85 Year Old Widow Battling Condo Association

Today's South Florida Sun-Sentinel features a story of a wheelchair-bound, 85 year old widow with failing memory who requires 24-hour care who is being sued by her condo association because it considers her caretakers as "unauthorized and/or transient occupants" who need to be screened and approved by the association in order to stay in the apartment. Said approval hasn't been sought.

To read more, see Ailing Margate widow, 85, fights condo board to preserve her independence.

Postscript

Fort Lauderdale attorney F. Blane Carneal, recipient of the Broward County Legal Aid's Lawyer's Care Award as Pro Bono Lawyer of the Year in 1999 and The Florida Bar President's Pro Bono Service Award in 2002, is representing the widow. Go here for more on F. Blane Carneal.

Representing the condo association is Rachel E. Frydman of the Fort Lauderdale firm Katzman & Korr. Go here for more on Katzman & Korr, including reports of a class action lawsuit brought against it by homeowners of a condo association for allegedly violating Federal law in the collection of unpaid maintenance fees. In that matter, Mr. Carneal was one of the attorneys representing the homeowners who brought the lawsuit against Katzman & Korr. Go here for report of class action settlement by Katzman & Korr.

(It seems to me that if the law doesn't treat a medically-necessary service animal as a "pet" for purposes of enforcing a "no pets" restriction, it shouldn't treat a medically-necessary caretaker for a wheelchair-bound 85 year old person as an "occupant" for purposes of enforcing "screening requirements" contained in condo association bylaws. In any event, this case has the makings for quite a battle, especially give the history between the attorneys involved. Personally, I'm bettin' on the lady in the wheelchair, and if she wins this battle, it wouldn't surprise me if an Americans With Disabilities Act lawsuit against the condo association in Federal Court follows.)
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