The decision does not provide additional guidance to determine in future cases whether bylaws requiring
unit owner consent to pursue litigation are also against public policy.
Not exact matches
The allocation in the declaration can not be changed unless the
owners of at least 90 % of the
units consent in writing to amend declaration.
Under the Declaration, the
unit owner was to obtain the
consent of the Board prior to making any changes to the common elements.
This is a process that requires 80 %
consent of the
unit owners.
SB 1520 amends 718.117, Florida Statutes, regarding the optional termination of condominiums, making it more difficult for a Plan of Termination to be passed without full
consent of the
unit owners.
Amending the condominium declaration to include a prohibition on pets would be more difficult, as this would require the written
consent of the
owners of 80 % of the
units.
(ii) under the terms of the mortgage, the mortgagee has the right to vote at a meeting of
owners in the place of the
unit owner or to
consent in writing in the place of the
unit owner,
(4) The
owner of a
unit in a leasehold condominium corporation may, without the
consent of the lessor, transfer, mortgage, lease or otherwise deal with the leasehold interest in the
unit.
However, the board refused to
consent to the changes unless the
unit owner provided a parking booth with a full - time attendant or hired a full - time security guard to patrol the commercial parking area.
Furthermore, the
owner proposed various changes that would significantly lower the security risk, but the board did not «give the appropriate weight» to these alternative measures; • The board's refusal to
consent to the changes unless the
owner hired a full - time security guard unfairly disregarded the interests of the
unit owner under section 135 of the Act.
«Typically in the worst cases, a new
owner will take transfer of a
unit and two or three days later start a major makeover — without the trustees»
consent.
If the
owner encloses his balcony without
consent, he is contravening the Act and he can be compelled to restore the
unit to its original state at his own expense.
The individual condo
unit owners legally were responsible for paying the assessment even though they did not
consent or approve of the rock revetment.
Makes condominium
unit owners and cooperative shareholders
consenting to receive association emails responsible for removing or bypassing filters blocking receipt of mass e-mails sent by an association.