Condo Retaliation Very Common In Florida, Expert Says

Condo retaliation is a real problem for residents. And according to an expert, it’s more common than most people think.

Residents Punished for Exercising Rights

There are many condominium associations in Florida. These associations are responsible for the maintenance and upkeep of common elements, with unit owners funding such expenses through condo fees. Unfortunately, some condo associations take it a step too far and abuse their power. When called out by residents, these associations might retaliate.

Condo retaliation is a common practice, says former Sunny Isles mayor and real estate attorney Dana Goldman. In a recent episode of the Anti-Social Podcast, Goldman talked about the Surfside Champlain Tower collapse in 2021. The tragic incident sparked conversations about insufficient reserve funding and even led to new condo safety laws. For condominiums, the Surfside collapse triggered increased assessments and a looming threat of higher insurance premiums.

It is normal for a condo association to raise fees to accommodate the budget. However, residents also have the right to examine the association’s financial records to ensure their fees are being spent correctly. It is their way of holding their association and board accountable.

While some condos furnish residents with these records freely, others get defensive. According to Goldman, it is even common for condo associations to retaliate against residents who attempt to exercise their rights.

“The story is 100% incontrovertible truth that once you become that unit owner that’s requesting and questioning what is the operations and what’s happening, you will be a target,” Goldman shared. “And the incumbent board and council will use the full brunt and the force of their authority to ensure that happens.”

Instilling Fear in Condo Communities

Thanks to condo retaliation, many residents have grown fearful. They wish to protect their community, exercise their right as unit owners, and hold board members accountable. But, merely questioning the association’s choices and actions can put a target on their back.

This is exactly what’s happening at Key Colony’s EmeraldBay, a condo under criminal investigation for misappropriation of funds. When questioned by authorities regarding the situation, residents refused to go on the record out of fear of retaliation.

Still, some brave condo residents choose to speak against the oppression their associations have put them under. They know they have a right to condo records under the Florida Condominium Act.

“You have an absolute right to those records, and the association can’t tamper with or remove that information. Also, as a unit owner, you have a right to, if you pose a question,” Goldman explained.