A Boca Raton condominium board is facing accusations of illegally obstructing unit sales, despite previous court rulings stating it lacks the authority to do so. One owner, Amelia Owens, has filed a lawsuit alleging the Boca View board and its president are deliberately preventing her from selling her unit, leading to multiple failed transactions over 18 months.
Key Takeaways
- A Boca Raton condo board is accused of illegally blocking unit sales.
- An owner claims the board’s actions are retribution for rejecting a low-ball offer.
- Previous court rulings have determined the board lacks the authority to approve or deny sales.
- The condo association has a history of litigious disputes over board authority.
Allegations of Retaliation and Obstruction
Amelia Owens has been attempting to sell her condominium at Boca View for nearly five years, with four potential sales collapsing due to the board’s alleged interference. According to the lawsuit filed in Palm Beach County circuit court, the board, led by President Diana Kuka, refuses to approve sales despite a 2020 appellate court decision that affirmed the association’s governing documents do not grant the board power to veto unit transfers. Owens’ attorney suggests the board’s actions are motivated by Kuka’s alleged desire to purchase the unit at a lower price, which Owens rejected.
Furthermore, the lawsuit claims Kuka has also prevented Owens from making necessary repairs to her condo, citing a need for board approval that is never granted. This pattern of inaction effectively halts any potential sale or use of the property.
Board’s Defense and History of Litigation
Robert Rubin, representing Kuka and the condo board, has dismissed the accusations in a court filing as "a figment of Plaintiff’s imagination" and called the lawsuit a "sham." The defense argues that Owens’ late husband performed unauthorized work on the unit, leading to citations from Boca Raton code enforcement. Property records indicate Kuka and her brother own nine of the 72 units in Boca View, and the lawsuit contends Kuka’s motivation is to expand their property portfolio by preventing Owens from selling.
Boca View has a documented history of disputes regarding the board’s asserted authority. For over a decade, the board has attempted to control unit sales and transfers, leading to previous lawsuits from other owners. The 2020 appellate court ruling was a significant victory for unit owners, confirming the board’s lack of power in approving sales. Despite this, the board continues to assert this authority, causing buyers to withdraw due to difficulties in obtaining title insurance.
Broader Pattern of Legal Battles
This is not the first time Boca View’s board has faced legal challenges over its authority. In a separate case, another owner, Elanor Lepselter, sued after the board refused to allow her attorney to be present during an inspection of condo financial records. State and federal courts have ruled against the board in this matter, with one federal judge deeming the board’s appeal "factually and legally frivolous" and "filed in bad faith." The board has been ordered to pay Lepselter’s substantial legal fees, which continue to grow with ongoing appeals.
Sources
- Boca condo accused of illegally blocking sales despite court rulings, The Palm Beach Post.