Florida ststue 718.113(1) and 718.111 | SoWal Forum - South Walton Florida
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emphasis

Beach Crab
Oct 1, 2013
1
0
Florida ststue 718.113(1) states Maintenance of the common elements is the responsibility of the association: elsewhere is also includes repair and replacement.


In another statute, 718.111 it states The board of administration of any condominium association registered in the State of Florida has the fiduciary responsibility to the owners


Now that that is out of the way, let's present the situation.


There are two tennis courts that have lights for night playing. It has been determined that the provided lighting is insufficient for night playing. It does not meet the level of lumens as set forth by lighting professionals. The Board has acknowledged this and has set aside funds for the correction but has for many years refused to act.


They, association board, claim that there are very few players who use the court and that this was verified by a recent owner's survey. They also claim that a 75% vote would be required to 'change' the common amenity.


What position is correct?


1. In this matter the board and its members have the fiduciary responsibility to maintain, repair and replace this [tennis court lighting] common element. And based on facts presented no owner's vote is required.


2. The board is correct in not taking action and their interpretation that a vote is required.




Your comments are most appreciated
 

seagrovegirl

Beach Fanatic
Feb 9, 2008
3,885
454
Historic Old Point Washington
Board of Administration....would that be the Community Association Manager? The CAM has a fiduciary responsibility to the owners and is directed by the board.

Many associations are in the same boat because of economics and in your case, the tennis courts are not a priority at this time. Have you talked with your directors of the board? It may be time for them to reevaluate the lighting and I bet your association will be having an annual meeting soon. It would be a good time to bring up the topic. Good luck and hopefully things will work out for you.
 

Mello Yolo

Beach Comber
Jul 31, 2012
45
20
Emphasis--obviously, you are making a "stealthy slam" against some local community and/or HOA. Details? Come forward and share the dirt...... Are you planning a student march on the administration building??
 
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