Florida legislators
thought they had finished their work in protecting
condominium residents.
Not so fast.
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Eileen Breitkreutz, a condo unit owner at Boca View, on Thursday June 9, 2022 in Boca Raton is stuck with a $400,000 legal bill after losing a years-long court battle that began with a request to inspect her condo board's financial records. |
Palm Beach County Circuit Judge Donald Hafele last month ordered Breitkreutz to pay more than twice the market value of her own condo in a judgment stemming from that simple request. The total amount due in the final judgment: $395,553.85.
This is justice? It
looks like an act of intimidation to prevent condo owners
from asking questions.
Only about $15,000 would go to the condo association. The
rest will go to the Becker law firm (formerly Becker &
Poliakoff), which the association hired to fight Breitkreutz.
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Palm Beach Circuit Judge Donald Hafele in an unrelated court case from 2018. |
Breitkreutz’s attorney
emailed the condo association. Ten days later, the attorney
said, the association had not responded. Breitkreutz
concluded that she wouldn’t get a second chance, so she went
to arbitration.
The arbitrator ruled that the association had “willfully
denied” the records. The condo board fought back. Becker
sued Breitkreutz on behalf of the association, challenging
the arbitrator’s ruling and questioning Bretikreutz’s
motives.
A familiar pattern
It’s a familiar pattern. The condo association board
president, Diana Kuka, has been similarly confrontational
with other unit owners. Pointe Management Group of Boynton
Beach is listed as the condo’s property manager.
Whenever the Legislature debates condo laws, the Becker firm
is close by. A former House member who proposed condo safety
reforms long before the Surfside collapse called the firm
“the No. 1 group that would fight me.”
The firm, founded in 1973 in Fort Lauderdale by Alan Becker
and Gary Poliakoff out of the trunk of a car, has grown into
a huge legal empire in 15 cities in three states.
Kuka has been the condo association’s president since 2007.
There’s likely nothing anyone can do to change that except
run against her, though her litigation record alone probably
would scare away any challenger.
Indeed, Boca View is a litigator’s paradise. In February, an
owner sued in federal court over the association’s refusal
at the start of the pandemic to allow rental of the unit to
an emergency room nurse. The suit alleges discrimination
based on potential exposure to COVID-19, which would violate
the Fair Housing Act.
Neither Kuka nor representatives for Becker responded to our
questions. In an interview with the Sun Sentinel Editorial
Board, Breitkreutz said of Kuka: “The woman is evil,” and
her actions amount to “extortion.”
To ‘live by the ocean’
Breitkreutz, a nurse
who works at Delray Medical Center, said she will have to
declare bankruptcy. She likely will get to keep her condo. A
Pittsburgh native, Breitkreutz said, “All I ever wanted to
do is live by the ocean.”
For any interested public agency or legislator, there are
intriguing leads. Here’s one: County property records list
Diana Kuka and Igli Kuka as owners and/or co-owners of nine
of Boca View’s 72 units. Breitkreutz said the Kukas are
siblings.
From this terribly true story of life in condo hell,
legislation should compel associations to turn over records
in a reasonable period of time — 30 days or less. The state
must protect unit owners from bankruptcy at the hands of
vindictive or power-hungry condo board members. This could
happen again.
There’s much shame to go around in this story. Shame on
Tallahassee if no reform comes from it.