CAI - Association May Use Unit Owner to Prevent Violence

CAI - Community Associations Institute

Association May Sue Unit Owner to Prevent Violence
Casa Del Mar Condominium Association, Inc. v. Richartz, 9 Fla. Law Weekly D 1750 (Fla. Dist. Ct. App. 1994)
Community Association Law Reporter, April 1996

POWERS OF THE ASSOCIATION: A court rules that a condominium association has standing to sue a unit owner to enjoin the owner from future acts of violence.

Richartz, a unit owner of Casa Del Mar Condominium, met with the president of Casa Del Mar Condominium Association, Inc ("association") to discuss renovations to his unit. During that meeting, Richartz threatened the president, assaulted him, and prevented him from leaving the room. The association sued Richartz to enjoin him from further violent behavior against the association, its board of directors, its employees, and other residents.

In addressing whether the association had standing to sue Richartz, the court looked at Section 718.303 of the Florida Condominium Act. That section states that an association has authority to seek injunctive relief for violations of the condominium's governing documents. Casa Del Mar's declaration and bylaws prohibited "any use or practice ... [that] interferes with the peaceful and proper use of the property by its residents." Therefore, the court determined that the association had standing to sue Richartz.