FL Statute 718.110(4)
The FL Statute 781.110 (4) reads as follows:
(4) " Unless otherwise provided in the declaration as originally recorded, no amendment may change the configuration or size of any unit in any material fashion, materially alter or modify the appurtenances to the unit, or change the proportion or percentage by which the unit owner shares the common expenses of the condominium and owns the common surplus of the condominium UNLESS THE RECORD OWNER OF THE UNIT and all record owners of liens on the unit JOIN IN the execution of the amendment and UNLESS ALL the record owners of all other units in the same condominium approve the amendment. "
The Condo docs for a condo I own reads identically to the above with them exception of the term "UNLESS ALL" was changed to UNLESS A MAJORITY" everything else is the same ,, including the part that says "UNLESS THE RECORD OWNER OF THE UNIT " joins in as well . Can someone interpret this to me ? What excatly does "join in " mean . I have brought this to an attorney and he verbally told me that I (me ) would have to "join in" in agreement with any proposed changes ( I suppose because I am a person who will be effected by this particular proposed change ) before said changes would be allowed to be made but our condo docs also say the "majority " must agree ,, where as the Statue states "all" must agree .. I am questioning my attorneys interpretation ( he specializes in condo law and has for years ) as to if in fact unless I am in agreement myself ,, they cannot make their changes. I am no attorney , but as I read it ,, it seems the majority rules here and I am not sure why the unit owner of record is even mentioned as to having to "join in " in order for it to pass ? Can anyone shed some light on this most complicated question .. very much obliged ..
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Not an attorney, but the way I read it is that the owner and all leinholders, and a majority of all record owners of other units, must join in.
So if it affects a single unit, the owner and a majority, but if it affects all units all owners.
Chris
Thanks ypochris ,, thats where my confusion lies. what they want to do is change the way of assessing the units from a equal portion ,, like it is now ,, everyone has 1/110 share of ownership and expenses for a HOA dues of $400.00 a month for all .
A few units are 1000 sq ft ,, alot are 500 sq ft and most are 700 sq ft. if the proposed amendment of the conversion to the square footage way of calculating assesssments is passed,, everyones HOA will have to change in some way . I hope you are correct ,, as I said ,, my attorney reviewed it and showed me the part which reads very similar to the statute itself and assured me that I would have to go along ( join in ) with the amendment before it could happen ,, ( I am one of the owners of the 1000 sq ft unit . What I am puzzled by is what possible scenario could exist which would not affect everyone ? When I bought there one of the reasons was on account of the lower HOA dues ,, and now certain individuals ( the owners of the smaller units , want to change it . ) thanks for your input ,, it is greatly appreciated as I am frustrated over not being able to just read and understand it myself without having to be an attorney ,, I mean ,, it looks like plain English ,, why so hard to understand thou ?
+HaHa ,, I am a bit dumbfounded over that one.