April 12, 2026, 5:01 a.m. CT
Live in a home governed by a condominium, co-op or homeowner’s association? Have questions about what they can and cannot do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers.
Question: My condominium is undergoing concrete restoration. Without notice, the board notified the owners that the board has decided to tear out all 96 balconies and rebuild them with a waterproofing system along with a universal decorative finish; and that they would prevent us from reinstalling tiles, which we have had for 45 years.
Does this change require a vote of the community, or does the board have the right to just tear up our terraces and replace it with a one color one solution finish? Signed, J.M.
Dear J.M.,
What you are describing has become increasingly common. I have seen dozens of condominiums where the installation of tiles on balconies has compromised the concrete underneath, requiring extensive remediation, and sometimes even complete removal and reinstallation of new balconies. I have seen many engineers recommend that tiles should not be allowed on balconies because there is no effective way to properly waterproof them; and that the various waterproof balcony surfaces (many of which are stamped to look very much like tile) are a better long- term choice. I’m not an engineer and I can’t verify whether that’s the case, but I’ve rarely ever seen an engineer take the opposite position.
Your balcony is likely a limited common element of the building; and, your declaration of condominium likely says that the board must approve any additions to the exterior of the building.
There are many arbitration cases recognizing an association’s right to have owner-installed tile removed if necessary to allow them to repair a concrete balcony (and in your case, it sounds as if it’s not just the tile, but the balconies, themselves being removed, although that would not change my opinion).
Unless your governing documents expressly provide you with a right to install tile, which would be rare, I do think the board can pass a rule that would prevent owners from installing new tile on the newly refinished balconies. I certainly appreciate why you would prefer to have tile, but ultimately this is for the good and long-term health of the property.
How many votes does it take to amend condo rules?
Question: My Association consists of 128 units. The board has proposed an amendment to our declaration regarding the size of pets. Our declaration can be amended by a two-thirds affirmative vote of the members present in person or by proxy at a properly called meeting. How many total votes are required to be cast? I can’t figure out what two-thirds of that number is. Signed, S.M.
Dear S.M.,
You’re having difficulty because you’re missing a piece of information — your quorum. Every governing body, including the members of a condominium, has a minimum number of members who must participate in corporate governance to have a legal meeting. In a condominium, that number is usually a majority; though I have also occasionally seen one-third as well (those two options are far and away the most common).
If we assume that your quorum is a majority (you will find the number in your bylaws), you will need 65 owners to participate in the meeting in person or by proxy (more than half); and then you would need two-thirds of however many cast their vote to vote “yes.” That second number you can’t possibly know until you see how many people participate.
What’s the rule when it comes to drinking fountains?
Question: Is it mandatory to have dual height fountains in common pool area for a HOA complex? We have a dual unit now that needs repair, replacement or removal. There is a dual unit in clubhouse that is easily accessible. Signed, J.M.
Dear J.M.,
It entirely depends on the building codes. Remember that as a private housing provider your HOA is not subject to the ADA. Instead, it is subject to the building codes; but many ADA provisions have been integrated into Florida’s building codes. And when you remove something entirely you must typically install a code-compliant replacement.
I do know that the Florida building code requires either a combined high/low water fountain, or a combination of two fountains, so that they are wheelchair accessible. What I don’t know offhand is whether some of your fountains can be non-conforming, or if every fountain must conform. That’s a question for the county or your installer.
Now, if you are just repairing the existing fountain, then no change is required.
Ryan Poliakoff, a partner at Poliakoff Backer, LLP, is a Board Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of “New Neighborhoods — The Consumer’s Guide to Condominium, Co-Op and HOA Living.” Email your questions to condocolumn@gmail.com. Please be sure to include your location.
