Article Courtesy of The Miami Herald

By ROCIO BLANCO GARCIA

Published June 19, 2008 

Nearly one year after settling a lawsuit with her Key Biscayne condominium association, Teresita Gyori is still waiting for the association to change its bylaws in accordance with the settlement.

Gyori, joined by two other families, sued the Key Colony No. 4 Condominium Association in 2005.

The problem: she had sold one of her apartments to a family but they were not allowed to move in because of occupancy restrictions imposed by the association.

When Blanca and Hector Ceballos bought the apartment from Gyori in 2005, they were still a family of four.

But when their third child, Antonio Bosque, was born, they were told they would not be able to move in.

The association's restrictions only allowed four people per unit.

The family was forced to find other temporary housing, and joined Gyori and another family in arguing the rules did not comply with state and federal Fair Housing Acts.

''You have to set restrictions that are reasonable,'' said Keenya Robertson, president and CEO of the Housing Opportunity Project for Excellence, which was a plaintiff in the case. "Restrictions cannot discriminate against families with children.''

In a settlement in 2007, the association agreed to change the bylaws, but still haven't done so.

However, the association does not enforce the occupancy restriction, said Tony Winton, president of the association's board of directors.

''We are trying to get things straightened up,'' Winton said.

Winton said one obstacle is that a unanimous vote of the five-member board is needed to change the bylaws.

Gyori says it's important the condo change the rules.

''I want to make sure the new regulations are in writing'' so there is no confusion in the future, Gyori said. "That's what we settled for.''

It was not the first time Gyori sued the association.

In 2001, her 10-year-old daughter was not allowed to use an adults-only pool shared by all four buildings at Key Colony. The association settled with her in 2005 and changed the pool rules.

After the pool settlement, Gyori got an anonymous letter -- which she used as evidence in her more-recent settlement -- threatening to "beat her and her family to a pulp.''

''They thought that if they scared me I would leave,'' Gyori said. "But I assure you, I'm not going anywhere.''

Winton says a meeting will be scheduled soon to vote for a change in the bylaws. If all five members do not vote in favor of the change, a majority of the unit owners will have to vote.

''If we don't get the unanimous vote, we will be put in a difficult position,'' Winton said. "It's really difficult to get that many owners to vote.''