florida construction-law
Do Condominium Owners have standing to build on Condominium common areas?
<p>It is my understanding that licensed contractors are required for construction in Florida.</p>
<p>What are the exemptions and what is the governing rule?  Assume the context is:</p>
<ul>
<li>a condominium's common area</li>
<li>substantial construction, where in a failure results in significant safety risk or damage</li>
</ul>
<p>Are there any circumstances under which owners (members of the Condominium) build substantial improvements (for example a wooden deck or a concrete patio) on common area?</p>

<p>No, individual owners cannot make any alteration to the common elements of the condominium. The responsibility for the maintenance or improvements of common elements is entirely under the control of the HOA. Unless otherwise specified in the condominium declaration material alterations or improvements to a common element requires a vote of the HOA, and 75% of the voting interests of the HOA must approve any substantial modification or improvement. This is set forth in the Florida statutes: <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0700-0799/0718/0718.html" rel="nofollow noreferrer">718.113 Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; display of religious decorations.—</a></p>
<p>If it was a limited common area (a common area who's use is reserved to one unit) it might be more ambiguous. Some condo declarations might allow owners to make some improvements to a limited common element: say enclosing a balcony or installing a heat pump.</p>
