The Board of Directors is proposing to amend Section 14.03 of the Declaration of Condominium for Bermuda Bay Beach Condominiums to clarify the process for approval of alterations to the limite common elements and to specically permit the Association to approve, prospectively and retroactively, certain alterations to the limited common element balconies and patios, as set forth in the materials provided to you with the meeting notice.
I. The Board proposes to amend section 14.03 of the Declaration of Condominium for Bermuda Bay Beach Condominium as follows:
14.03 Alteration and Improvement by Unit Owners. There shall be no material alterations or substantial additions to the common elements or limited common elements, except as the same are authorized in writing by the Association. The cost of the foregoing shall be assessed as common expenses of this condominium. Where, except that the cost of any alterations or additions as aforedescribed are exclusively or substantially exclusively for the benefitting of the unit owner(s) requesting same, shall be assessed against and collected solely from the unit owners exclusively or substantially exclusively benefiting from such alterations or additions, and the assessment shall be levied in such proportion as may be determined as fair and equitable by the Board of Directors of the Association.
· 14.03.01 Alterations to Limited Common Element Balconies, Patios, and Terraces.
· (a) Existing LCE Alterations. In the event that any balcony, patio, or terrace of a Unit has been altered from the original form installed by the Developer, such that the balcony, patio or terrace extends beyond 5 feet from the rear exterior wall of the unit, is wider than the width of the rear wall of the unit, has been screened or otherwise enclosed, or wraps around the side or corner of the building (collectively, “LCE Alterations”), the Unit Owner must register the LCE Alteration with the Association within 90 days after the date this amendment is recorded in the public records of Pinellas County. The Unit Owner shall register the LCE Alterations by providing the Association documentation regarding the exact dimensions of the patio, terrace, or balcony, information regarding any enclosure, all permits or approvals that may be available to the Unit Owner, and any other information reasonably requested by the Board. The Board shall adopt procedures and provide forms for Unit Owners to utilize to register their LCE Alterations. As these portions of the common elements serve only the adjacent units, once registered with the Association, they shall be hereby reclassified as limited common elements serving the adjacent units. Once registered, the Unit Owner and their successors and assigns may keep or replace their LCE Alterations in the same form as registered, subject to local building codes and laws and any reasonable requirements imposed by the Board on LCE Alterations generally or on replacement or modification of LCE Alterations.
· (b) Future LCE Alterations. In the event any Unit Owner seeks to extend their balcony, patio or terrace after the date of recording this amendment, the Unit Owner may extend their balcony, terrace, or patio to a depth of up to nine (9) feet from the rear exterior wall of the unit, install screen enclosures, install pavers up to six (6) feet from the rear of their original or extended lanai or patio, or otherwise alter or improve their limited common element balconies, patios, and terraces (collectively, “Future LCE Alterations”), only upon receipt of prior written approval of the Board. Any extension shall be limited to ten feet in width or the width of the unit whichever is less and may not wrap around the corner of a Unit or building. As these portions of the common elements serve only the adjacent units, they shall be hereby reclassified as limited common elements serving the adjacent units. The Board of Directors may adopt rules, regulations, and architectural guidelines governing Future LCE Alterations, including but not limited to limitations on the size and dimensions, materials, color, and/or appearance of any Future LCE Alterations, requirements for the maintenance, repair, and replacement of the Future LCE Alterations by Unit Owners, and restrictions on the use of the limited common elements and Future LCE Alterations. In no event may a Unit Owner install any pavers or other LCE alterations which block pathways or otherwise interfere with ingress or egress by other Unit Owners. Regardless of any approval by the Board, all such Future LCE Alterations must be performed and completed by licensed and insured contractors and in accordance with this Declaration and applicable law and building requirements. Unit Owners are responsible for obtaining all necessary permits and approvals for any Future LCE Alterations.
· (c) Rules Regarding LCE Alterations. Unless otherwise provided by the Board in writing,
· Owners shall be fully and completely responsible for all costs to construct, improve, insure, maintain, repair, and/or replace any Existing or Future LCE Alterations, all of which shall be performed by licensed and insured contractors. Unit Owners shall be responsible for any costs incurred to repair or restore any Existing or Future LCE Alterations removed or damaged by the Board in the course of its duties and responsibilities set forth in this Declaration or Florida law, except that the Association shall be required to restore or replace the balcony, patio or terrace in the same size, shape, form, and manner installed by the Declarant, or not more than five feet from the rear exterior wall of the Unit and not wider than ten feet or the width of the rear wall of the Unit, whichever is less, subject to applicable building codes and laws.
· (d) Enforcement. In the event any Unit Owner violates any of the foregoing or any rules,
· regulations or architectural guidelines adopted by the Board with respect to the limited common elements or Existing or Future LCE Alterations, the Board of Directors shall have the authority to take any action necessary to correct, remedy or remove the violation and restore the limited common element or Existing or Future LCE Alteration to a condition permitted under this Declaration and in accordance with any rules, regulations, and architectural guidelines adopted by the Board, and may assess all costs of doing so as an assessment against the Owner, which assessment shall be enforced and collected in accordance with this Declaration.
223 – yes votes 26 – no votes. The Amendment Passes
