MIAMI — Living in a community with an association requires abiding by the rules, obligations and restrictions found in its governing declaration, which is akin to a contract that is agreed upon by all prospective buyers prior to their becoming owners and members.
Enforcing those provisions can represent a delicate balancing act for associations and their boards of directors, and taking legal action against owners should be considered only after all other reasonable enforcement measures have been exhausted.
Even with the potential uncertainties and negative repercussions that litigation can present for communities, boards of directors can find themselves with little other recourse when facing unruly and disruptive owners who refuse to adhere to their community’s rules and policies. Such appears to be the case with a recent lawsuit filed by the Imperial Royale at Boca Pointe Condominium Association against unit owners Murray and Margalit Feit.
The Boca Raton association’s lawsuit filed in late December in Palm Beach County Circuit Court alleges that the Feits are in violation of a number of the community’s rules, and their actions are negatively affecting the quality of life of their fellow owners and neighbors. In addition to financial damages, the association seeks to have the court issue an injunction to force them to comply and change their behaviors.
According to the allegations in the lawsuit, the violations include “constant and repeated outbursts of yelling in the hallway common element areas by Defendant Murray Feit causing great disruption to the residents.” Those disruptions are also allegedly exacerbated by the “constant and repeated slamming of their Unit door,” which is now in need of repairs.
“The Feits have made no effort to ensure that the door closes in a manner that doesn’t disturb the other residents,” alleges the complaint.
The lawsuit also states the Feits are undergoing a substantial remodeling of their residence without first obtaining the necessary permits, and the association responded by demanding they cease all work until the proper building permits are obtained. It says their contractor either intentionally or negligently misstated “that permits were not needed for the massive remodel of their Unit,” and the couple has posted signs on the door barring entry and denied access to representatives of the association for purposes of inspecting the ongoing construction.
The remodeling work is also alleged to have resulted in water intrusion that has damaged the unit below their residence, and the Feits have refused to take responsibility for the damage. Their contractor is also alleged to have damaged the tile flooring in the common element area, which now requires repair work and/or potential replacement of the flooring.
The unruly behavior has also allegedly included “various instances of abusive and improper comments to the Board of Directors and management staff rising to the level of harassment.” The complaint also states the couple has been improperly receiving deliveries at the main entrance door without notifying staff, and this also represents a violation of the association’s policies.
Prior to filing the lawsuit, the complaint states the association acted in accordance with Florida law and sent notices via regular and certified mail to the Feits offering to participate in pre-suit mediation. The couple confirmed receipt of the mailings, but they “refused to coordinate and schedule such mediation repeatedly claiming they first had to hire legal counsel among attempting to provide other invalid excuses.”
Given their refusal to comply, the association is asking the court to grant a mandatory and permanent injunction against Murray Feit to immediately cease making constant and repeated outbursts of yelling in the hallway, and also slamming the door to his residence. It also seeks to require that the door be repaired in order to eliminate or reduce the loud sounds that are disturbing other residents, and to halt the remodeling work until the proper permits are obtained.
The injunction is also being sought to force the Feits to stop making abusive and improper comments to the directors and management staff, cease using the main entrance door for unscheduled deliveries, and stop posting no entry signs and denying access to representatives of the association for inspections of the work in progress in their unit.
The association’s lawsuit seeks an award of reasonable attorneys’ fees and costs, in addition to any other relief the court deems proper.
Lawsuits and litigation by community associations against their unit-owner members should be considered only for matters that have already received substantial time and attention, and for which no other solution has been found. They are typically logged in associations’ financial statements, so they can negatively impact a community’s insurance rates/renewals as well as loan approvals from banks and credit unions for both the association and the owners.
However, in cases such as how this one appears, directors owe their fellow unit owners a duty to take action after other reasonable measures have failed. They should rely on the justice system to serve the purpose it is intended for when owners obstinately refuse to adhere to the rules and policies they had agreed to follow upon joining the community.
By CHRISTYNE D. SANTISTEBAN/Miami Herald
