Howard and Melissa
Fellman say it’s bad enough that they lost their lawsuit to
prevent an investor from terminating their Boca Raton
condominium and forcing them to sell their unit for a
below-market price.
Then the Fellmans watched a court in Miami side with condo
owners there who waged a similar fight. Yet the couple say
they can’t use the ruling to compel their district court to
reconsider its decision.
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Melissa and Howard Fellman stand in front of their condo at Crystal Palms Apartments on July 15, 2022 in Boca Raton. |
“I am still not sure what I did wrong
and/or what Melissa and I could have done differently to
have kept the free-and-clear condo in our possession,”
Howard Fellman wrote Gov. Ron DeSantis on July 16 in an
email begging him to intervene.
“Simply put, we bought a beautiful condo 32 years ago that
was supposed to be our forever home. We have never been late
on a mortgage, a monthly condo fee, a special assessment, an
insurance premium or a tax. My wife and I worked very hard
for the right to make that claim. This is so unjust.”
But a spokeswoman for The Scully Company, which operates the
complex under the name Complex Palms Apartments, contended
in a statement to The South Florida Sun Sentinel that the
company made the decision to terminate the condominium
“after years of enduring Mr. Fellman’s dissonance as it
related to him sharing financial responsibilities associated
with his rental unit.”
Howard Fellman cites a list of issues with how money at the
condominium has been spent and reported, including its use
of association property for what he says is the operation of
the apartment complex.
When The Scully Company filed notice of its intention to
seek termination in 2021, it offered the Fellmans $210,000
for their unit, saying the price was determined by an
appraiser it had hired, Howard Fellman said.
While the Scully spokeswoman said the price offered was
“above market value plus closing costs,” Howard Fellman
contends that a Zillow search shows his property is worth
more than $300,000.
On Monday, Howard Fellman’s attorney sent a letter to Scully
objecting to its acquisition price and other terms of its
proposed settlement, including the fact that the appraisal
was conducted more than three years ago and the offer fails
to credit him with 2.5% of the association property that
includes Fellman’s building and all of the recreation areas
and offices.