Posted By: The Ticktin Law Group
A condominium is a building or group of buildings containing a number of individually owned apartments or houses (in the case of a planned unit development) containing common elements that may be used by all owners. Condominiums are extremely common in Florida. Each condominium association has certain rules and regulations (also known as covenants and restrictions) in place to ensure that the building is kept up and runs smoothly. These rules and regulations are necessary to make sure the condominium owners are paying monthly or quarterly maintenance assessments and are not acting in a manner as to place the condominium building and its common elements in jeopardy. For instance, a condominium may have an “Ingress and Egress ONLY Policy” for dogs that live in the building. In other words, all owners with dogs can’t linger in the lobby, causing clutter and/or facilitating possible fighting between other dogs that live in the building. The building may also impose certain other restrictions when it comes to animals living in the building. However, a legal issue arises when the condominium association selectively enforces covenants and restrictions.
Specifically, an association attempting to enforce a covenant or restriction against one unit owner, while allowing another unit owner to violate the same restriction, without consequences, constitutes selective enforcement under Florida law. There is significant case law disallowing selective enforcement by condominium associations and the issue becomes more egregious when the unit owners who are given a “pass” are on the board. The selective enforcement argument is very complex and should only be undertaken by an experienced attorney well versed in the nuances of condominium law, especially since the individual brining forth the selective enforcement claim has the burden to prove its truth.
Contact the attorneys of The Ticktin Law Group to assist you with condominium selective enforcement issue and/or any other legal matter you, a friend or a loved one may have. The attorneys of The Ticktin Law Group offer complimentary legal consultations.