How does one add land to an HOA?
How does one add land to an HOA?
How does a Florida not-for-profit condominium association add property, personal or real, to association property?
Simply put: Acquiring property is a one-step process; the TWOA could buy the property as deeded real property. Acquiring property, AND, adding it to the common elements is a two-step process; the TWOA could buy the property and add it to the common elements by an amendment to our Declaration.
Note that at this time, the TW board does not acknowledge this interpretation of the Florida statutes.
The rules regarding acquiring property: The Florida statutes and our declaration state the following:
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Florida statute 718.111(7) (in part) states: The association has the power to acquire title to property or otherwise hold, convey, lease, and mortgage association property for the use and benefit of its members.
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The TW Declaration article 8.4(b) (in part) says: The Association, through its Board of Directors, may materially alter, add or improve the Common Elements or Association Property; provided that any expenditure for a material alteration, addition or improvement in excess of Ten Thousand Dollars ($10,000.00)shall require the prior approval of the Owners of a majority of all Units.
The rules regarding adding to the common elements: The Florida statutes and our declaration state the following:
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718.110(6) (in part) states: The common elements designated by the declaration may be enlarged by an amendment to the declaration.
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The TW Declaration article 15.2 (in part) says: The declaration may be amended at any time by an affirmative vote of the owners of two-thirds of all of the units of the condominium.
Here is a link to a page that explains .
UPDATE: 04/05/2025