BOCA VIEW CONDOMINIUM ASSOCIATION – A CONDO FROM HELL?
Opinion By Jan Bergemann
Published April 17, 2021
Well, there are nice places to live – and there are not so nice places. And then there are places some owners call “THE CONDO FROM HELL!”
One of these “Condos from Hell” seems to be the Boca View Condominium in Boca Raton, an association of only 72 units.
In the moment our nation is obsessed with the so-called CANCEL CULTURE. So, according to recent events, this condominium should get cancelled, or not?
Certain Democrats claim that requiring photo ID’s for elections is racist – and everything that can be considered racist should be cancelled – so we hear?
Guess what? This condo now requires a photo ID in order to run for the board as stated in their published RULES AND REGULATIONS GOVERNING ELECTIONS FOR THE ASSOCIATION'S BOARD OF DIRECTORS.
But this is just the tip of an iceberg formed by a myriad of lawsuits as documents from the Palm Beach County Court and the 2. District Court of Appeals clearly show. According to all these court files attorney Rob Rubin from the Becker Law firm makes a great living by suing every owner who dares to ask for public documents or is questioning the acts of the board, a board that momentarily only consists of two board members. According to statements made at a town hall meeting the board president Diana Kuka is running the association with an iron fist, unwilling to do “Business in the Sunshine”.
Since many years owners are trying in vain to get the so-called public documents of the association. Owners complained at a public town hall meeting to then DBPR Secretary Halsey Beshears about the lack of support by the Division of Florida Condominiums, Timeshares, and Mobile Homes, since the Division is plainly refusing to enforce the law as stated in FS 718.501(d) 7. If a unit owner presents the division with proof that the unit owner has requested access to official records in writing by certified mail, and that after 10 days the unit owner again made the same request for access to official records in writing by certified mail, and that more than 10 days has elapsed since the second request and the association has still failed or refused to provide access to official records as required by this chapter, the division shall issue a subpoena requiring production of the requested records where the records are kept pursuant to s. 718.112. (SHALL is the magic word in this paragraph)
Former DBPR Secretary Halsey Beshears is no longer in office and the owners are still waiting for promises made at that town hall meeting in 2019.
Why do owners pay $4 annually for the Division of Florida Condominiums, Timeshares, and Mobile Homes, if this Division plainly ignores the laws initially created for the protection of these owners? Instead of the help promised at the town hall meeting, owners who voiced their concerns are being sued by the association. I was always under the impression that our legislators enacted in 2004 the so-called Anti-SLAPP (STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION) suit laws – see FS 718.1224 -- Prohibition against SLAPP suits.
Which leaves me with the question: Why is our legislature creating laws if the government agencies, tasked with enforcing these laws, are plainly ignoring them?