It can be actual ambagious for owners in condominium, homeowners and accommodating communities to apperceive what acreage belongs to them — and to the association. That’s abnormally accurate back it comes to aggravating to amount out back you can acrylic your property, what blush you can use and whether the affiliation has a say it in it.
Here is a catechism from a Sun Sentinel clairvoyant and the answers that accouterment these accompanying issues with the advice of the law close Eisinger, Brown, Lewis, Frankel & Chaiet.
Can my affiliation change the blush of a townhouse or address whenever it wants? Do lath associates accept to acquaint the owners? Back is it that I own the townhouse that I’m advantageous for? — James
The exoteric blush of a abode is about appropriate to abide the aforementioned back repainting. Changes in adumbration may be acceptable, for archetype from a basal white to an off-white, provided that they are not a “material alteration” of the association’s accepted elements.
The appellation “material about-face or addition” has been authentic in Florida case law as to “palpably or perceptively vary” or change the form, shape, elements or blueprint of a architecture from its aboriginal design, plan or absolute condition. Translation: Changing from white to dejected would be a actual alteration. Determining whether a change in adumbration is a actual about-face is about absitively on a case-by-case basis.
In general, a actual about-face to a abode building, including a change in exoteric color, charge be accustomed by 75 percent of the association’s members, unless administering abstracts specify a altered process. HOA declarations of covenants and added appear guidelines and standards may accommodate restrictions on what exoteric colors are adequate aural the community, and alone those colors may be used. But Florida statutes anticipate an HOA from attached colors in the absence of appear guidelines and standards.
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