documents. They might also define terms like material alteration. You could try Google AI to give you some ideas, but remember you have to do the work and read. HOAs don't have to operate by the exact set of rules, there will be differences due to age, size, whether its a high rise or detached single family home, etc. In fact, I believe Florida has a set of rules specifically for condos.

Now, one definition of material alteration is "altering a building's structural elements, utility systems or exterior that can affect its use, function or appearance." After reading your own documents, you may have to have a chat with your own attorney if there's something you don't understand. State law is helpful, but some statutes Defer to the documents, especially if the documents have stronger language than state law. There's also local law to consider and one county's rules may be different than another's.

And then there are board resolutions that are passed to address certain issues that aren't clear or addressed at all in the documents or state law. Ideally, the board polls the community to get a handle on various issues, drafts proposed rules, asks for comments from the community, consults with the attorney to ensure the rules don't override the documents and then votes to approve them via a board resolution. There should be an effective date and I like to see a period where people in violation get a chance to fix it before the new rule kicks in.

Not everything in HOA land is addressed in a statute or documents - there should be be room for common sense. People, priorities and tastes also change and so what worked even 5 years ago might have had unintentional consequences and so adjustments are appropriate.

Back to compiling a list- check your state legislature website. It should have a database of current state law, so this is already done on the state level. If you're looking for specifics for every HOA or condo community, you mightvhave to hire someone (or several) to do the research for you. Ditto for state and local law. Toss all of this in a set of links and let people do their own work. Or check if there's a state chapter of the community association institute and see what they have.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By JosephC17 on 11/30/2025 5:08 AM
Often the question comes who has the authority over certain matters or situations between the board and the owners.
I am looking to compose a list of normal authority disregarding the convenets or charter, regs..by laws.assuming they are silent to any of the cases..just pertaining to statutory authority.

some examples

1) privavy bushes that were planted over 10 years ago that were not causing any danger or harm to the buildings or residents, approx. 3 ft high
(board or member approval to remove?)

2) install community wide camera security system with cost of $60,000...is this a material alteration...(board or member approval)

3) change new buyer financing requirements for purchase from previously being silent in the convenents to now requiring a 20% down payment in order to purchase a condo property with financing. (board or member approval)
Are you asking what Florida statutes say about who has the authority over these matters?
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By JosephC17 on 11/30/2025 5:08 AM
Often the question comes who has the authority over certain matters or situations between the board and the owners.
I am looking to compose a list of normal authority disregarding the convenets or charter, regs..by laws.assuming they are silent to any of the cases..just pertaining to statutory authority.

some examples

1) privavy bushes that were planted over 10 years ago that were not causing any danger or harm to the buildings or residents, approx. 3 ft high
(board or member approval to remove?)

2) install community wide camera security system with cost of $60,000...is this a material alteration...(board or member approval)

3) change new buyer financing requirements for purchase from previously being silent in the convenents to now requiring a 20% down payment in order to purchase a condo property with financing. (board or member approval)

these are just a few...i would like to complile more to have it available for all condo owners in the state of florida.


Why do you want or expect the State to regulate condo matters that will pertain to all condos in the state?

I don’t believe Florida, at least not yet, really cares about bushes. You ask about a $60,000 expenditure for cameras, depending son the association this amount might be chump change. I suspect a board requiring a 20% down payment is basically announcing they are considered "non-warrantable” and one can’t get a mortgage without 20% down.

LoriM15 (Florida)
Posts: 1,009
Posted:
I know a lot about FS 720 and a lot less about FS 718. However, I would say this:

1. The board absolutely has the right to do anything they want with the bushes. That falls under the business judgement rule in almost every condo declaration. If the board hasn't got the authority over landscaping, then what's the point?

2. I think the security camera system MIGHT be considered a material alteration. Is there a limit in your documents on how much the board can spend (X amount or percentage of the budget?) Is $60k over that threshold? There isn't a blanket rule on this in FS 718. I would suspect different attorneys might have different opinions. Did the board get competitive bids for the system? Did they get a vote of the membership for this expense (I'm guessing no). I could see that it would once again be covered by the business judgement rule - but I can see it argued both ways.

3. I think the change in the covenants definitely requires a vote of the membership. Did they amend the covenants and have a vote of approval? If not, that's probably the only one of these I would pursue as an absolute violation - depending on certain language in the covenants.

You could pursue a lawsuit on these and hire an attorney at your own expense.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here