Palm Beach Florida Application to Condominium Association to make Alterations and/or Modifications to Condominium Unit and Indemnification Agreement

State:
Multi-State
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Palm Beach
Control #:
US-02275BG
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Application to Condominium Association to make Alterations and/or Modifications to Condominium Unit and Indemnification Agreement
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FAQ

The condominium association can require the unit owner to evict the tenant; if the unit owner fails or refuses, the condominium association may be able to take separate legal action against the owner and levy stiff fines.

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.

The Commonwealth of Massachusetts does not have any jurisdiction or regulatory oversight over Condominiums. Condominiums are privately owned, managed and governed through the terms set forth in the Master Condominium Documents, deed and by-laws and Chapter 183A of the Mass. General Laws.

Under Florida law, condo associations must maintain reserves for repairs or replacement costing more than $10,000, such as swimming pools, roofs and balconies. But the law gives the owners an out: Funding for the accounts can be waived by a majority vote of owners, the law says.

Massachusetts has detailed rules related to the establishing of a condominium and the responsibilities of all parties involved, including the board, the owners of individual units, and their tenants.

Legal Definition of material alteration : an alteration made to an instrument that adds or deletes any provision or changes the rights and obligations of any party under it.

Bylaws can be enforced by the condominium association through formal proceedings (or by a unit owner through a MRCP 23.1 derivative action) such as in court.

Material alterations or additions have been defined by Florida courts as those which palpably or perceptibly vary or change the form, shape, elements, or specifications of a building in such a manner as to appreciably affect or influence its function, use, or appearance.

In general, your condo association should pay for water damage to the condominium's common elements as long as it was caused by an insurable event. The association's responsibility includes damaged ceilings and drywall, as well as damaged wiring behind the walls.

Determine What Constitutes Your Master Deed.Discuss What is to be Amended at One or More Board Meetings.Appoint a Committee to Drill Down on the Details.Determine the Requirements for Approving the Amendment.Contact Counsel for Analysis and Drafting of Amendment Documents.Keep the Unit Owners Informed.

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Palm Beach Florida Application to Condominium Association to make Alterations and/or Modifications to Condominium Unit and Indemnification Agreement