Changing Allocation Of Assessments
There are many condominium communities in Florida that contain different sized units. For example, a building may contain units that have both 3 bedrooms, 2 bedrooms, and 1 bedroom. 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. Specifically, such actions can leas to a class action lawsuit, under Florida Rules of Civil Procedure, 1.221.
The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your condominium association and homeowners association needs. We are a boutique real estate firm that caters to our clients with a hands-on approach. Call us at 561.699.0399 or set-up an appointment to come visit us at our Lantana, Florida office location.
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