Unpermitted construction – material alterations
Can I do whatever I
want in my unit?
No, you cannot.
You accept the terms of the Declaration
of Condominium, the Articles of Incorporation, By-laws and rules and
regulations upon taking title to the unit. You cannot do anything contrary
to those documents. That’s one of the reasons that you are given three days to
review those governing documents when purchasing a resale condominium. If
the restrictions do not work for you, that is the time to raise the
issue. Further, Chapter 718, Florida Statutes, provides that these provisions
are also deemed incorporated into any lease of a unit. Therefore, it
is incumbent upon landlords to inform their tenants of what is allowed and what is prohibited in the condominium in which the unit is located.
As Century Village continues to welcome new Unit Owners and more full-time residents, there is a constant flow of contractors building and renovating older units. There remains a large
volume of construction/material alterations to the units.
Unfortunately, many of these owners appear to have the outlook that their
condominium unit can be treated in the same way as a single-family home.
Unit Owners are obligated to inform the Board of Directors
prior to beginning any renovations in their unit. Per the Association’s
governing documents, the unit owner must provide appropriate documentation,
including a license, proof of insurance from the vendor, drawings, Palm Beach
County permit application (if applicable), and secure written permission from
the board prior to work commencing.
MATERIAL ALTERATIONS
TO THE UNIT REQUIRE BOARD APPROVAL PRIOR TO WORK COMMENCING.
All work performed on Association property must be performed
by Licensed and Insured contractors, including workers’ compensation. When
a Unit Owner attempts to perform work in their unit with an unlicensed
contractor, they are exposing the Association to undue liability should there
be injury or damage to other units and common elements, as well as additional expenses arising from unpermitted construction. This is why it is a
requirement for the Association to be involved in and aware of material
alterations prior to work commencing to avoid these problems. Units have been condemned in the
village because of the irresponsible actions of contractors removing load
bearing walls from units as well as unit owners not going through the proper
channels to have material alterations made within their unit.
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