Several factors must be considered when considering changes to condominium property, whether unit
or common area changes.
An alteration to any part of the condominium property (common, limited common or unit), may require a Town
of Jupiter building permit. According to Florida Building Code (FBC) 105.1, permits are required for work exceeding
$500 as follows:
Any owner or authorized agent who intends to construct, enlarge, alter,
repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any required impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation
of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official
and obtain the required permit.
Florida Business Code Section 105.2 lists work that is exempt from a permit.
A copy of FBC Sections 105.1 and 105.2 can be downloaded from the following link:
FL Building Code Section 105
Changes within the Condominium Association must be approved by a percentage of owners as
- 75% -- To amend the Declaration of Condominium
- 80% -- To amend the Association's
- 80% -- To materially alter the Association's Common Elements
- Majority of Board Members
-- To amend the Rules
The hierarchy of documents is as follows: Declaration --> ByLaws --> Rules.
This means that Rules and ByLaws must be consistent with the Declaration.
Changes to the Common Elements are known as Material Alterations (requiring 80% owner approval),
and changes to an Individual Unit may or may not require Board approval, depending on the type of change.
Material Alteration is defined as any change or addition that
significantly alters the make up or appearance of the Condominium. This includes, but is not limited to, the addition
or removal of sidewalks, spas, waterfalls, lake water fountains, building lattice, tennis courts, bocce ball courts, horseshoe
courts, et cetera, as well as changing the paint color of a building. Condominium owners purchased their units
based on the current condition of the community, and they are protected against any major physical change affecting
their lifestyle, surroundings or maintenance fees. Further information on Common Area Alterations is provided below.
Unit Alterations are changes to that part of the condominium property
which is subject to private ownership. According to Jupiter Bay's Condominium documents and Florida statutes, individual
condominium units can be altered by the unit owner as long as the change does not impact: the common elements, limited common
elements, structure and safety of the unit, or the condominium unit's neighbors. The Unit Alteration Approval
Form is used for obtaining Board approval for changes and improvements to individual condominium units. This form
was not designed for minor interior unit changes not requiring a town permit. See the Unit Alterations
Unit Repairs are changes to restore a unit or common area to
its original (as-built) or prior condition. Repair responsibilities are covered in the "Insurance" webpage. Repairs
do not generally require Unit Authorization Approval.
a list of possible condominium unit alterations. Type A and B alterations require association review/approval. Type
C and D don't require approvals but are included for reference.
Type A – Alterations Requiring Town Permit & Association Approval
- Replacing air conditioner (air handler and/or
condenser). Replacing lines between air hander and condenser.
- Replacing hot water heater
or installing tankless water heater. (Tankless heater requires analysis/approval of the sufficiency of the unit’s electrical
panel and power by a licensed electrician.)
the unit’s electrical panel or adding/relocating electrical wiring or fixtures. (No electrical or other fixtures may
be installed on the exterior (common) walls of the condo.
- Adding or relocating plumbing lines (water, sprinkler, sewer or drain) or fire sprinklers.
- Replacing windows or patio sliding glass doors. (Replacement
windows must be tinted gray with stainless steel rollers. Replacement windows without hurricane shutter protection must contain
patio and window hurricane shutters. All shutters must comply with code requirements including withstanding sustained winds
of 180 mph. All patio shutters must be installed inside the unit’s screen/frame and they must be white, except for East
patio shutters which must be bronze/black. All window shutters (East & West) must be white. Per FL Statute 718.113(5)(d),
a board may not refuse to approve the installation or replacement of code-compliant hurricane protection.
- Adding or changing the configuration of kitchen or bath cabinets.
- Moving, reconfiguring or constructing interior walls.
– Alterations Requiring Association Approval but no Town Permit
- Installing/replacing condo screen doors (doors must conform to Association approved styles).
- Replacing patio screens. (Color must be bronze/black.)
- Installing/replacing patio floor covering (must have epoxy water proofing, and carpeting is not allowed).
- Installing/replacing great room or bedroom floors with hard surface products –
wood, tile or vinyl. (Units above the first floor must have sound-proof underlayment.)
- Patching of drywall or making other repairs that are generally the Association’s responsibility.
- Repainting of patio/balcony. (Patio floors may be painted any color desired; however,
patio walls and ceiling must be white or generally conform to the exterior color of the building.)
- Changing front door locks (Association must be provided with keys or codes) or adding anything to the
front door. (Per FL Statute 718.113(6), An association may not refuse the request of a unit owner for the attachment on the
unit owner’s door of a religious object not to exceed 3 inches wide, 6 inches high, and 1.5 inches deep.”)
