Amendment of declaration

Common Elements summary — Section 718.110 sets the rules for amending a condominium declaration. The default approval threshold is the percentage stated in the declaration itself (commonly two-thirds or 75% of total voting interests), but the statute imposes hard floors: amendments that change unit boundaries, change a unit's appurtenances, or change the percentage by which the unit owner shares common expenses generally require the consent of the affected owner and all record-mortgage holders. For HOA-side comparison this parallels 720.306(1)(b), but condo amendments are stricter because the declaration is a property right. Practical traps: (1) a "scrivener's error" correction under 718.110(5) is a lower-threshold path that boards routinely abuse — courts will void a substantive change dressed up as a typo fix; (2) amendments must be recorded in the public records of the county or they don't bind successors. Always run a proposed amendment past association counsel before circulating it for vote. The cost of a $500 legal review is trivial compared to a quiet-title action three years later from a buyer who relied on the unamended declaration.

Not legal advice. Click through to the official source for statutory text.