Article Courtesy of The Sun Sentinel

By Joe Kollin

Published June 28, 2007

For the first time in Florida, a judge has ruled that two or more owners of the same condo unit can each serve on a condo board, despite an association rule that says otherwise.

But Broward County Court Judge Steven Shutter said the matter is so significant that the 4th District Court of Appeal should address the issue stemming from a dispute at the 392-unit Lakewood Village in Coral Springs.

"Because this has the potential to be a ruling that effects hundreds of thousands of people, it has got to be resolved by the 4th District," he said Wednesday. He said this is only the second time in 26 years on the bench that he has asked a higher court for such a review.

The ruling, if upheld, effectively limits the power of boards to control elections.

Shutter said he and attorneys on both sides of the case conducted extensive research and couldn't find any Florida court decisions on the issue. The state Division of Florida Land Sales, Condominiums & Mobile Homes has given three nonbinding advisory opinions. All agree the only impediment to becoming a condo director is having been convicted of a felony without civil rights restored.

The case involves Lauren and Philip Beracha, who in January announced their intention to run for one-year terms on the three-member board. They made the announcement more than 40 days before the election to comply with state law.

On Feb. 13, without a vote of owners, the board amended the bylaws to prohibit two owners of the same unit from serving at the same time. It also specified that if co-owners win an election, the person with the lower number of votes must step down.

In a separate decision, before the March 21 election, the directors increased the number of board members to five.

The Berachas campaigned for votes anyway.

She called it a challenge because "this was the first time we've had an election in at least 20 years. They used to appoint someone when a director resigned."

When the election was held, Philip Beracha, who owns Phil's Comic Shop in Margate, won with 137 votes. His wife, an executive assistant at Stoneman Douglas High School, came in third with 129.

Lauren Beracha refused to step down as the amendment required, so the association filed suit to force her off.

Shutter, in his ruling, said any attempt to limit eligibility "is in direct conflict" with the law.

"He established her right to serve," said Lauren Beracha's attorney, Mark M. Heinish of Fort Lauderdale.

Jan Bergemann, whose organization, Cyber Citizens for Justice, helps Florida unit owners who have problems with boards, said he has contradictory feelings about the ruling, although he called it correct.

The board's attorney, Robert Kaye of Fort Lauderdale, said he doesn't yet know if the board, which now includes Lauren Beracha, will want to appeal.