A Boca Raton condo owner has taken her association and its longtime president to court, accusing them of illegally blocking her efforts to sell a long-empty unit and stonewalling requests to remove asbestos. The lawsuit, filed in Palm Beach County circuit court, says their conduct has stretched on for nearly five years, leaving her stuck paying fees on a home she cannot unload. It asks a judge to order the association to stop interfering with her sales, allow asbestos remediation, and award damages and attorney fees.
As reported by the Miami Herald, the suit was filed by unit owner Amelia Owens and names Boca View Condominium Association and its president, Diana Kuka, as defendants. Owens’ complaint claims the board repeatedly refused to process sales contracts and that the association denied three separate contractors’ applications to remediate asbestos in her unit.
What the complaint says
The complaint alleges that two purchase agreements made it to contract stage, only to stall when the association allegedly told title companies that board approval was required, a claim the suit says was false and fatal to the deals, according to reporting by the Palm Beach Post. The filing also contends that Kuka and her brother, who provides maintenance services at the property, have used the board’s approval processes to scoop up units at discounted prices after other owners’ sales collapsed.
Prior rulings that undercut the board
Owens and other owners point to earlier court decisions that they say undercut the association’s position. The complaint cites a 2008 circuit-court order and a 2020 Fourth District Court of Appeal opinion, Cool Spaze, LLC v. Boca View Condominium Association, which found that Boca View’s governing documents do not give the board the power to veto sales. That 2020 decision is frequently invoked by owners and lawyers who challenge the association’s sales practices.
Association response and stakes for owners
In a court filing, the association dismissed the allegations as “a figment of Plaintiff’s imagination” and argued that Owens’ late husband carried out unauthorized work in the unit that triggered Boca Raton code citations, the Miami Herald reports. Owens’ attorney has said potential fee awards could exceed six figures if she wins, a number highlighted in earlier coverage by the Palm Beach Post.
What happens next
Local outlets report that Owens has a pending hearing and that the case is scheduled for trial in August 2026, with earlier court activity taking place in June. WPTV notes that the lawsuit seeks an injunction blocking the association from requiring sales approvals and compelling it to allow asbestos remediation.
Why it matters
The case is the latest flare-up in a long-running dispute at Boca View that has already spawned multiple court fights and fee awards. It also underscores a broader legal theme in Florida condo law: courts here strictly construe condominium declarations when associations claim sweeping control over unit transfers. Legal analysis from the Florida Bar’s RPPTL section that reviewed the Cool Spaze opinion warns that vague language in governing documents will not give condo boards blanket veto authority over sales, a principle that could loom large in Owens’ case.
