To Whom It May Concern:
. I have recently purchased 306 Meadow Lane and have been waiting for approval for my renovations since the end of June 2016. I spoke with our Elite Management manager, and advised her of my plans
. We pulled out the Rules and Regulation By-Laws and she informed me that I need to do the following:
1. Complete the ACC Application that she provided me.
2. Have the window company provided architectural
drawings from a Florida state licensed are architect
3. The windows need to meet state code and be bronze in color on the exterior
Ms. Fasulo stated that since my unit does not back up to another unit, but to conservation land, I was not required to get permission of my fellow building owners. I completed all the requirements and emailed them to Ms. Fasulo on July 12, 2016.
On July 19th, I received a voice mail message from Dave, a member of her staff, stating I now was required to get 75% of the owners in the building. I submitted that on July 26 and July 29; I had sent each owner via email or postal mail a copy of the documents I sent to Ms Fasulo and a copy of the by-law that I was quoted:
Item 5.1(c) Alteration and Improvement.
Except as elsewhere provided, neither a Unit Owner nor the Association
shall make any alteration in the portions of a Unit that are to be maintained by the Association, or remove any portion of them, or make any additions to them, or do anything that would jeopardize the safety or soundness of the Building, or impair any easement
, without first obtaining approval in writing of owners of all Units in which the work is to be done and the approval of the board of directors of the Association. If the alteration of or improvement to the Unit will change the appearance of any portion of the exterior of the Building, the change in appearance must be approved by the owners of 75% of the Units at a meeting of Unit Owners call for that purpose. A copy of plans for all of the proposed work, prepared by an architect licensed to practice in the State of Florida, shall be filed with the Association prior to the start of the work.
I then in turn forwarded all the original email responses from my community and scanned copy of one letter from the owner stating their approval. I didn’t receive a response, so I contacted my fellow board members and Wendy Fasulo to see when I could get the written approval to proceed with my project. Now they want 75% of 140 unit owners per an email conversation I had with Paul Duignam, board member. There are currently 14 units in our association that received board approval in the past; my current residence is one that was approved in 2003. Per state law, no one can have any windows installed in a condo without HOA
approval and all these owners were granted the approval upon providing the documents.
By removing the screens and installing the windows, it makes the unit safer, sound proof, stronger, maintenance
free, and has an exit in the rear of my unit to escape in the event of an emergency which the screens do not offer. No one has broken any laws in the past when the other units installed their windows, especially since an attorney was on the board. Since there are 14 other units that have been granted permission to remove the existing screens and install windows, a precedence has been set. All the other owners only had to get the state licensed drawings, fill out the application and present it to the board if they didn’t back up to another unit; ones that did only had to get permission from the owners that backed up to their building in addition to their building as stated in the by-laws “without first obtaining approval in writing of owners of all Units in which the work is to be done”(the work is being done in the 300 building of Meadow Lane only).
I only want to be treated like others in my community. All board members are to treat everyone equal and adhere to the rules; former board members followed the rules much more stringently than our current, but I only want to focus on my issue. Yes, I agree that we must start following the rules and regulations and all board members need to be advised on all issues. I personally know for a fact that some of the owners submitted to the board members in the past for windows being installed that replaced the screens. It was approved by the board through the provision that is outlined in Item 5.1(c) Alteration and Improvement. This is not breaking any law but is following the guidelines that the provision laid out. I would like to just have the same approval that what the other owners in years pass have done.
Based on all the facts above and the information provided, I believe this should afford what is needed to make a definitive decision in my favor as per our Rules and Regulations.
Am I correct legally or can a board deny me yet award others for like work?