What Counts as a Material Alteration in a Florida Condominium?

Key Takeaways

• Material alterations or substantial additions to common elements must be approved in the manner the declaration specifies; if the declaration is silent, then 75% of all voting interests must approve the project before the alteration or addition is started. See Section 718.113(2)(a), Fla. Stat.
• Florida courts and arbitration decisions interpret a ‘material alteration’ as a change that palpably or perceptibly affects the form, appearance, use, or function of the common elements; even changes that may look cosmetic can qualify if they appreciably affect how the property looks or is used.
• Routine maintenance and true ‘replacement in kind’ typically fall within the board’s authority and are not treated as material alterations, but if a project actually changes the appearance, layout, or function of the common elements, a court or arbitrator may still treat it as a material alteration requiring owner approval.
• Hurricane protection on common elements may be approved by the board under a separate procedure in Section 718.113(5), Fla. Stat.
• A unit owner who discovers an unauthorized material alteration may seek injunctive relief, declaratory judgment, and damages under Section 718.303, Fla. Stat.

In This Article

• Short Answer / Key Takeaway
• How Florida Law Handles This Issue
• Key Legal Rules
• Comparison Table: Types of Common Element Changes
• How This Issue Typically Comes Up
• Common Mistakes Associations Make
• What Associations Typically Argue and Why It Fails
• How the Statute Resolves This
• Edge Cases and Nuances
• What Homeowners Should Do
• When Legal Action May Be Necessary
• Actionable Summary Table
• Related Knowledge — Cross-Chapter Linking
• FAQ
• Key Terms Defined
• Conclusion
• About the Author
• Call to Action
• Disclaimer
• Sources

Short Answer / Key Takeaway

A material alteration in a Florida condominium is a change to the common elements that palpably and appreciably affects their form, appearance, use, or function — more than ordinary upkeep or a simple like‑for‑like replacement. Under Section 718.113(2)(a), Fla. Stat., the material-alteration standard means a palpable change — more than ordinary wear, cosmetic variation, or replacement in kind. Material alterations and substantial additions to common elements require the procedure set out in the declaration — or, if the declaration is silent, approval by 75% of all voting interests before the change is made. Condominium unit owners anywhere in Florida who discover that their board has made unauthorized alterations to common elements have enforcement rights under Section 718.303, Fla. Stat.

How Florida Law Handles This Issue

A Boca Raton, FL condo lawyer can help unit owners determine whether a board complied with Section 718.113 before making changes to the common elements and enforce their rights when required approval procedures were not followed. Section 718.113 of the Florida Statutes governs maintenance of the common elements and the procedures required for material alterations and substantial additions. The central provision is Section 718.113(2)(a):

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.

The statute does not define ‘material alteration.’ The standard that has emerged is that a material alteration means a palpable change in the use, appearance, or function of a common element. This standard distinguishes routine maintenance and replacement in kind (which do not require owner approval) from changes that meaningfully alter what unit owners collectively agreed to purchase when they acquired their units.

The 2018 amendment to Section 718.113(2)(a) clarified that the paragraph applies to associations existing on July 1, 2018, eliminating arguments that older condominiums were exempt; today, every Florida condominium association must follow either (a) the approval procedure in its declaration or (b) the statutory default of 75% of all voting interests when the declaration does not specify a procedure.

Key Legal Rules

Rule 1 — Material alteration requires declaration procedure or 75% vote.

Exception: The declaration may provide a different approval threshold — including a lower threshold — by express provision.

Application: If, after reading the declaration as a whole, it clearly gives the board authority to approve material alterations, then board approval may be sufficient; if the declaration does not clearly specify an approval procedure for material alterations or substantial additions, the statutory default of approval by 75% of all voting interests applies. See Section 718.113(2)(a), Fla. Stat.

Rule 2 — Necessary maintenance does not require owner approval.

Exception: If a ‘maintenance’ project in practice changes the appearance or function of the common element, it may cross the line into material alteration.

Application: Resealing the parking lot with the same material and color is maintenance. Removing the parking lot and replacing it with a different surface configuration is a material alteration. The test is whether the change is palpably different from what existed before.

Rule 3 — Replacement in kind is generally not a material alteration.

Exception: If replacement involves a change in material, color, texture, or function, it may constitute a material alteration even if described as ‘replacement.’

Application: Replacing damaged pool deck tile with tile of the same type and color is replacement in kind. Replacing concrete pool deck with pavers of a different design and color constitutes a palpable change in appearance and likely qualifies as a material alteration.

Rule 4 — Hurricane protection may be approved by board under Section 718.113(5).

Exception: The hurricane protection approval procedure in Section 718.113(5) applies only to hurricane protection products — it does not authorize the board to approve unrelated aesthetic or structural alterations under that section.

