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Legal Considerations in Association Landscaping Decisions
It is often said that beauty is in the eye of the beholder, and nowhere is this more evident than in the realm of community landscaping. Among the many benefits of residing within a community association is the expectation of consistently maintained and harmonious landscaping throughout the property. But, when does a change in common area/element landscaping become a material alteration requiring a vote of the membership?
As a general rule for a Florida condominium association, pursuant to §718.113 Fla. Stat., material alterations or substantial additions to condominium common elements require approval by 75 percent of total voting interests unless the declaration of condominium dictates a different procedure. But, as applied to a Florida homeowners’ association, the outcome is diametrically opposed because material alteration decisions are left to the board unless otherwise required by the governing documents.
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