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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116139
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Our condo has statement in its bylaws that each condo is

Customer Question

Our condo has statement in its bylaws that each condo is charged a different charge for the hoa. Now they are doing a rehab and charging each condo a different percentage of the assement even though all the condos are the same size. I.e. Our unit $35,155.00 And the unit next to $32,390.00the one below us $34,365.
They say it's in the bylaw which I am sure it is. Is there any way to break the bylaw short of having 100% vote, there are 130 units.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under FL HOA Act, the bylaws govern these associations. So if the bylaws have a different rate of payment for each building, the only way around this is to change the bylaws. You would have to review the bylaws to see how many votes you need to change a bylaw, most are not 100%, they are usually anywhere from 51%-75%, depending on the association. So you do not typically need 100% of the votes, but you would need enough votes in accordance to what the bylaws say you need. That is the only way to get around the bylaw.