ANALYSIS HB 913 (ER) -- CONDO 3.0

CHAPTER IV

• Amendment of declaration : Line 912 – 979

Section 6. Subsections (4) and (10) of section 718.110, are amended.

Subsection 4(a) is amended to (i) reflect the addition of a new subsection 4(b), and (ii) require that unless otherwise provided in the declaration as originally recorded, the amendment may not change the configuration or size of any unit in any material fashion.

Subsection 4(b) is added.  In part, 4(b) reads:

(b)   …[t]he declaration of a nonresidential condominium formed on or after July 1, 2025, may be amended to change the configuration or size of a unit in any material fashion, materially alter or modify the appurtenances to the unit, or change the proportion or percentage by which the unit owner shares the common expenses of the condominium and owns the common surplus of the condominium, if the record owners of all affected units and all record owners of liens on the affected units join in the execution of the amendment.

The approval of the record owners of the non-affected units in such condominium is not required.

Subsection 10 is amended to provide that corrections of error or omissions in declaration by circuit courts are to be sent to owners as listed in  the associations official records (rather than the owners last known residence address.)

LEGISLATIVE SESSION

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