Legal Question in Real Estate Law in Florida

ALTERATION OF THE COMMON ELEMENTS BY CONDO BOARD
Per Florida Statutes 718.113(2)(a) � �Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. � �
Our declaration of condominium document states that substantial alterations by the association (not including repair and replacements) may only be made after obtaining approval of the majority voting interests of the our association.
Without membership approval, our board planted a long line (over $2400) of highly toxic Oleanders between our property and a neighboring church. There were never any plantings in this area prior. This area is where many walk their pets; young children from the church and our property have access to them.
What do you recommend?

Asked on 12/13/10, 1:03 am

Richard Kaplan

0 users found helpful

0 attorneys agreed

Landscaping is not considered a substantial alteration, but instead normal maintenance permitted by a Board.

I do not see you have any case.

Answered on 12/18/10, 3:52 am

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