Florida Supreme Court declines to hear Boca View condo board’s appeal. But is it over?

Florida: The Florida Supreme Court recently decided not to hear an appeal from the Boca View Condominium Association. This follows a trial loss in October 2022, where a unit owner fought for access to the association’s financial records.

Now, the case is back in the trial court, and there are still some unresolved issues. This could mean more legal wrangling for the condo board, which has already faced a long and costly battle over record requests at their 72-unit complex near the beach.

On November 27, the court declined to take on the case, leaving the association to deal with the remaining matters, including how much they owe in legal fees. Andrew Schwartz, an attorney for the unit owners, called it a tough blow for the association.

The whole situation has been a back-and-forth saga between the condo board, led by president Diana Kuka, and several unit owners. It all started back in February 2019 when Eleanor Lepselter and her husband wanted to inspect the financial records. They even hired a lawyer to help with that.

But things got messy when the association said only Eleanor could look at the records, not her lawyer. This led to a legal fight that has dragged on for years. An arbitrator had already ruled in favor of the Lepselters, saying they had the right to choose their representative for the inspection.

The association tried to argue that the Lepselters were acting on behalf of other owners, which complicated things further. There were also claims about whether the association could deny access to records based on “good faith” requests.

In December 2022, a trial court sided with the Lepselters, stating they had the right to choose who could access the records. The association didn’t take that lightly and appealed the decision, claiming they were the real winners in this mess.

Despite their efforts, the courts have consistently ruled against them. In 2023, they finally allowed the lawyer access to the financial records, but the Lepselters claimed that access was limited and not sufficient for a thorough inspection.

The Lepselters have chosen to stay quiet after the Supreme Court’s decision, while other unit owners are left wondering about the future of their condo association. Some, like Eileen Breitkreutz, are frustrated with the lack of follow-up from state officials regarding their requests for financial records.

The Supreme Court’s decision has settled some aspects of the case, but many questions remain. The trial court still needs to figure out how the association will comply with requests for further inspections and settle various claims that have popped up over the years.

With over 300 filings in this case, it’s clear that this legal battle is far from over. The trial court must also determine how much the Lepselters will receive in attorney fees, which could add more complexity to an already tangled situation.