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A: The Florida Condominium Act does not specifically address whether the association or the individual unit owners are responsible to maintain, repair, and replace windows. Section 718.113(1) of the Act states that the association is responsible to maintain the common elements.
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.
Condo board or property manager Speak to a member of your condo board or property management company about your concerns. See if you can reach a mutually agreeable resolution to the issue. Write a letter to your condo board.Consider your dispute resolution options.
The term 'condominium' or 'condo' is used in North America and some other English speaking areas such as Australia, to refer to a building in which individual units are separately owned, but common areas are owned jointly.
A corporation can remove a board member by ordinary resolution and appoint another person in that member's place for the remainder of the term. Check your registered bylaws for further guidance or restrictions. For example, some bylaws will allow condo board members to be re-elected and serve consecutive terms.
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.
The corporation and individual board members can be sued in Court for engaging in improper conduct. This project was made possible through a grant from the Alberta Real Estate Foundation. Board members must exercise care, diligence and skill that a reasonable person would do in similar circumstances.
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.
When repairs are needed to a Florida condominium, there are two potential parties responsible for paying for the work: the owner of the individual condo unit or the condominium association. In deciding who pays the bill between the owner and the association, Florida law controls.