Application: A board that installs hurricane shutters on common-element windows under Section 718.113(5) does not need a 75% owner vote. A board that uses Section 718.113(5) to justify other exterior changes has exceeded that provision’s scope.

Rule 5 — Statute applies to all associations, including those existing on July 1, 2018.

Exception: Associations formed after July 1, 2018 are also subject to the statute — the clarification applies to existing associations, not only new ones.

Application: An association cannot argue that the 75% vote requirement does not apply because it was formed before a particular legislative amendment. The statute expressly applies to all existing associations. See Section 718.113(2)(a), Fla. Stat.

Rule 6 — Unit owner enforcement rights under Section 718.303.

Exception: Statute of limitations and laches may apply if the homeowner unreasonably delays challenging an alteration after discovering it.

Application: A unit owner who discovers an unauthorized material alteration may seek an injunction to stop or reverse it, a declaration that the alteration was unauthorized, and damages where the alteration affected unit value or use. See Section 718.303, Fla. Stat.

Comparison Table: Types of Common Element Changes

Type of Change	Owner Vote Required?	Legal Standard
Necessary maintenance (same material, same function)	No	Board authority under § 718.113(1)
Replacement in kind (same material, same design, same location)	Generally no	Not a material alteration — same character maintained
Material alteration (change in appearance, use, or function)	Yes — declaration procedure or 75% of voting interests	§ 718.113(2)(a)
Substantial addition (new structure, element, or facility)	Yes — declaration procedure or 75% of voting interests	§ 718.113(2)(a)
Hurricane protection installation on common elements	Usually no owner vote for the protection decision itself, because the board may approve under specific procedures	§ 718.113(5)

How This Issue Typically Comes Up

Scenario 1 — Lobby redesign in a Miami-Dade high-rise. A condominium board in Miami-Dade decides to renovate the lobby — replacing marble flooring with large-format porcelain tile in a different color, removing seating areas, and reconfiguring the reception desk layout. The board approves the project by a 4-2 board vote without an owner vote. The changes are palpably different in appearance and function from the original lobby. Unit owners who object are correct that the renovation constitutes a material alteration under Section 718.113(2)(a) and required either the declaration procedure or a 75% owner vote.

Scenario 2 — Pool deck replacement in a Tampa condominium. A Tampa condominium board votes to replace a damaged concrete pool deck with travertine pavers at a significantly higher cost. The board characterizes the project as a maintenance repair. Unit owners who observe the change in material, texture, and appearance of the pool deck challenge the characterization. A change from concrete to travertine — a different material with a different aesthetic character — is not replacement in kind. It is a material alteration requiring the approval process set out in the declaration or the 75% statutory default.

Scenario 3 — Common element conversion in an Orlando condominium. An Orlando condominium board votes to convert an underused meeting room into a storage facility for a property management vendor. Unit owners who used the meeting room for association functions object. The conversion is a change in the function of a common element — from owner-use meeting room to vendor storage. This is a material alteration that requires the declaration procedure or 75% owner approval before implementation.

Common Mistakes Associations Make

• Characterizing a material alteration as ‘maintenance’ or ‘repair’ to avoid the approval requirement.
• Approving alterations by board vote when the declaration procedure requires a unit-owner vote, or when the declaration is silent and the 75% statutory default applies.
• Proceeding with a project before obtaining the required approval — which exposes the association to injunctive relief requiring reversal of the alteration.
• Treating replacement of damaged common elements with a different material as a ‘like-kind replacement’ when the material, color, or design is visibly different.
• Invoking the hurricane protection exception in Section 718.113(5) to authorize non-hurricane-protection changes to the building exterior.

What Associations Typically Argue and Why It Fails

Argument 1: “This was a maintenance decision within the board’s authority.”Why it fails:

The maintenance exception in Section 718.113(1) applies to work that preserves the existing character, material, and function of common elements. A change that alters appearance, material, or function cannot be characterized as maintenance regardless of how the board labels it. Section 718.113(2)(a) focuses on the substance of the work — not the label the board applies to it — in determining whether owner approval was required.

Argument 2: “The declaration gives the board authority to manage the common elements.”Why it fails:

Board authority to manage and maintain common elements is distinct from authority to materially alter them. Management authority covers routine operational decisions. Altering the physical character of common elements — particularly in ways that affect all unit owners’ shared property interests — requires the higher threshold of owner approval established by Section 718.113(2)(a) or the specific declaration procedure.

Argument 3: “The alteration increased property values for everyone.”Why it fails:

The material alteration approval requirement is not contingent on whether the change is beneficial or harmful. Its purpose is to protect unit owners’ collective right to make decisions about changes to the property they co-own. Even a beneficial alteration — such as a lobby upgrade that increases market values — requires the proper approval process. The benefit of the change does not retroactively authorize a bypass of the statutory procedure.

