The approval of board-proposed alterations to a condominium association’s common elements sometimes requires adherence to the general process prescribed by Florida law, which calls for an affirmative vote from at least 75 percent of the total voting interests in the association. However, in some cases, an association’s own governing documents may provide for a different process; one that enables its board of directors to approve material alterations without a vote or approval by the association’s members.

Such was the case with The Regency Tower in Fort Lauderdale. In 2016, the association’s board of directors voted, without obtaining membership approval, to replace the existing Carrara marble flooring in the lobby with ceramic tile flooring. In response, one of the association’s unit owners challenged the board of directors’ authority to replace the lobby flooring without first obtaining approval from the association’s members.

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