Cell tower controversy should probably be put to a vote.

By June 12, 2019 July 2nd, 2019 Condo & HOA Law, Treasure Coast Palm

Q:  Our Board is looking into having a telecommunications company put their towers on one of our condominium buildings. Do we need a community vote to do this? We just put all new roofs on our buildings due to the hurricane. Also, the safety of the towers is in question.

E.L., Fort Pierce

A:  The installation of a cell tower on the condominium property is a material alteration of the common elements. The Condominium Act (Chapter 718, Florida Statutes) provides that material alterations must be approved in advance by a vote of at least 75% of the total voting interests unless the Declaration of Condominium provides for a different approval percentage. So, you need to check your Declaration and see if it provides a different approval threshold. Either way a vote of the owners is very likely required. As to the safety issue if the project is to move forward the installer should provide the engineering specifications which the Board should confirm that roof can safely accommodate the installation.

 


Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  T o ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com.  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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