BY: STAFF REPORT | BocaNewsNow.com
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2021 MetroDesk Media, LLC) — The condominium association in a major Boca-area development is being sued for breach of contract by the owner of a unit.
The Promenade at Boca Pointe Condominium Association is accused of making up rules to prevent condo owners Gerardo and Ana Vizcano from leasing their unit for a full year.
If the allegation is substantiated in court, it will be the latest example of local HOAs and COAs implementing rules and restrictions that were never recorded with the Palm Beach County Clerk of Courts. Florida laws and statutes require that homeowner associations (and condominium associations) follow specific rules and regulations when implementing new rules and regulations.
According to the lawsuit just filed in Palm Beach County Circuit Court, the only rule in effect when the Vizcainos tried to lease their unit last year was language standard throughout much of South Florida — you can’t rent for less than 30 days. In fact, most communities ban leases that run less than a year. So the Vizacainos assumed they’d be fine once they secured someone who wanted to lease their unit for at least 12 months.
But the Board of Directors apparently said “no,” claiming a new rule was in effect. But that rule was never voted on in an official manner, and never recorded with the Palm Beach County Clerk of Courts.
From the lawsuit: “The Association importantly and arbitrarily set new rental restrictions; the Association improperly and arbitrarily denied the Vizcainos’ application to rent their unit contrary to the Declaration of Promenade and the Declaration of Promenade III; and The Association improperly enjoined the Vizcainos from renting their unit, which they are entitled to per Article 18 of the Declearation of Promenade III.”
The suit seeks a court order permitting the Vizcainos to lease their unit, in addition to damages in excess of $30,000 — the statutory minimum for filing in circuit court.
Read the complete suit, below. If it does not appear, access it here.
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