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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7218
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Certain owners are pushing the board to allow the installation

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Certain owners are pushing the board to allow the installation of storage lockers as limited common elements on common areas. The number could be anywhere between 1 and 16 under each building depending on the owners decision. My understanding is that the board has to maintain an uniform appearance of all limited common elements. The acceptance of this proposal would destroy the appearance of our beach property. Please help!
Hello and thank you for your question. Can you tell me what your bylaws state with regard to the requirements for a uniform appearance of limited common areas?
Customer: replied 4 years ago.

Nothing in particular about limited common areas. I believe it is in "Use Restrictions": Uniformity of Appearance. All condominium units should be and remain of like exterior design, shape, color and appearance as other condominium units of the same class or type provided, however, that alterations made be made after prior written approval and so on .......

That is standard language for the units. I was wondering if there was any language with regard to the common areas and limited common areas.
Customer: replied 4 years ago.

Definition of limited common element in our document:"Limited common elements shall include property reserved for the use of a certain unit to the exclusion of other units as reflected on the condominium plat or in this declaration. Whenever a portion of the condominium property naturally and exclusively services a particular unit and where the area in question lies outside of the boundaries of the unit, the delegation of maintenance responsibility for the area (e.g. air conditioning compressors) shall serve to define the area as a limited common element.

The language does not address the appearance.

That being said, I can understand your concern.

Depending on the design of the lockers it may look tacky. I checked the statutes and there is nothing that mandates the appearance of common areas or limited common areas in the law. The law leaves the appearance in the hands of the Association.

The Board does have the duty to properly maintain the common areas and should not do anything that could cause the value of the properties to decrease.

If the color or design is in conflict with the surrounding area and you feel that this could lower the units value you can file a suit to enjoin the board from installing the lockers.

If their are other homeowners that agree with your position you can join forces to stop the board. Do you have an appeal or petition process?

Customer: replied 4 years ago.

Those lockers will be made of plywood and distort the view between buildings and to the beach. How can I prove that this irregular installation (1 to perhaps 16) will look like sore thumbs and will decrease the value of my property? Right now I can't find anything re. appeal or petition.

Do you have a proposed design concept that you can use to show others in the HOA of eye sore and view obstruction?
Customer: replied 4 years ago.

Yes, and I will start to inform my neighbors about this ill-conceived proposal. This is a condominium association in Florida, not a HOA.

I understand that it is a condominium association.

The best thing to do is to start a petiton. If you can get enourgh members on board that will make the board think twice. The other option is taking action on your by filing an injunction.

Please let me know if you have any additional questions for me with regard to this matter. I will be going off line for dinner and check back in to see if you have any further questions for me.
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