Monday, May 14, 2012

Q. How many times has the Condo been sued?

A)  Twice since I have been here.

One suit involved 2 Owners who had expensive motorcycles stolen during a time when the gate was broken and the VCR taping was kaput. Neither of the Owners are here anymore but they received a 'settlement' from the Insurance company. Details unknown but it didn't cost us anything directly as the insurance covered it. The Concord management company and BOD's of the time were unhelpful. Both the gate and camera system should have been working and I hope the Owners got a decent settlement, but such things are 'usually' settled with a confidentiality agreement so we won't know the results.

The other suit was mine and is covered front to back at:
http://nautiluscovesuit2008.blogspot.com.   I refused any confidentality agreement and with the matter 2 weeks from trial the Condo Assn. 'settled' and agreed to pay my $7,000 in legal costs. The only thing I had ever asked was that the condo documents be enforced.  The matter involved inappropirate rentals in the 7 building where one realty firm owned 4 units and allowed 3 of them to be used as dorms for imported foreign workers.   9 months of complaints, warning letters from my attorney and 2 yrs and 363 days in court resulted in the 'settlement' with total expenditures to Owners here of nearly $11,000.

As with the other Owners suit, I found Concord Mis-Management and the then developer controlled BOD, to be totally useless and entirely unwilling to enforce condo documents. Today several of our previously ignored regulations are actually being enforced (rentals and pets as examples). Hopefully our Owner controlled BOD will not let such things be ignored as has happened previously.

One note FYI:   Per both Florida Statutes and condo documents, any suit involving the Condo Assn. and Owners will result in the loser paying all costs, so if you sue, make sure you are going to win. In my case there was never any doubt I would win, it just took nearly 4 years in total.