Can my Florida Condo Association Board restrict smoking on the terrace of my condo unit if it is a considered a limited common element? When I purchased my unit, the terrace was considered part of the square footage and was a limited common element. I am required to maintain the floor tile, and furniture and other terrace additions.
The Board stated during a recent meeting that condo unit owners cannot smoke on the terrace. However, there appears to be a big difference between what is deemed common area and limited common element. The Rules and Regulations state ‘smoking within a condo unit owner’s boundaries,’ whereas the Declaration states ‘a condo unit owner can utilize the terrace which is connected to the unit’. I believe this shows that the condo unit owner is within their boundaries as stated in the Rules and Regulations.
If I’m reading this correctly, the Board can only change the Rules and Regulations, and cannot override the Declaration. If this is true, they cannot tell an owner that they cannot smoke if that owner has the majority of rights to that terrace. Has anyone else come across this issue?