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HomeMy WebLinkAbout0699 ~ { . ~ Avenue to pettles Island Boulevard and required Plaintiffs ,to walk an additional 1200 feet. Prior to the construction of the fence comp'lained of, . , a chain-link fence had previously been conetructed along most of the outside perimeter of the condominium property at ,a cost • • ' of approximately $9,000. Ratification for this expenditure was not obtained from the unit owners. ' . ~ The plat of the Condominium (~-S) does not show a fence located anywhere on the condominium property or on the common elements. The plat does show shrubbery on the common ~ elements along'the south side of Nettles Island Boulevard at the place where the fence was constructed. There are two issues involved in this suit. The , • ~ first question is: "Does the construction of the 430 foot chain-link fence along the south side of Nettles Island Boule- vard on the common elements constitute a material alteration or substantial addition to the common elements of,the condominium?" If so, the action by the Board of Directors would have had to be ratified by the affirmative vote of not less than 75~ of the total votes of the members of the Association present at any , regular or special meeting of the unit owners. -Previous to the construction of this fence, a chain-link fence was constructed ' along most of the outside perimeter of the condominium property ~ ~ at a cost of $9,000. The cost of the fence in question was I . ~ $947.96, and constituted only a small portion of the total fence s ~ ~ on this property. If we compare the size and cost of the fence ~ ~ ~ in question to the total fence on this property, it would appear ~ that the fence in question was not a-s~ibstantial addition or R ~ ~ material alteration to the common elements. However, the case ~ ~ ~ of Sterling Village Condominium, Inc. v. Breitenbach, 251 Sa.2d ~ . 685 (4th DCA, 1971), held that the substitution of glass jalousies ; for wire screening in screen enclosure of two apartments in the ~ condominium constituted material and substantial alteration in 5 violation of statute forbidding material alteration to common ~ ~ ~ elements,.except in the manner provided in the Declaration of ~ ~ ~ ~ , ~ -3- ~ E ~ gooK ~ ~ ~ ~ . , , y C~"'3.` . . . .'.~'N ~ ~ ~,~„~~.Cx^M IG~3 ~'uF'r S"ri'~`-Y . _r ~s:0"~.. . _ a .