How to prohibit dual use of common elements without a membership vote?
• Post an agenda with the date, time and place of a Board of Directors Meeting. • Make sure the agenda item states, “Vote to prohibit dual usage.” • Vote to approve or disapprove dual usage. • If approved by the Board, add the language to the governing Rule & Regulations. • Send all record owners a copy of the new Rules & Regulations. • An Affidavit of mailing is recommended. For more information or supporting documents, see Florida Statute 718.106 below: 718.106 Condominium parcels; appurtenances; possession and enjoyment.– (1) A condominium parcel created by the declaration is a separate parcel of real property, even though the condominium is created on a leasehold. (2) There shall pass with a unit, as appurtenances thereto: (a) An undivided share in the common elements and common surplus. (b) The exclusive right to use such portion of the common elements as may be provided by the declaration, including the right to transfer such right to other units or unit owners to the extent auth
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