Type C – Owner Renovations Not Requiring Permits or Board Approval
- Painting or wall-papering interior walls. Painting ceilings, interior
doors, door casings, baseboard, crown/trim molding.
existing hard surface floors in kitchen, bathrooms and halls.
bathroom wall tiles, bathtubs, shower trim kits, water valves, shower heads, shower doors and toilets.
- Replacing kitchen cabinet doors, bathroom vanities, countertops, sinks, and faucets,
with no change in cabinet configuration.
- Replacing kitchen appliances,
clothes washers and dryers and garbage disposals.
popcorn ceilings with either flat or knock down ceilings.
interior doors, casing, baseboard, and window/door sills.
crown molding, chair rails or handrails.
- Replacing wall switches/plugs,
GFI plugs, ceiling fans, smoke alarms, A/C thermostats and circuit breakers.
- Replacing heater element(s) in hot water heater or air conditioner.
- Installing security systems (motion sensors, intrusion detectors, water leak sensors, alarms and cameras) and
other wireless hubs and devices. Security systems must be able to be remotely monitored and deactivated.
- Installing/replacing window coverings. (Curtains, blinds, plantation shutters and
other window coverings must be white or lined or “under draped” in white.)
– Prohibited Alterations:
- Per paragraph
6.1(c) of the Declaration, unit owners are prohibited from enclosing patios with awnings, glass windows or glass doors.
- Per FL Statute
718.113(3), a unit owner shall not do anything within his or her unit or on the common elements which would adversely affect
the safety or soundness of the common elements or any portion of the association property or condominium property which is
to be maintained by the association.
Common Area Alterations
The following paragraphs clarify what is meant by Material Alteration of the Common Elements
of the Association:
| Declaration of Condominium
- The Declaration's purpose is to define:
- What the Association is,
- How it can be used,
- How it can be changed,
- How it is sustained/funded, and
it can be dissolved.
The Jupiter Bay developer's (and the Declaration's) intent is to ensure that Jupiter Bay
is preserved, maintained and improved so as to make it a stable and desirable place to live and invest. One of the key
provisions to accomplish this is to clearly define procedures to be followed in changing common elements. Jupiter
Bay's Declaration does this, and the following sections will show specific change requirements and restrictions.
Maintenance: Paragraph 6.2 (a) says that "maintenance and operation of the common elements shall be
the responsibility of the Association". This clearly grants the Association the authority to mow the lawn, repair the
parking lots, paint the buildings, maintain the landscaping, etc. This is entirely separate from the Association's authority
to make changes to common elements - i.e., mowing the lawn does not deviate from the developer's design and plan for Jupiter
Alteration and improvement: Paragraph 6.2 (b) says that "After the completion of the improvements included
in the common elements of this condominium contemplated by this Declaration, there shall be no alteration nor further improvement
of the real property constituting said common elements except in the manner and on the conditions set forth in Paragraph
6.1 (c) of this Declaration of Condominium." In other words the developer is saying that after their job is finished
and "improvements are completed", the Association is restricted from making changes.
Impact on Rights of Owners: Paragraph 6.2 (b) goes on to say that "Any such alteration or improvement
shall not interfere with the rights of any owner without their consent". Furthermore it says that "The cost
of such work shall not be assessed upon the unit owner's [financial sponsor] unless the owner shall approve the alteration
or improvement." This language most clearly requires owner participation and approval in changes to common areas. It
belies the idea that a single vote of board members can sanction common area changes.
|Conditions for Changing Common Elements:
Paragraph 6.2 (b) says that common elements can only be altered
and improved after the conditions set forth in Paragraph 6.1 (c) are met. Paragraph 6.1 (c) defines these conditions as follows:
"Any change, alteration, addition or deletion ... may be made only after obtaining in writing the following approvals
in the following order:
- Not less than eighty percent (80%) of the Directors of the Condominium Association at a meeting
called for that purpose: and
- Not less than eighty percent (80%) of the owners of all of the condominium units governed
by the Association at a meeting called for that purpose; ..."
Sole Reliance on Board Member Approval: By requiring 80% owner approval for common element changes, the developer
was protecting owners from changes that a prejudiced board may contemplate. With the difficulty that most Associations have
getting owners to serve on the Board of Directors, nearly all candidates get elected. With Jupiter Bay's five-member board
(as defined in paragraph 4.1 of the by-laws), any three candidates with a common agenda, could make any common area changes
that they want as long as they're within the annual budgeting restrictions (15% growth). At our $1.8 million budget, this
means that the BOD could authorize a $270,000 change to common elements without any owner input or concurrence (vote). This
is certainly not what the developer had in mind, and it would of course be absurd for the Condominium Documents to allow this
(which they don't).
