(Continued from page 14)
There is no law against being obnoxious. Florida does have laws that prohibits certain types of harassment, such as stalking or threatening violence. But just being a bad person is not against the law. Similarly, there is no law against bringing multiple lawsuits against the association, at least where there is some arguable basis for that lawsuit (even if the basis is somewhat remote). I have dealt with owners who regularly and repeatedly
file complaints against their
associations. The more recent trend, after a change in the law allowing the Department of Business and Professional Regulation to discipline LCAMs who violate the Condo, HOA or Co-Op Acts, is to bring a complaint against the manager and the management company. Defending these complaints costs the association money, sometimes many thousands of dollars if there are repeated complaints that need to be answered.
Thankfully, the Condo Act provides that the prevailing party in a lawsuit is entitled to recover costs and reasonable attorney’s fees. That is, if the owner is regularly bringing frivolous lawsuits, any time the association fights and wins, the owner is going to have to dig into his pocket. Sometimes, the only way to curb litigious behavior is to fight until the end, even if defending the lawsuit requires a significant outlay of funds. That is the only way to hit some of these abusive owners where it matters — their wallet.
Condominium associations, as corporate entities, are not well-suited to dealing with issues of harassment or violence. Your covenants are designed to deal with ordinary issues of common living, such as ensuring that the units are properly maintained, that there are rules that govern the shared spaces and that the association can collect sufficient funds to operate and maintain the property. Civil laws and courts, though, are not great resources for controlling truly dangerous people. The litigation process can take months or years, and you will end up with, at best, a judgment ordering the owner to cease certain behavior. If he does not, he will be in violation of a court order, and may be sanctioned. If the violations continue, he could face a criminal penalty, but that’s uncommon. Although, given the prior felony conviction, perhaps you have a bit more leverage against the owner you describe (I would think that’s particularly true if he committed a violent felony).
I will tell you that my experience suggests that, while there are many obnoxious and litigious people living in condominiums
16 ommunity CAI
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and HOAs, it is rare to find someone who is actually violent or presents a real threat to personal welfare. Usually, the person is just a nuisance. But, if you or your directors feel that they are being threatened in any way, do not hesitate to contact the police — repeatedly if needed. ◆
Ryan D. Poliakoff, a partner at Backer Aboud Poliakoff & Foelster, LLP, serves as general corporate counsel to condominium associations, homeowners’ associations, master
associations and country clubs. His articles and editorials on shared ownership have appeared in newspapers and magazines throughout the United States, and he has been interviewed on National Public Radio and numerous other radio programs. In addition to representing associations and owners, Poliakoff is a frequent lecturer at seminars and workshops for attorneys and board members, speaking on subjects such as property management, collections, covenant enforcement, the Fair Housing Act and executive board operations and service. He is the co- author of “New Neighborhoods—The Consumer’s Guide to Condominium, Co-Op and HOA Living.
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