A Boca Raton condo owner claims she has been unable to sell her unit for five years because her board allegedly refuses to act on sale contracts. The Boca View case is now in court, but the bigger story is what it reveals about what Florida condo associations can and cannot legally do.
Key Takeaways
- A condo board can only approve or deny sales if that power is in the Declaration of Condominium.
- Boards can effectively block sales by delaying the issuance of estoppel certificates or by refusing to act on contracts.
- Contract language, meeting minutes, and reserve status matter more than most buyers realize.
When Tiger Woods or a new luxury tower makes headlines, people pay attention. But some of the most important real estate stories are the ones that reveal how the system actually works. In Boca Raton, a 76-year-old widow named Amelia Owens claims she has been unable to sell her unit at Boca View for five years, not because of the market, but because her condo board allegedly refuses to act on sale contracts. According to the Palm Beach Post, the case is now in the Palm Beach County circuit court, and three other lawsuits are pending on the same issue.
What happened at Boca View?
According to the lawsuit, the board at Boca View (a 72-unit complex on Spanish River Boulevard) allegedly refused to process sale contracts for Owens's unit. The board did not formally deny the sales. The complaint states that the board simply did not act on them, which had the same practical effect. Her attorney claims the board president previously made a low-ball offer for the unit that was rejected, and that the motivation is personal. The board's attorney has called the accusations "a figment of Plaintiff's imagination."
Here is the critical detail: in 2020, the Fourth District Court of Appeal already ruled in a separate case (Cool Spaze, LLC v. Boca View, Case 18-2446) that this board does not have the authority under its governing documents to approve or deny sales. Despite that ruling, the pattern purportedly continued. We are not taking sides on the merits of this specific lawsuit. What we are doing is using it as a starting point for a conversation every condo buyer and seller in South Florida needs to have.
Can a condo association legally approve or deny your sale?
Yes, but only if that power is explicitly written into the Declaration of Condominium. Not the bylaws, not a board resolution, not a verbal policy. The Declaration itself. If it is not stated there, the board has no such authority.
The hierarchy of governing documents matters, and most buyers never read them. It starts with the Declaration of Condominium (the highest authority, defining property boundaries and ownership), then the Articles of Incorporation, then the Bylaws (the operating manual), and finally Florida Statute 718 (state law governing all Florida condominiums). If a board claims authority that is not in the Declaration, that claim has no legal standing.
If a COA does have legitimate screening rights, the process is regulated under Florida Statute 718. This includes a formal application with a screening fee capped at $150 per applicant, credit and criminal background checks, an in-person interview or orientation, and a formal Certificate of Approval recorded with the county clerk.
Legitimate reasons a COA can deny: severe financial delinquency history, documented severe rule violations in prior communities, recent violent crime convictions, or incomplete/false information on the application.
What a COA cannot do: impose an absolute veto without stated cause, deny a buyer based on race, religion, sex, national origin, familial status, or disability (Fair Housing Act), or act arbitrarily to kill a specific sale. Doing so can expose the board to financial damages payable to the seller.
Buying or selling a condo in South Florida? Talk to a Boca Raton real estate agent who understands condo association dynamics. Reach out to The Mastropieri Group or call (561) 544-7000.
How can a board kill your sale without formally denying it?
Even if a board lacks legal authority to block a sale, it can still paralyze the closing by withholding an Estoppel Certificate. This is the document confirming the seller does not owe outstanding dues, fines, or special assessments. Title insurance companies in Florida will not issue a clean title policy without this certificate. No title insurance means no lender will finance the purchase. No financing means the buyer walks. The sale dies, and the board never had to formally say "no."
This is reportedly what happened in the Boca View case: according to the complaint, the board did not formally deny the sales but simply refused to act on the contracts, which had the same practical effect.
What to do: Request the Estoppel Certificate early in the sale process. If the board delays or refuses, document the delay immediately and consult a Florida condo attorney. This is the single most common mechanism boards use to interfere with sales they oppose.
