The Nuisance Provision Can Backfire

by Isaac Benmergui, Esq on October 26, 2011

A condo association recently brought an action against one of their residents under the nuisance clause of the association rules. Many times condo boards bring these actions against residents who they label as troublemakers – those who question the board, have minor violations or whatever the board doesn’t like in the resident’s behavior that month. But these frivolous actions can backfire.

A Miami resident took what she considered a frivolous and unnecessary lawsuit against her by her condo association all the way to the Third District Court of Appeals. And she won. Plus she was awarded costs and attorney’s fees. With the settlement check in hand, she paid off her condo.

Condo associations might want to be certain they can win before going through what could be a long and messy battle; especially after this precedent has been set.

Getting Legal Help

The law offices of Isaac Benmergui can help you with your legal real estate needs; call 780-800-2510 or email Isaac@benmerguilaw.com for more information or to set up an appointment today.

 

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