An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc. 

Published August 16, 2007

After many years of frustrating legal arguments some families living in the KEY COLONY NO. 4 CONDOMINIUM ASSOCIATION, INC. in Key Biscayne finally could put to rest the problem that gave them many sleepless nights: The fear of eviction from their homes -- a threat often used by board members of this condominium association. A lawsuit alleging violations of the Federal Fair Housing Act and the Florida Fair Housing Act was finally settled by a Consent Decree and Settlement Agreement. 

This settlement agreement was long overdue and the case could have been laid to rest years ago if common sense had prevailed and the condo board had been willing to come to the table in good faith.  Please don't forget, this lawsuit not only listed the association as defendant, but as well the five board members, Maria Bueno, Morton Pollack, Charles Nash, Arthur Hanlon, Michael McCoy and property manager employed by the board, Carol Pasch.

After the Motion to Dismiss failed in January 2007 it was just a matter of time before the defendants finally caved in and signed the settlement agreement. But it surely was too late to avoid the waste of estimated more than $2 million in association money. 

The well-known Miami Fair Housing attorney, Matthew W Dietz, who according to the plaintiff condo owners did an excellent job of bringing the case to a happy ending, was very frank in a telephone call when he stated that too many people just feel that they can violate the Federal and the Florida Fair Housing Act. 

Too many families just don't have the financial means to fight these attacks on their rights, being bullied by opinionated neighbors, who are often fed wrong information. Families fighting for their rights are quickly labeled "trouble-makers" and "disgruntled" and often told that they should move out if they don't like it. 

Don't like what? The dictatorial opinions of certain board members with a private agenda? Florida's condo laws have given some power-hungry folks, often unqualified for the job as board members, too much power -- and we see this power abused on a daily basis.

Plaintiff Teresita Gyori, who had tried on many occasions to get help from government agencies like the DBPR, stated in a telephone interview that she was disappointed about the agency's unwillingness to do anything to avoid this looming disaster. In a DBPR town hall meeting in Miami City Hall on July 17, 2006 she tried to persuade DBPR executives present at the meeting to get involved -- not even the slightest interest was shown according to her words. The Gyoris are glad that the ordeal is finally over and hope that their home will be as nice and peaceful again as it was before the discrimination lawsuit.

Gyori’s own experience made her appreciate legislators like State Representative Julio Robaina even more, who (quote) "has recognized the problems in our associations and is willing to fight for our rights. He and some others like Dr. Virgil Rizzo gave me the strength to live through this ordeal that threatened to destroy my family!"    

State Representative Julio Robaina (Distr.117, R - Miami), who has followed this case closely, said: (quote): "This is another classic example of why the laws of the State of Florida need to be reviewed and changed. Additionally, it is evident that we must educate all homeowners on their rights and encourage them to get involved and have oversight over the actions of their board of administration."  

I have followed many of these lawsuits and came to the conclusion that this was just another case where huge damage to association funds could have been prevented if not for the apathy of many owners. Homeowners and condo owners living in these associations have to realize that irresponsible board members can create huge holes in their wallets -- and that it is too late to act after a settlement is signed or a verdict came down. Owners have to act and stop the financial bleeding of an expensive lawsuit -- especially if punitive damages may be an issue -- and remove the board, either by election or recall. Board members, who started the lawsuit, are not good judges over their own actions and are often unwilling to stop the lawsuit, even if they realize they are wrong. Two reasons often stop settlement procedures: Board members think that it's not really their money at stake -- and they would have to admit they were wrong in the first place. Too much to ask from many board members who took the job “to improve their social standing." They will fight -- and spend legal fees -- until the bitter end, unwilling to admit defeat!

As usual in these cases, the neighbors will now blame everybody else involved for wasting their money in a "stupid" lawsuit! Have they ever considered that they themselves could have stopped these shenanigans that now turn out to be very costly for the condo owners?

Apathy and unwillingness to get involved can be very costly!