Homeowner Insurance In Miami

Nuisance provision in association documents can backfire

Most of the condominiums and documents of the Association of Owners "contain a covenant prohibiting nuisances. Some cards use this provision to label the owner a "nuisance" for various offenses that may or may never rise to the level of a legal nuisance. There may be occasions when the alleged activity is so obvious that this action is justified. There are other times when a minor dispute can escalate into total war, and the Covenant waves are abused to target a "troublemaker."

It seems the latter occurred eight years ago for Nancy Wear, a homeowner who just happened to also be a former police officer and practicing attorney with many years of trial experience. Tired of hauling junk mail to her condo unit, Wear asked the Alca Condominium Association, Inc. in Miami to provide a wastebasket, presumably by the mailbox. When the association refused, she began dropping mail in the hallway. What should have been a simple matter escalated.

In circumstances like this, emotions run high on both sides. Rather than resolving what appeared to be a minor dispute, the association declared legal war. The association’s attorney at Becker & Poliakoff filed for arbitration to declare Wear a “nuisance” and even to have her evicted from her home. The association obtained an arbitration order against her. Wear challenged that arbitration order in circuit court and obtained a jury verdict in her favor. A Miami judge reversed the verdict, claiming that Wear “defaced” condo postings. Not to be deterred, Wear appealed that to the Third District Court of Appeals. On April 7, 2010, the appellate court reversed the lower court’s ruling and sent it back to the circuit court to reinstate the jury verdict.

Finally, on June 7 of this year, a different circuit court judge awarded Wear attorney’s fees and costs for a total of $201,347. The association’s insurance company sent a check to Wear – which Wear promptly used to pay off her mortgage to ensure that she would stay in the condo.

Condo Owners Should Check Association Insurance ... - NBC Miami

Insurance specialist Jose Palacio wouldn’t comment on Hinogosa’s case specifically but said that normally the association policy will cover the exterior of the building, unfinished dry walls, floors and ceilings, also air conditioning, among other things. What's not covered are wall, floors, and ceiling finishes,electrical fixtures, appliances, built in cabinets and vanities.

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