DELRAY BEACH · Mark Behar only wanted to make improvements to his condo and never meant to anger the members of his condo association's board. Instead, Behar said, his life was threatened and he remains concerned about his safety.

Embroiled in the middle of a recall election earlier this summer, Carol Berger felt the wrath of dissidents within her Delray Oaks West condo community during a meeting and heard some ominous statements.
Not wanting to take any chances, she called police and asked for extra patrols in the neighborhood.

Condo disputes commonly turn ugly, police say, and occasionally officers are called in to keep the peace and prevent anyone from getting hurt.

"When people become emotional about an issue, it's possible for the situation to escalate to the point of violence," said Delray Beach police Lt. Marc Woods. "When you volunteer and become a board member for an association, you're putting yourself in harm's way for the decisions that the board makes. ... You can become a bull's-eye."
For Behar, who bought his Delhaven condo on A1A in Delray Beach in 2001, the situation has reached the point that this week he sought a restraining order against a former member of the Delhaven board.

Issues at Delhaven have been brewing since March, but Behar obtained the restraining order because of an Aug. 15 incident documented in police reports.

Behar had posted a legal notice in the mailroom and found it torn to pieces on the floor. He then asked two residents to witness him posting another copy of the notice, which was a legal demand to fill three vacancies on the board.

Behar told police that John Cicala, a former member of the board, then walked into the room and told the witnesses to leave because he needed to talk to Behar alone.

"This guy charged past them and got into my face," Behar said. "He threatened me with bodily harm. Honestly, it was a scene out of The Sopranos."

One witness confirmed to police in a sworn statement that Cicala did threaten to kill Behar.

Another witness, former board member Joe Esposito, said he wasn't paying attention to the commotion because he was about to head to an appointment.

"All of a sudden there was a lot of yelling and screaming," Esposito said.

Cicala could not be reached for comment. Police are still investigating whether to file charges.

The volatility of neighbor disputes, Woods said, can sometimes be attributed to one thing: money.

"Some of the boards commit to improvements that not all parties are in agreement with," he said. "There are some people who don't want the board to spend any money if they don't have to, and there are people that get emotional about it."

Woods said his concern is not with the dispute itself, but with maintaining order.

"It's possible for the situation to escalate to the point of violence," he said. "I have gone to some of these emotional meetings to keep the peace and try to mediate and give recognition to board members that are volunteering their time. People really need to be conscious of the gravity of the issue they're dealing with before they get emotional."

Berger, who was defeated in a recall election of the Delray Oaks West board, said problems arise when homeowners don't read the rules of their association.

"Ignorance is no excuse," Berger said. "That, to me, is the whole thing."

Berger said she called police because she heard some people in attendance at a recall meeting make threatening statements such as, "We know where you live."

Having already dealt with vandalism when she found soda in her gas tank and her car keyed, Berger requested extra patrols at the neighborhood off Congress Avenue.

"My fear is that these people are very childish," she said. "We are all supposed to be grown-ups in a community."

But it's not immaturity that leads to strife among residents, said Boca Raton attorney Henry Handler, whose firm specializes in condo and homeowner association law.

"I think the high energy of these meetings is exacerbated by the fact that these decisions have to do with something very personal to the folks in attendance and the people running the meetings: their homes," Handler said. "Some are nervous, it represents their last major investment of money, and they sometimes have a belief that their association isn't exercising the right kind of care in order to preserve their investment."

Handler said he has attended membership meetings in which scuffling has broken out, threats of physical assault have been made and people have had to be restrained.

The key to avoiding conflict, Handler said, is communication.

"If leadership and management take the time to explain the need, most will understand a well-reasoned explanation about why an expenditure has to be made to protect investment," he said. "There has to be a sensitivity on the part of the management or board that this is a significant investment of the individual member."

Behar said he received nothing but grief from some board members who may have resented his involvement in condo matters.

Behar, who ran for the board earlier this year but lost, said he tried to bring legitimate matters to the attention of the board, such as an expired elevator certificate and expired insurance coverage.

"They know they're wrong, they can't admit it," Behar said.

Esposito, the board member who resigned, said some of Behar's concerns may have been taken the wrong way by a few residents.

"I'm not surprised at anything that goes on around here," Esposito said. "Things are getting out of order around here."