At the 12/16/2021 board meeting, during New Business, the first item was FLAG information. The following is largely from the official minutes recorded at the meeting. Attorney Jackson Krancht was present to explain the purchasing on the FLAG property. Before speaking, the board needed to waive attorney client privilege. All board members approved.

The attorney spoke on what needed to happen. He said there is a two-step process. One is to purchase the property with approval from the members. Two is to include the property as Common Property and submit it with the Declaration to the state. Attorney Krancht said (1) that to enable TWOA to buy the FLAG property requires a majority vote and (2) that to add the property to the Common Elements requires a 100% vote. The attorney explained that 100% approval is needed to add the property to the Common Elements as that is the only way to change the appurtenances to the units.

This ends the excerpts from the minutes. The following are excerpts from member comments and my commentary.

At my request, the attorney identified the relevant statutes as 718.111(7) and 718.110(4). At the end of this page I’ve placed links to the most relevant Florida statutes and to a website with all of the Title 40 Florida statutes.

718.111(7) was correctly presented. This statute says that our association can acquire property for the use and benefit of its members in the method specified by our Declaration which requires a majority of prior approvals. This is echoed in our Declaration in article 8.4(B).

But statute 718.110(4) was incorrectly presented and interpreted by the board's attorney as the statute that defines the requirement to add porperty to the common elements. What this statute says is that adding property to the common elements does not affect the appurtenances to the units because it does not change the percentage of the common elements you own. If your percentage was affected, then it would require 100% approval. This statute is not relevant to addressing the question. The correct statute which should have been referenced is 718.110(6) which simply states, The common elements designated by the declaration may be enlarged by an amendment to the declaration. Our declaration (15.2) provides that an amendment requires the affirmative vote of two thirds of all members. Unfortunately, this detail was not known to the owners until months later.

During the meeting, I asked the attorney to verify that the property can be bought and owned by the association, and I said that FLAG wanted it to be kept as green space. He stated that the TW board will make any decisions, and members get no say. This is also not true.

FLAG owners and other TW owners supporting the purchase were so blindsided by these illogical statements, that understanding what the board was saying was impossible to comprehend.

There has got to be more to this.

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Statutes 718.110(4)&(6) and 718.111(7)

All Title 40 Florida Statutes