Why do meeting minutes and reserves matter so much?
Beyond the sale approval question, you also need to review the meeting minutes to understand what is actually happening in the building. Are they planning a concrete restoration? Are they going to assess everybody $30,000 because they are not prepared for it? That is usually the bigger discussion when someone is buying into a condo.
Post-Surfside reforms under HB 1021 (2024) require Florida condos to maintain adequate reserves for structural repairs. But many associations are still underfunded. A buyer who does not review the reserve study and meeting minutes could walk into a special assessment that wipes out their down payment savings. The South Florida condo market already has 72% more sellers than buyers, and surprise assessments are one reason units sit unsold.
Recent changes to Florida HOA regulations also affect what boards can and cannot do, including protections against retaliation for owners who speak up.
Why does contract language matter more than association approval?
People think association approval always protects them, but the opposite can also be risky. If the association does not have the right to deny the sale and there are violations on the property, the seller may not have to fix them unless the contract says so. That is why the contract language matters so much.
As Larry Mastropieri explained on the Discover South Florida Podcast: "You can run into issues when a property has association violations that need to be corrected. If the contract does not have specific language requiring those violations to be addressed before closing, the buyer may end up absorbing them. That can turn into a very expensive mistake."
This is the flip side of the Boca View situation. A board that cannot legally block your sale also cannot force the seller to fix violations before closing. The contract has to do that work. If it does not, the buyer inherits the problem.
What should buyers and sellers do before signing?
For buyers: Review the Declaration of Condominium to see if the board has sale approval authority. Request meeting minutes from the past 12 months. Ask for the reserve study and any pending or planned special assessments. Make sure your contract includes language requiring the seller to cure any association violations before closing.
For sellers: Request your estoppel certificate early. Resolve any outstanding violations before listing. If your board has a history of delaying sales, consult an attorney before accepting an offer. This applies whether you are selling in Boca Raton or anywhere else in South Florida.
Some owners have explored dissolving their condo HOA in Florida, though that path almost never works. HB 657, which would have created the first clear statutory process for HOA dissolution, passed the House 108-2 in March 2026 but died in the Senate. For now, the existing legal framework remains in place.
Watch the Full Discussion: This Segment | Full Episode | Last Week's Recap
Frequently Asked Questions
Can a Florida condo board legally block the sale of my unit?
Only if the Declaration of Condominium explicitly grants that authority. Not the bylaws, not a board resolution. The Declaration itself. If the board claims authority it does not have, that claim has no legal standing under Florida Statute 718.
What is an estoppel certificate, and why does it matter?
An estoppel certificate confirms the seller does not owe outstanding dues, fines, or special assessments. Title insurance companies require it before issuing a clean title policy. If a board delays or withholds this document, the sale cannot close.
What happened in the Boca View case in Boca Raton?
According to the lawsuit, a 76-year-old owner has allegedly been unable to sell her unit for five years because the board allegedly refuses to act on sale contracts. In 2020, the Fourth District Court of Appeal ruled that this board lacks the authority to approve or deny sales. Three lawsuits are currently pending.
How can I find out whether my condo board can approve or deny a sale?
Review the Declaration of Condominium for your building. This is the highest-authority governing document. If sale approval rights are not explicitly stated there, the board does not have that power, regardless of what the bylaws or board members say.
What should I include in my contract to protect against association violations?
Include specific language requiring the seller to cure any association violations before closing. Without this language, the buyer may incur violations and associated fines, even if the board cannot formally block the sale.
Local help for condo buyers and sellers in Boca Raton
If you are buying, selling, or investing in Boca Raton, Highland Beach, or Gulf Stream, understanding condo association dynamics can save you months of delays and thousands in unexpected costs. Reach out to The Mastropieri Group, Realtors®.
For practical, hands-on support across Boca Raton, call (561) 544-7000.
Enjoy this blog post? Click here to subscribe for updates
Leave A Comment