MARCH 2010
CVE REPORTER
PAGE
19A
Condo News Patrick J. Murphy and Kerstin Henze General Legal Counsel for COOCVE and Master Management Patrick J. Murphy & Associates, P.A. What happens if the unit owner leases a unit in contravention of the governing documents? Pursuant to the Association’s Bylaws, the Association may notify the unit owner of the covenant violation, giving unit owner certain time within which to cure violation. If the violation is not cured within the time allotted, the Association has the power pursuant to bylaws and Condo Act to bring an action against the unit owner for breach of covenants, seeking to enjoin and restrain the unit owner from continuing to lease the unit in violation of the governing documents.
Partick J. Murphy, Kerstin Henze
If the Association prevails, it is entitled to reasonable attorney’s fees and costs incurred in bringing the action. Is the Association required to arbitrate a disagreement surrounding the removal or eviction of an unauthorized tenant before filing an action in court? No. Pursuant to the Condominium Act section 718.1255(4)(a) “prior to institution of court litigation, a party to a dispute shall petition the division for nonbinding arbitration.” Dispute is defined as “any disagreement between two or more parties that involves (a) the authority of the board of
directors under this chapter or association document to (1) require any owner to take any action, or not to take any action, involving that owner’s unit. 718.1255(1)(a). A dispute, however, does not include “any disagreement that primarily involves…the eviction or other removal of a tenant from a unit.” 718.1255(1)(b) Hence, for disagreements between the Association and the unit owners surrounding unauthorized lease of the unit, the Association can proceed with an action against the unit owner for breach of covenants and injunctive relief without first arbitrating the issue.
FPL Damage to Grantham F Text and Photos by JULES KESSELMAN FPL attempting to repair damage to one of their underground lines, caused a major break in the sewer line opposite Grantham
F. FPL’s expertise was not sufficient to repair the damage. Supervisor, Fred Scott of the Deerfield Beach Utilities Maintenance
Department and his crew were brought in to repair the damage to the sewer line. First a special camera was used to discover the extent of the break.
Then the sewerage was drained and diverted across Century Boulevard into a sewer near Harwood I. It took two full days to find, repair
and cover the hole in the ground. Luckily there was no damage to our fresh drinking water. FPL will be billed by the city for the repairs to our sewer.