Judges: Robert A. Butterworth Attorney General
Filed Date: 6/1/1987
Status: Precedential
Modified Date: 7/5/2016
Mr. Andrew DeGraffenreidt III City Attorney City of Hollywood, Florida Post Office Box 2207 Hollywood, Florida 33022 Attention: James T. Schoenbrod Deputy City Attorney
Dear Mr. DeGraffenreidt:
You ask essentially the following question:
MAY A MUNICIPALITY VOLUNTARILY ANNEX A LAND AREA OCCUPIED BY A SINGLE CONDOMINIUM WITHOUT A PETITION SIGNED BY ALL OWNERS OF UNITS IN THE CONDOMINIUM?
You specifically ask whether a petition for voluntary annexation signed by a properly authorized officer of the condominium association complies with statutory procedural requirements. You also ask whether the statutory requirements are met by "appropriate proof" that 100% of the unit owners attending the association board meeting voted to authorize the association to submit a petition for voluntary annexation. I assume that no county charter provision for an exclusive method of municipal annexation is applicable. See, s.
Section
Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property. . . . (e.s.)
A municipality is not constitutionally or statutorily authorized to vary procedures for annexation specified in general or special law. See, s. 2(c), Art. VIII, State Const. ("[m]unicipal annexation of unincorporated territory . . . shall be as provided by general or special law"); s.
Section
SUMMARY
Therefore, it is my opinion that a municipality may not voluntarily annex a land area occupied by a single condominium without a determination that a petition therefor bears the signatures of all owners of units in the condominium.
Sincerely,
Robert A. Butterworth Attorney General
Prepared by:
Kent L. Weissinger
Assistant Attorney General