For nearly five years, Amelia Owens has tried to sell her condominium at Boca View in Boca Raton. She has had willing buyers. But each time, the sales fall through.
According to a lawsuit filed in Palm Beach County, the obstacle is the condo association board and its president, Diana Kuka. The complaint alleges she refuses to act on the sales despite court rulings several years ago that the association’s bylaws do not give it the authority to withhold approval.
The lawsuit alleges that Kuka and the board failed to take any action on the contracts, which is same as if the board denied approval. And the lawsuit alleges that the condo bylaws at Boca View do not specifically state that approval of sales is needed and, therefore, the board has no right to tell title companies that it has decided not to approve a sale.
Why has the Boca condo board refused to approve Owens’ contracts?
Owens’ lawyer, Rosana Naverez, alleges that Owens rejected a low offer from Kuka for Owens’ condo. “This is all about retribution,” said Navarez. In a court filing, though, Robert Rubin, the condo board lawyer, called the accusations “a figment of Plaintiff’s imagination.” Owens’ lawsuit also alleges that Kuka also wants to control as many units as possible. She and her brother already own nine of the 72 units in the complex along Spanish River Road.
What do the condo bylaws say?
Condo boards often have the authority to approve or deny sales, but Owens’ lawsuit contends that Boca View’s bylaws do not grant that authority. They have to specifically state that the board has the ability to approve or deny all sales contracts.
Are there previous court cases addressing the issue?
Yes. The Fourth District Court of Appeals ruled in 2020 that the Boca View bylaws do not give the board the ability to veto sales. Another owner brought that lawsuit, and the court ruled that the board could not block the sale. And, according to Navarez, the board, despite the court ruling. continues to fail to act on some sales contracts, forcing owners like Owens to file lawsuits. Should Owens prevail, Navarez is expected to force Boca View to pay her legal fees. which could amount to more than $100,000.
Why does it matter?
A title company is likely to refuse to issue title insurance without the condo board’s approval of the sale. Eventually, buyers walk away rather than buy a property with a cloud on the title. “There is no way to close,” according to Navarez.
Has Boca View been involved in other litigation in recent years
Yes. At issue is a contentious lawsuit alleging that Boca View has failed to provide access to condo records. Both state and federal courts have ruled that the board improperly failed to allow another owner to inspect condo records. The board has appealed those rulings. State courts have already ruled that Boca View must pay the owner’s legal fees of more than $100,000. A federal magistrate has called the appeals meritless and “factually and legally frivolous.” He sanctioned the lawyers who represented Boca View. The appeal in state court it pending.
Mike Diamond is a journalist at The Palm Beach Post, part of the USA TODAY Florida Network. He covers Palm Beach County government. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today.
This article originally appeared on Palm Beach Post: Can a Boca condo block sales? Five things to know about the issue
Reporting by Mike Diamond, Palm Beach Post / Palm Beach Post
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