How the Statute Resolves This

Section 718.113(2)(a), Fla. Stat. requires the association to follow the declaration procedure — or, if the declaration is silent, to obtain approval from 75% of all voting interests — before commencing any material alteration. The test is whether the change constitutes a ‘palpable’ change in the use, appearance, or function of the common element. A change that the typical unit owner would notice and that meaningfully differs from the prior condition is material.

Lobby renovations, pool deck replacements with different materials, and conversion of common-use areas to different purposes are examples of material alterations that require owner approval under Section 718.113(2)(a). Changes to recreational areas, parking configurations, and exterior finishes are also material alterations when the post-change condition differs palpably from the original.

Section 718.303, Fla. Stat. provides the remedy for unauthorized material alterations. Where reversal is physically and economically feasible, the available relief includes injunctions requiring the association to restore the altered element to its prior condition at the association’s expense. Where reversal is not feasible, monetary damages for diminution in value or loss of agreed-upon amenities are available.

Edge Cases and Nuances

Statute of limitations and laches.

A unit owner who waits too long after discovering an unauthorized alteration may face defenses like laches or expiration of the applicable statute of limitations, depending on whether the claim is based on the statute, the declaration, or other legal theories; acting promptly preserves more options. Unit owners who discover unauthorized alterations should act promptly.

Partial alterations and incremental changes.

An association that implements a material alteration incrementally — making one change per year under the guise of maintenance — may face a cumulative alteration argument. The question is whether the series of changes, viewed as a whole, constitutes a material alteration even if each individual change is minor.

Alterations to association property vs. common elements.

Section 718.113(2)(a) applies to both common elements and ‘real property which is association property.’ Association property that is not a common element — such as land owned by the association adjacent to the condominium — is subject to the same material alteration standard. Boards that make changes to association-owned property are not exempt from the approval requirement.

What Homeowners Should Do

1. When you learn of a proposed renovation or change to a common element, review the declaration to identify the applicable approval procedure. Determine whether the declaration specifies a threshold (board approval, majority vote, supermajority vote) for material alterations.
2. If the declaration is silent on material alterations, the statutory default applies: at least 75% of all voting interests—not just those who attend a meeting—must approve the project in a membership vote held before any material alteration is started.
3. If the association has already commenced an unauthorized alteration, send written notice to the board demanding that work be stopped immediately pending proper authorization.
4. Document the pre-change condition of the common element with photographs, survey documents, and association records showing the original specification.
5. Consult a homeowner-side attorney about seeking an emergency injunction if the alteration is ongoing and irreversible damage to the common element is imminent.
6. If the alteration has already been completed, consult counsel about the available remedies — including injunctive reversal, declaratory judgment, and damages under Section 718.303, Fla. Stat.

When Legal Action May Be Necessary

Legal representation is necessary when: (1) the association is proceeding with a material alteration without the required owner approval and refuses to stop; (2) a completed unauthorized alteration has diminished the character, value, or amenities of the common elements; (3) the association characterizes a clearly palpable change as ‘maintenance’ to bypass the approval process; or (4) the homeowner needs an emergency injunction to stop irreversible work.

Unit owners in Miami-Dade, Tampa, and Orlando should act quickly once an unauthorized alteration is discovered. Section 718.303, Fla. Stat. provides for injunctive relief, but injunctions to stop work are most effective before the project is substantially complete — acting promptly is essential.

Actionable Summary Table

Situation	Homeowner Action	Legal Basis
Board proceeding with a proposed material alteration without owner vote	Send written demand to stop work, insist that no material alteration begin until a proper membership vote is held, and consult counsel about seeking an injunction if the board refuses to pause the project	§ 718.113(2)(a), Fla. Stat.; § 718.303, Fla. Stat.
Declaration silent on alteration procedure	Invoke 75% statutory default; oppose board-only approval	§ 718.113(2)(a)
Work already commenced in violation	Seek emergency injunction to stop ongoing alteration	§ 718.303, Fla. Stat.
Completed unauthorized alteration	Seek declaratory judgment of violation; seek damages or reversal	§ 718.303; § 718.113(2)(a)
Board invokes hurricane protection exception for non-hurricane work	Challenge inapplicability of § 718.113(5) exception	§ 718.113(5), Fla. Stat.
Association labels alteration as ‘maintenance’	Document pre/post change; obtain expert opinion on palpable change	§ 718.113(2)(a)

Related Knowledge — Cross-Chapter Linking

Chapter 718 (Condominium Act) contains the material alteration requirement for common elements in Section 718.113(2)(a). Chapter 720 (Homeowners’ Association Act) does not contain an equivalent material alteration provision for common areas. Under Chapter 720, changes to common areas in a planned unit development are governed primarily by the declaration of covenants and the board’s maintenance authority under Section 720.303(1), Fla. Stat.

