Board Synergy Club
Property & Safety • Permits & Alterations

Material alterations

Before changing shared property, understand what is being changed, who has authority to approve it, and which decisions must come before construction.

Understand approvalsProperty & Safety

What is a material alteration?

A material alteration is a meaningful change to property, rather than simply keeping it in its existing condition. Florida decisions examine whether a change appreciably affects a building’s form, function, use, or appearance.

A DBPR arbitration order applying this standard identifies a condominium color-scheme change as a material alteration. That example does not decide every painting or construction project; the facts and governing documents matter.

Background: DBPR arbitration order, case 2013-040108 (historical decision).

Cost alone does not decide the question. A modest project can change shared property substantially. An expensive repair may restore what already exists. Ask counsel to review the actual scope before classifying a project.

Good improvements begin with the right approvals.

Projects that deserve a closer look

Proposed workQuestions for the project review
Repainting a buildingIs it the existing scheme or a significant change in exterior appearance?
Replacing a walkway, fence, or roofDoes it restore the existing property, or change its footprint, materials, design, or use?
Adding a patio, enclosure, or storage areaDoes it occupy shared land, affect access or drainage, or grant exclusive use?
Adding cameras, fixtures, or landscaping featuresWhere will equipment be attached? How will it affect appearance, privacy, access, or existing services?
Interior unit renovationDoes work affect structural elements, shared plumbing, exterior openings, sound transmission, or common elements?

These examples identify issues for review; they do not determine that any project is a material alteration, a repair, or a change to property rights, or that an owner vote is or is not required. Provide plans, photographs and existing-condition information to counsel so the applicable approval rule can be identified for the actual project.

When is an owner vote required?

Florida Statutes §718.113(2) addresses material alterations and substantial additions, including declaration-based procedures and a 75% default in specified circumstances. Have counsel review the complete current provision, recorded documents, property affected and actual scope to identify whether that provision applies and which approval rule governs. This summary does not determine that your project requires an owner vote or that a particular percentage is sufficient.

Ask counsel to distinguish the provisions for a single condominium, affected condominium common elements and association real property in a multicondominium association. For hurricane protection, have counsel confirm whether §718.113(5) applies and what separate approval requirements or exceptions govern the actual work.

Hypothetical arithmetic—not a voting determination. If counsel confirms that a 75% threshold and a denominator of 26 voting interests apply, 26 × 0.75 = 19.5, so at least 20 affirmative voting interests would meet that assumed threshold. The calculation does not establish the correct denominator, required percentage, eligibility, approval route or validity of an actual project vote.

A budget approval, board motion, or special-assessment vote should not be assumed to satisfy a separate alteration-approval requirement. Have counsel confirm the proper notice, voting method, threshold, and wording.

Changes to unit boundaries, common-element shares, or exclusive-use rights can implicate other provisions, including §718.110. A 75% alteration vote should not be assumed sufficient for those changes.

Association approval and permits answer different questions

Association authorization

Who may approve the change to condominium property? What does the declaration require? Are owner votes or other consents needed?

Government permits

Does the proposed construction meet applicable building and regulatory requirements? What plans, licensed trades, inspections, and final approvals are required?

A permit does not grant condominium approval, and condominium approval does not replace a permit. Palm Beach County’s Permit Center processes building applications in the unincorporated county; ask about the specific project and jurisdiction.

Palm Beach County Permit Center

For Century Village, also check whether a proposal affects property or systems controlled under a community agreement. Do not assume the association owns every nearby road, shoreline, or recreation area.

A practical project approval checklist

  1. Identify the property. Review the declaration, plans, boundaries, and relevant agreements. Confirm whether the work concerns a unit, common element, limited common element, or association property.
  2. Describe the change. Use before-and-after drawings, dimensions, materials, colors, and photographs. Separate necessary repairs from optional additions.
  3. Obtain professional review. Have counsel classify the actual project and identify the applicable approval rule, authority, required votes or other consents, and any relevant exceptions. Use an engineer, architect, or other qualified professional for design and safety questions as appropriate.
  4. Explain cost and responsibility. Address funding, future maintenance, insurance, access, warranties, and potential damage.
  5. Complete the required decisions. Prepare proper notices and voting materials, document the results, and obtain applicable permits before commencing work.
  6. Close out the project. Keep plans, approvals, votes, contracts, inspection results, and maintenance instructions in the association records.

Plan clearly. Approve properly. Build confidently.

What if an owner has already made a change?

Suggested response: document the work, check for immediate safety concerns, and ask counsel to determine what approval, if any, was required for the actual work. Have counsel review available remedies, deadlines, prior approvals, and consistent enforcement before demanding removal or attempting retroactive approval.

For an emergency repair, act to protect people and property while obtaining qualified guidance. The word “emergency” should not be used to assume every elective improvement can bypass approval.

As a documentation practice, do not rely only on “the president said it was fine.” Assemble the actual authorization, approved plans and supporting records. Have counsel identify the applicable approval rule, any delegated authority, and whether the project’s classification or effect on rights calls for a board decision, owner vote, other consent or additional procedure. This warning does not determine that a particular assurance or approval is legally valid or invalid.

Before you change it, understand it

Ask: What is changing? Who owns or controls it? What approval applies? Who pays now and maintains it later? Answering these questions early helps avoid expensive disputes.

Hurricane protectionEmergency repairsBack to Property & Safety

Prior source review October 17, 2026; project-classification and approval qualifications revised October 18, 2026. Educational guidance for Florida condominiums, with Century Village West Palm Beach examples. Verify current law and your recorded documents with association counsel. The historical arbitration order illustrates a legal standard; it is not a ruling on your proposed project.

Board Synergy recommended practice

Keep the approved change identifiable

Build a decision packet with existing-condition photographs, proposed drawings, dimensions, materials, colors, affected property, professional review, approval authority, funding, and future maintenance arrangements.

Check property classification and responsibility before deciding which approval applies. A maintenance obligation, budget allocation, or contractor proposal does not independently establish authority to change shared property or recorded rights.

Connected project and community resources

Authority matters: Florida law establishes statutory duties; governing documents define association authority subject to law; contractual duties come from applicable agreements. UCO procedures address separate UCO functions. The added registers and workflows are Board Synergy recommended practices, not prescribed statutory forms. Historical articles provide background rather than current legal instructions.