In the intricate web of condominium living, unit owners possess certain rights designed to safeguard their interests and ensure fair treatment within their community. However, these rights may sometimes come under threat from retaliatory actions orchestrated by condo associations. This article delves into the legal protections available to unit owners under Florida condominium law, empowering them to defend against retaliatory conduct effectively.
Understanding Retaliatory Actions
It is no secret that Condo boards treat unit owners that push for transparency, honesty, and exercise their rights for open meetings and document inspection reports with contempt. The amount of news stories regarding unit owners that exposed wrong doing or poor decisions only to be vilified and retaliated against are everywhere. Retaliatory actions refer to any adverse measures condo associations take against unit owners in response to exercising their rights or lodging complaints. These actions can manifest in various forms, including unjust fines, restrictions on amenities, or even harassment aimed at coercing compliance with association directives. Condo boards have served unit owners with cease and desist letters and sued for defamation. Fortunately, the new Florida law changes provide some new safeguards to unit owners. Hopefully, the next legislative session will provide more.
Legal Protections for Unit Owners
In Florida, unit owners are afforded substantial protections under §718.1224 of the condominium law. This statute prohibits condo associations from retaliating against unit owners for exercising their rights, such as filing complaints or participating in association governance. It is now unlawful for the board to serve a cease and desist or file a complaint for injunctive relief or defamation so long as the unit owner was in good faith and protecting the condo or his/her interest. The condo association may not file a lawsuit, cross claim, or counterclaim against a condominium unit owner without merit and solely because such unit owner has exercised the right to petition for redress. In other words, the Condo Association may not sue unit owners who addressed matters concerning their condominium association. Such claims are subject to a motion to dismiss or summary judgment. Not only can the unit owner get attorney fees, but the court may award damages. Further, the unit owner may be awarded treble damages. Lastly, the condominium association may not expend association funds in prosecuting a SLAPP suit against a unit owner.
Public Criticism and Advocacy
In the age of social media and online forums, unit owners possess powerful platforms for voicing grievances and garnering support. Public criticism of association management can exert significant pressure, compelling associations to address issues promptly and transparently. However, the unit owner needs to be in good faith have supporting evidence for his/her facts.
Communication with Condo Associations
Open and constructive dialogue between unit owners and condo associations is paramount in fostering harmonious community relations. Proactive communication can preempt conflicts and facilitate mutually beneficial resolutions. The State of Florida did make changes to §718..111 & §718.112 regarding official records and notices & meetings to add more transparency. Unfortunately, many management companies and boards already fail to follow the old law, so unit owners will have to exercise their rights. There are new actions for recourse and DBPR has more jurisdiction. The board members and managers may also face criminal charges for violations. The additional resources available to unit owners and prevention of retaliatory legal action should help secure open communication between the condominium boards and unit owners.
Seeking Legal Assistance
In cases involving retaliation, unit owners may enlist the expertise of legal counsel specializing in condominium law. Trusted attorneys can offer guidance and representation throughout the resolution process.
Educating Other Unit Owners
Empowering fellow unit owners with knowledge about their rights and recourse mechanisms strengthens the collective resilience against retaliatory behavior. By fostering a culture of solidarity and advocacy, communities can fortify themselves against undue coercion. An attorney competent in condominium law should be able to direct you and your fellow owners to free education seminars that are online or in person.
Avoiding Retaliatory Behavior
Condo associations, too, bear a responsibility to uphold the rights of unit owners and refrain from engaging in retaliatory conduct. By cultivating an environment of transparency, fairness, and respect, associations can mitigate conflicts and foster trust among residents.
Conclusion: Protect Your Rights with Coquina Law Group
In the dynamic landscape of condominium living, exercising and safeguarding your rights as a unit owner is paramount to maintaining a harmonious and equitable community environment and maintaining property value. Retaliatory actions by condo associations can disrupt this balance, but with the support and guidance of Coquina Law Group, you can confidently navigate legal complexities and defend against injustice. Our team of experienced attorneys routinely practices condominium law, offering personalized solutions tailored to your unique circumstances. From filing complaints with governmental agencies to pursuing civil litigation, we stand by your side every step, ensuring that your rights are upheld and your voice is heard.
Take proactive steps to protect your rights and preserve the integrity of your condominium community. Contact Coquina Law Group today to schedule a consultation and discover how we can advocate for your interests with skill, dedication, and unwavering commitment. Let us be your trusted ally in pursuing justice and fairness within your condominium association.