Because Chapter 720 does not contain a specific ‘material alteration’ vote requirement like Section 718.113(2)(a), HOA homeowners often have to rely more heavily on their declaration, board fiduciary duties, and statutory rules on governance and budgeting when challenging common‑area changes; these claims can still be viable even without a dedicated ‘material alteration’ statute.

For condominium unit owners, the material alteration requirement in Section 718.113(2)(a) is a significant statutory protection that the legislature codified and retroactively applied to all existing associations in 2018. It reflects the fundamental principle that unit owners collectively own the common elements and have the right to approve changes to their shared property.

FAQ

What is a material alteration in a Florida condominium?

A material alteration is a palpable change in the use, appearance, or function of a condominium’s common elements. Under Section 718.113(2)(a), Fla. Stat., the standard means a change that is noticeable and meaningful — not mere routine maintenance or like-kind replacement. Examples include changing pool deck materials, converting a common-use room to a different purpose, or redesigning the lobby in a way that significantly changes its character. See Section 718.113(2)(a), Fla. Stat.

Does a condo board need owner approval for every common element renovation?

No. Necessary maintenance and like-kind replacement do not require owner approval under Section 718.113(2)(a). A material alteration does. If the change is palpable — meaning it meaningfully alters the character, use, or appearance of the common element — the board must follow the declaration procedure or obtain approval from 75% of all voting interests before commencing the work.

What happens if a condo board makes an unauthorized material alteration?

A unit owner can seek an injunction to stop ongoing unauthorized work, a declaratory judgment that the alteration was unauthorized and must be reversed, and damages for any resulting harm under Section 718.303, Fla. Stat. Section 718.303 allows unit owners to bring actions at law or in equity, including seeking injunctions, declaratory judgments, and other relief; depending on the facts and feasibility, a court may order the association to restore altered common elements to their prior condition or award other appropriate remedies.

Does the 75% vote rule apply to all Florida condominiums?

Yes. Section 718.113(2)(a), Fla. Stat. applies to all Florida condominium associations, including those that existed on July 1, 2018; the statute requires every association either to follow the approval procedure set out in its declaration or, if the declaration does not specify one, to obtain approval from 75% of all voting interests before starting a material alteration or substantial addition.

Is replacing a damaged common element always replacement in kind?

Not necessarily. Replacement of a damaged common element with the same material, color, design, and configuration is generally replacement in kind and does not require owner approval. But if the replacement uses a different material, changes the appearance significantly, or alters the function of the element, it may cross the line into a material alteration requiring the approval process. Section 718.113(2)(a) focuses on the substance of the change, not the label the board places on it.

Key Terms Defined

Material Alteration:

A change to the common elements of a Florida condominium that palpably alters the character, use, appearance, or function of those elements. Requires declaration procedure or 75% owner approval before commencement. See Section 718.113(2)(a), Fla. Stat.

Substantial Addition:

The addition of new structures, facilities, or elements to the condominium’s common elements or association property. Treated the same as material alterations under Section 718.113(2)(a) — requires declaration procedure or 75% owner vote.

Replacement in Kind:

The replacement of a damaged or deteriorated common element with the same or equivalent material, color, design, and configuration. Generally does not constitute a material alteration and does not require owner approval beyond normal board authority.

Total Voting Interests:

The sum of all voting interests in the condominium association — typically equal to the total number of units. The 75% vote requirement for material alterations is calculated based on 75% of the total voting interests, not just those present at a meeting.

Section 718.303 Enforcement:

The provision of the Condominium Act that authorizes unit owners and the association to bring actions to enforce compliance with the Act, the declaration, and the rules and regulations. Provides the legal basis for a unit owner’s claim against the association for an unauthorized material alteration.

Conclusion

Under Florida law, a condominium board may not make material alterations or substantial additions to the common elements without following the declaration procedure or obtaining approval from 75% of all voting interests, and a unit owner who discovers an unauthorized alteration may seek injunctive relief, declaratory judgment, and damages under Section 718.303, Fla. Stat. See Section 718.113(2)(a), Fla. Stat.

Call Us Today!

If your condominium association has made unauthorized changes to the common elements without the required owner approval, contact Perez Mayoral, P.A. for a case evaluation. We represent homeowners only. We never represent associations.

Offices in Coral Gables, Tampa, and Orlando. Visit us at www.pmlawfla.com.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. The laws discussed apply to Florida condominium associations under Chapter 718, Florida Statutes, as of the date of last review. Individual circumstances vary. You should consult a licensed Florida attorney before taking action based on any information in this article.

Sources

Section 718.113, Fla. Stat. — flsenate.gov

Section 718.111, Fla. Stat. — flsenate.gov