WEST PALM BEACH — Can condo owners complain too much to staff and board members about conditions in their buildings?

Yes, if you reside at the Flagler Pointe Condominium complex, where tensions are escalating after the association lawyer ruled that “incessant complaints” from three owners amount to “abusive and harassing” conduct.

Flagler Pointe, a 404-unit complex at 1801 N. Flagler Avenue near the Nora District in West Palm Beach, was built in 2001. Many of the units have Intracoastal views. It is about a mile and a half from downtown.

One disgruntled owner, Tom Conway, is a former board member contesting the results of the January board election. He accuses the board of using its attorney to silence him. “It won’t work,” he told The Palm Beach Post.

Laura Manning-Hudson, the association's attorney, wrote a letter dated May 28 alleging that Conway and two other owners, Beverley Bernstein and Mark Barbian, have become “a nuisance” in violation of condo rules and regulations. They contend the board and its management company have failed to address their complaints regarding conditions that need attention.

Manning-Hudson, in her letter, said the complaints have become “incessant and harassing” and will no longer be tolerated.

“Your failure to comply with the Association’s demands herein will result in the Association taking legal action against you to enjoin such harassing behavior, in which case the Association will be seeking recovery of its attorney's fees and costs,” said Manning-Hudson. Manning-Hudson said that Conway "has a habit of being a disruptor," adding: "It is one thing to bring matters to the attention of management. But it is not right to harass people."

Owners say they won't be silenced by lawsuit threat

Complaints about the painting of a stairwell at one building are at issue. The inside railings of a stairwell were being prepped for repainting. Bernstein said all she wanted was a sign warning residents of wet paint. The Association claims that one of the three owners “childishly put your entire palm into the paint and sent a picture to management of your finger-painting, which actions damaged the existing work, then creating an actual issue for the Association.”

The contentious relationship between Conway and board members dates back to a recall of Conway from the board in 2023. Conway, though, filed a challenge with the Florida Division of Condominiums, which ruled in his favor, concluding that the board failed to follow state law in overseeing the recall. In January of this year, Conway ran again for the board; he was not elected but filed an election challenge that is pending. He alleges election interference by incumbent board members, the association’s management company, and its lawyer. Information sheets were sent to all unit owners with disparaging remarks about him.

The board claims it has spent more than $50,000 in legal fees to respond to Conway’s filings with the state Division of Condominiums. This year, off-duty West Palm Beach police officers were paid to attend a board meeting to keep the peace. Conway claims the expenditure was never approved by the full board.