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HomeMy WebLinkAbout0700 1 „ 4 • S t F.. - , ~ ~ . _ ` F . Condowinium. Although the Sterling Village case's holding ~ applied_~to buildings, there is no reason why it should not ~ ; also apply to any area of the common elements. Applying the ` definitions of "substantia.l" and "materihl" from the Sterling Village case,'the Court must conclude and so holds that con- i ~ , ~ struction of 430 fe~t of chain-link fence on the common elements ~ of this condominium which only allowed'for shrubtiery and grass, ` ~ constitutes a material alteration and substantial addition to the ~ i common element`s which rcquires ratification by the affirmative • ~ t vote of not less than 75X of the total votes of the members ~ , ~ of the Association present at any regular or special meeting of ~ i the unit owners as required by Paragraph XIV-B of the Declara- ; ~ tion of Condominium and by F.S. 718.113(2-)-.-- . ; . ; ~ The second question involved is: "Does the Board of ~ Directors of the Association have the power and authority to pro- hi:b3t vehicular and pedestrian access from the end of Connecticut # ~ # Avenue to Nettles Island Boulevar'd?t' The plat of the Association does-not show any access from the end of Connecticut Avenue to ~ ~ 3 Nettles Island Boulevard, although the plat in a few places does show other pedestrian access. The Association blocked vehicular ~ access at t~iis point by planting shrubberya and instaled concrete ~ . ~ bumps so that there was no ingress or egress even for golf carts. ~ r ~ i The planting of the, seagrape hedge did not prevent some pedes- : f ~ ~ t ~ trians from using the access and eventually, a path was worn by f ~ i ~ ~ the pedestrians through the grass and seagrapes. Florida Statute ~ ; 718.11.~10) provides that unless pro}}ibited by Declaration, the ~ ' ~ € Association has the authority without the joinder of any unit J ~ ~ ~ ~ # owners, to modify or remove any easement for ingress and egress. ~ ~ ~ [ ~ Therefore, the Association has the authority to prohibit ingress ; ~ ~ ~ and egress over the common elements and specifically in this case, ~ ~ : the Association has the authority to prohibit ingress and egress ~ t , ~ by vehicles and pedestrians from the end of Connecticut Avenue s ; ~ ~ to Nettles Island Boulevard. Even in the absence of this ` a ~ ~ statute, by F.S. 718.111(6)the Association has the power t,o main- ~ ~ , . ~ tain, repair and replace the common elements and in maintaining ~ ~ ~ # ~ . ~ ~ -4- ~ ¢ - s°co~ ~ ~ ~ ~ ~ . ~ . - e ~ : Y.~~ +'a~~"_,Sl~~~ -4 k ~µ~~SF . ~~~sS_.'~k~~°~tr~..a.: o .