Material Alteration of the Common Elements: Owners Don’t Always Have a Right of Approval

Section 718.112(2) of the Condominium Act provides as follows: “Except as otherwise provided in this Section, there shall be no material alteration or substantial addition to the common elements …except in the manner provided in the Declaration.” Most Declarations specify that a vote of the unit owners is necessary to approve such a change, and the number of votes needed, typically from 50% to 75 % of the total voting interests, is also usually specified. If the Declaration does not ...

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