Owner Impact: The Declaration is very clear on concerns related to "owner impact". Changes to common
areas impact all owners and can change the culture/environment of the association. By making changes this significant and
possibly this costly (up to $270,000) without 80% owner approval, the BOD would be acting irresponsibly. Remember that the
budget just requires BOD, and not owner, approval.
Literal Interpretation: The alteration and improvement restrictions of Paragraphs 6.1 and 6.2 are to
be taken literally. Other sections of Jupiter Bay's Declaration of Condominium have been interpreted literally by courts.
In fact the Paragraph 10.1 which says "Leasing or renting of a condominium unit by a Unit Owner is permitted" has
been interpreted as: Jupiter Bay cannot impose rental restrictions, perform renter background checks or charge a transfer
fee. All that the courts allow is for us to know who's in our units and what vehicles are parked in our lots.
Historical Precedent: The Jupiter Bay Condominium Association has always interpreted our Declaration of Condominium
as requiring an 80% vote for common element changes. We used this requirement in determining whether we have a lake water
fountain, an association clubhouse, or other common features/items. Many/most owners are aware of this requirement and would
take issue with the BOD's independent action. This could result in community unrest, owner infighting and possibly lawsuits.
|Florida Condominium Statute:
FL Statute 718.113 (2) (b) says that: "There shall not be any material
alteration of, or substantial addition to, the common elements of any condominium operated by a multi-condominium association
unless approved in the manner provided in the declaration of the affected condominium or condominiums as originally recorded
or as amended under the procedures provided therein. If a declaration as originally recorded or as amended under the
procedures provided therein does not specify a procedure for approving such an alteration or addition, the approval of 75
percent of the total voting interests of each affected condominium is required. This subsection does not prohibit a
provision in any declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures
provided therein requiring the approval of unit owners in any condominium operated by the same association or requiring board
approval before a material alteration or substantial addition to the common elements is permitted."
This 75% default
value for owner approval of common area changes shows that it's typical for condominium documents to require such approval.
Obviously the developer(s) of Jupiter Bay were even more intent in keeping the common areas as originally established in that
they set the approval value at 80%.
Conclusion: All owners or prospective owners are provided information about Jupiter Bay and have
access to Jupiter Bay's Condominium Documents. The documents assure them that "what they see is what they get" and
that Jupiter Bay won't change appreciably without their input. This assurance is essential in protecting current and future
1. Unit owners have exclusive possession and use of their condominium units, and they
own a proportional (undivided) share of the common elements.
2. According to FL
Statute 718.111(11)(g)1., "A unit owner may undertake reconstruction work on portions of the unit with the prior written
consent of the board of administration. However, such work may be conditioned upon the approval of the repair methods,
the qualifications of the proposed contractor, or the contract that is used for that purpose. A unit owner must obtain all
required governmental permits and approvals before commencing reconstruction."
3. In general, owners can do whatever they want within their unit as long as:
- It's legal - They are complying
with the law. (e.g., building codes).
- It doesn't interfere with the rights of other owners.
- It does not compromise
the integrity or safety of the unit.
4. Unit Alteration Approval usually requires a building permit. At
Jupiter Bay, approval is needed for:
- Changes to the adjacent common elements (windows, screen doors, hurricane
- Changes to limited common elements - Patios (Screening, colors, floor covering, glass enclosures)
alteration of Unit (moving of walls, hard surface flooring, moving water/sprinkler lines, etc.)
- Like kind replacement
does not constitute alteration (similar to common element alteration).
5. Per Paragraph 2.9 of Jupiter
Bay's Declaration: Condominium Parcel means a unit together with the undivided share in the common
elements which is appurtenant to the unit.
(a) Each condominium parcel is deemed a separate parcel
of real property, the ownership of which is in fee simple.
(b) There shall pass with
each unit as appurtenances thereto:
- An undivided share in the common elements.
- The exclusive right to use
such portion of the common elements as provided by this Declaration.
- An exclusive easement for the use of the air
space occupied by a unit as it exists at any particular time and as a unit may be lawfully altered or reconstructed from time
to time, which easement shall be terminated automatically in any air space which is vacated from time to time.
undivided share in the common surplus.
- Such other appurtenances as may be provided herein.
owner of a unit is entitled to the exclusive possession of such unit. The owner shall be entitled to use the common elements
in accordance with the purposes for which they are intended, but no such use shall hinder or encroach upon the lawful rights
of owners of other units.