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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118111
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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The bundled buyer who is going to turn our condominium properties

Customer Question

The bundled buyer who is going to turn our condominium properties into an apartment complex with the purchase of 9 more units out of 56 is trying to pass a special assessment. I thought I read some where that a bundled buyer who takes control of a property cannot pass a special assessment unless a majority of non bundled owners voted in favor of the assessment. Can you inform?
Best. Tom
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.
A buyer cannot just change the rules by taking 9 units. The bylaws still apply and they still need to get the proper number of votes as specified in the bylaws. If the bylaws do not specify, then only the board can pass special assessments not an owner of even 10 units out of 56 under the FL condo laws. The FL law says the board can pass assessments and special assessments unless the bylaws provide a vote of the members is required. See: FS(###) ###-####
Customer: replied 1 year ago.
Sorry. You didnt understand. The bundled buyer took control of the board upon purchasing the majority units. So he or his people are the board I thought the afforded the remaining owners from the bundled buyer or his board passing a new special assessment. As we would be just improving his investment.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your clarification. I was not aware he controlled the board.
Controlling the board means that unless the bylaws say otherwise, the board can levy a special assessment. If the owners want to stop this, then the owners need to step up and propose a new bylaw change to prevent the board from passing special assessments without a vote of the owners.
Also, if the money is spent on personal units and not on common property, then this is a violation of your bylaws and the owners can sue the board to stop the expenditure on a personal unit and not common property.