J.M. from Lee County, Florida writes:
Dear Mister Condo,
We are a condominium having 16 units with ten boat slips. There are several boaters that want to put in a floating slip and a vertical free-standing lift. The owners are against this since it restricts the view of the first floor but the majority of the board says they can. What can members/owners do to stop lifts from being installed.
Mister Condo replies:
J.M., regardless of what any owners and/or the Board say they can do, altering a common element in a condo association means following the rules as outlined in your association’s governance documents. It may take a simple majority to approve. With sixteen units, that requires 9 voting in favor. Sounds like the first-floor folks will definitely vote against it so my guess is the motion would not be too likely to pass. You may even need a super majority or complete agreement amongst owners to alter the common elements. Bottom line is you need to read your governing documents and fight for your rights. If they build it without the proper vote, you can always sue them to have it removed. Read your documents, know your rights, and fight the good fight. All the best!