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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 31406
Experience:  30 years of real estate practice experience.
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The Board of Directors in my condo association in Dunedin,

Customer Question

The Board of Directors in my condo association in Dunedin, Fl try to change the color of our building without having a legal owners meeting. Can they do so as long as our Bylaws, section 23,2c say: Alterations to common elements will require approval of 75% of those members voting in person or by proxy at a membership meeting, provided that a majority of the membership must participate in the voting in order for a valid meeting to be held.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
Just to clarify, they are going to repaint?
Thank you.
Loren
Customer: replied 1 year ago.
Yes they will re-paint the building in another color the existing yellow
Expert:  Loren replied 1 year ago.
Thank you for the clarification.The bylaw provision you cite applies to permanent structural alterations to the building. Painting is a cosmetic change and would not require the approval of the membership unless specifically provided otherwise in the bylaws.
Expert:  Loren replied 1 year ago.
Did you have further questions? Have I answered your question?
Thank you.
Loren
Customer: replied 1 year ago.
Did this amendment in our Declaration of Condominium change your answer;Section 2. Common elements and limited common elements.
(a) By Association: The maintenance and operation of the common
elements and listed common elements shall be the responsibility and
the expense of the Association.
(b) By the Unit Owner: Notwithstanding the prior paragraph each unit
owner shall be responsible for the day to day maintenance of his
balcony and entrance alcove, such as sweeping. (c) Alteration and Improvement:
After the completion of the initial improvements included in the common and limited common elements which are contemplated by this Declaration, there shall be no alteration or further improvement of common or limited common elements without prior approval. The Board of Directors may approve of certain standard alterations to the common elements, including screen doors, patio doors, patio enclosures and window installations, in accordance with criteria and specifications to be adopted from time to time. Any non-conforming improvements or alterations which currently exist may be repaired, but may not be replaced without being approved by the Board and/or the membership in accordance with the standards which exist at the time of replacement. Alterations to the common elements will require approval of seventy-five percent (75%) of those members voting in person or by proxy at a membership meeting, provided that a majority of the membership must participate in the voting in order for a valid meeting to be held.
Expert:  Loren replied 1 year ago.
Thank you for the additional information.No, painting is not a structural alteration or further improvement. Painting is not typically something requiring membership approval.
Expert:  Loren replied 1 year ago.
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