Six years ago, Florida condo owner Eileen Breitkreutz filed a request to review her condo association’s financial records, as is permitted by state law. What Eileen didn’t know though, is that the COA – Boca View Condominium Association – had the ability to not only fight this request, but file a lawsuit for Eileen to foot the legal fees accrued by the COA while fighting the request. 

A Florida judge ruled in the condo association’s favor and ordered that Eileen owes them almost $400,000 for the reimbursement of the association’s legal costs. Eileen was never able to review the financial records and now faces the possibility of bankruptcy and the sale of her home. 

Does Florida Law Support Home & Condo Owners? 

State law allows home and condo owners to request copies of the association’s financial records to ascertain how annual dues are being allocated in the community. However, many HOAs and COAs will fight owner requests for these records, presumably because the association has something to hide about where the funds are going and how they are being utilized.

However, there’s nothing in the state’s statutes that prohibit associations from fighting these requests in court with high-powered, expensive attorneys and receiving a judgment in their favor. 

This is precisely what happened to Eileen, who exercised her homeowners’ rights and was penalized for something she was legally allowed to do. Boca View Condominium Association was able to circumvent her request via the court system and then offload the costs of doing so. Because COAs and HOAs have the ability to litigate requests for financial records despite the law allowing owners to ask for them, it is often the association that comes out on top.     

Call Today For Experienced Florida Real Estate Litigation Representation 

Are you involved in a real estate dispute with your HOA or COA? Don’t wait to secure experienced legal representation to protect your best interests. You can be sure that if you’re going up against a home or condo owner’s association, they will have the best legal team your annual fees can afford and your chances of winning will be slim to none, even if you’re in the right. 

Call Feinstein Real Estate Litigation & Business Law today for a consultation at our Fort Lauderdale office by dialing 954-767-9662. We can help you protect your rights as a Florida condo owner.