There are many condominium communities in Florida that contain different sized units. One area of contention that surfaces between unit owners, is how assessments are allocated between different sized units. Allocation of assessments are set forth in the declaration of condominium.
According to current Florida law, condominium units can share the expenses equally, or based on the square footage of each unit. When a community with different sized units has an original declaration stating that all units will share equally in the common expenses, issues can arise. Many times owners of smaller units take the position that they should pay a lower percentage of assessments, and they want to change the declaration regarding assessment allocation. Different from the traditional amendment to a condominium declaration, the only way to change how assessments are allocated is for the Association to abide by Florida Statutes 718.110.
Florida Statute 718.110(4), states that unless otherwise allowed in the original declaration of condominium, the record owners of all units and all record owners of liens on the units must approve any change to the assessment allocation. Most condominium declarations do not provide for a different method to change assessment allocation, therefore in most cases all unit owners need to approve any changes to assessment allocation. Florida condominium associations and condominium unit owners should consult an attorney before taking any action to change assessment allocation.
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You may be interested in seeing some of our other legal posts on Florida Associations. For your convenience, Please see links below.