Lee-Anne Bosch, partner/shareholder Goede, DeBoest & Cross, PLLC, special to the Naples Daily News
Q: I read your article about tennis courts being converted to pickleball courts requiring a 75 percent vote. That did not happen at my homeowners’ association (HOA). What is the law on this please? R.D., Naples
A: The community association law column that you refer to states in pertinent part, “unless your condominium documents provide for another method for the approval of material alterations, 75 percent of the total voting interests is needed.” This is pursuant to Section 718.113(2)(a) of the Florida Condominium Act, which states the following:
Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018.
In my opinion, converting a tennis court into a pickleball court constitutes a material alteration of the common elements.
Read lawyer Lee-Ann Bosch’s opinion on naplesnews.com and get answers to questions about HOA Zoom meetings, and HOA requirements to produce copies of minutes of meetings as requested.