Condominium Common Element With Bright Red Highlights In Miami-Dade
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The answer is yes, it is lawful to do this. Nothing disallows the Association to do this under F.S. 718, which is Florida's statutory law for inium associations. You can see it here.
Maintenance, repair, and replacement of a limited common element is usually the responsibility of the association except to the extent the declaration shifts that duty to the unit owner.
Section 718.112(2)(c) of the Florida inium Act provides that notice of all board meetings must specifically identify agenda items, and must be posted conspicuously on the inium property at least 48 continuous hours before the meeting, except in an emergency.
The Act defines a inium as “that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements.” As the shares are undivided, the separate ...
Since HOA meeting requirements, as stipulated in most governing documents, only allow members whose names appear on the title, that typically means spouses, tenants, and attorneys of members can't attend.
718.102 Purposes. —The purpose of this chapter is: (1) To give statutory recognition to the inium form of ownership of real property. (2) To establish procedures for the creation, sale, and operation of iniums.
A common element is defined as all portions of the property except the units. Examples of common elements include fitness centers, elevators, lobbies, walkways, lighting in common hallways, garbage collection areas, swimming pools, landscaping, club houses, and more.
17D-3. - Community associations required to register. The name of the community association, which shall include the name registered with the Florida Division of Corporations in addition to any fictitious names that the community association utilizes.
It does not apply to associations. However, Florida's housing statutes have their own “sunshine laws.” These statutes are Chapter 718 of the Florida Statutes for iniums, Chapter 719 for cooperatives, and Chapter 720 for homeowners' associations.
The state law, passed in 2022, requires associations to have sufficient reserves to cover major repairs.
