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The Florida Senate

1998 Florida Statutes

SECTION 1055
Amendment of cooperative documents; alteration and acquisition of property.

719.1055  Amendment of cooperative documents; alteration and acquisition of property.--

(1)  Unless otherwise provided in the original cooperative documents, no amendment thereto may change the configuration or size of any cooperative unit in any material fashion, materially alter or modify the appurtenances of the unit, or change the proportion or percentage by which the owner of the parcel shares the common expenses and owns the common surplus, unless the record owner of the unit and all record owners of liens on it join in the execution of the amendment and unless the record owners of all other units approve the amendment. Cooperative documents in cooperatives created after July 1, 1994, may not require less than a majority of total voting interests for amendments under this section, unless required by any governmental entity.

(2)  Unless a lower number is provided in the cooperative documents or unless such action is expressly prohibited by the articles of incorporation or bylaws of the cooperative, the acquisition of real property by the association, and material alterations or substantial additions to such property by the association shall not be deemed to constitute a material alteration or modification of the appurtenances to the unit if such action is approved by 75 percent of the total voting interests of the cooperative.

(3)(a)  Unless other procedures are provided in the cooperative documents or such action is expressly prohibited by the articles of incorporation or bylaws of the cooperative, the association may materially alter, convert, lease, or modify the common areas of the mobile home cooperative if the action is approved by 75 percent of the total voting interests of the cooperative.

(b)  The association may change the configuration or size of a unit only if the action is approved by the affected unit owners and by 75 percent of the total voting interests of the cooperative.

History.--s. 5, ch. 88-148; s. 16, ch. 94-350; s. 6, ch. 96-396.