Opinion By Jan Bergemann
August 24, 2006
This court battle deals with a window. The association claims the unit owner was not authorized to replace that window.
CARIBAY CONDOMINIUM ASSOCIATION, INC. in Clearwater filed suit against unit
owner Alysia Ross, claiming that she replaced a window without the
And -- again as usual -- the judge finds that the language of the governing documents contains “sufficient ambiguity” -- and ruled in favor of the defendant -- the unit owner. Please read the
transcript of the court's ruling for more details.
Look at this lawsuit and the ruling by the judge, who even stated, "the window in question is not observable and does not change the uniformity.”James DeFurio, attorney for the condo association, clearly failed to convince the judge that the unit owner violated the deed restrictions. The Final Declaratory Judgment makes it very plain that the judge considered the lawsuit brought by the association had absolutely no merits. The judge even issued the DIRECTED VERDICT without listening to the attorneys for the defendant! In my opinion that demonstrates that this case was really without any merit!
Which leaves us again with the question:
Why file these lawsuits in the first place?
$100,000 to fight over a window the judge even considered (quote) "not observable"?
When will we finally see reforms created that will prevent these kinds of outrageous costs for lawsuits that in my opinion are frivolous?
Day One this lawsuit had no winners. The
only losers were the condo owners who had to pay the legal costs!