Can A Condo Kick Out A Problematic Owner? What Florida Homeowners Need To Know

Living in a Florida condominium means sharing walls, hallways, and common spaces. Most of the time, everyone gets along. But what if one neighbor becomes a nightmare—picking fights, harassing residents, or even committing violent acts? Many homeowners are told by their association that “nothing can be done.” That’s not true. If you are having issues with a problematic neighbor or owner, our Naples, FL condo lawyer is available to discuss your situation to see how we can help.

Florida law gives associations real tools to deal with disruptive owners, even if the law stops short of forcing a sale of their unit. At Perez Mayoral, P.A., we represent homeowners only—never associations. Our focus is on protecting residents when their associations fail to step up. If you’re suffering because of an unruly neighbor, here’s what you need to know.

Why Forced Sales Are Rare In Florida

You may have heard that associations can’t “kick out” an owner. That’s partly true. In Kittel-Glass v. Oceans Four Condominium Ass’n, 648 So. 2d 827 (Fla. 5th DCA 1995), the court ruled that associations can’t simply eject an owner by forcing the sale of their home. Courts are extremely reluctant to strip someone of their property rights, especially when it’s their homestead.

But this doesn’t mean your association is powerless.

What Associations Can Do About A Bad Neighbor

Florida’s Condominium Act (§ 718.303, Florida Statutes) gives associations enforcement powers that directly apply when an owner is breaking the rules or creating a nuisance. Your association can:

• Fine the owner for each violation of the declaration or bylaws.
• Suspend privileges, such as use of the pool or clubhouse.
• Go to court for an injunction to stop ongoing disruptive or dangerous conduct.

Injunctions are powerful court orders. They can prohibit someone from harassing neighbors, ban them from certain areas, and in extreme cases, force them to vacate their unit temporarily.

In Casa Del Mar Condominium Ass’n v. Richartz, 641 So. 2d 470 (Fla. 3d DCA 1994), a court upheld an injunction against an owner who physically attacked the association’s president. Courts have also enforced restrictions requiring owners or occupants to move out when they don’t qualify for age-restricted communities.

Extreme Cases: The Oriole Gardens Example

Florida courts have even acknowledged that owners can be removed when their behavior becomes unbearable. In the Oriole Gardens Condominium Two Ass’n v. Gonzalez case, a Broward County court dealt with an owner who was violent, destructive, and harassing other residents. The court issued an injunction against the owner and recognized that under existing law, courts can order removal in extreme cases.

This is important because associations often say, “we can’t do anything about that neighbor.” The Oriole case proves otherwise. Associations not only can act—they may have a duty to act when your safety and peace of mind are at stake.

Why “Do-Nothing” Associations Get It Wrong

Too often, boards or managers claim their “hands are tied.” In reality, they may be unwilling—not unable—to enforce the rules. When neighbors are physically fighting, harassing women in hallways, or even hitting people with cars, Florida law and most condominium declarations classify this as a nuisance and violation of use restrictions.

Your association has the authority—and in many cases the obligation—to seek legal remedies. Courts presume that ongoing violations of covenants cause “irreparable harm.” That means your association doesn’t get to sit back and ignore it.

What Other States Have Considered

Florida isn’t alone in wrestling with this issue. Some states have gone further.

• Illinois: Certain condominium laws allow for involuntary sale of a unit when an owner engages in “objectionable conduct.”
• New York Co-ops: Boards may terminate ownership based on repeated disruptive behavior, using a standard of “objectionable conduct.”

Legal scholars have even suggested “Disruptive Resident Bylaws,” which would let associations vote to remove owners whose conduct ruins the community’s quality of life. Florida hasn’t adopted such provisions yet, but the conversation is happening.

What This Means For You As A Homeowner

If your association says they can’t do anything about a dangerous or harassing neighbor, that’s not the law. Here’s what you can do:

1. Document everything: Police reports, incident logs, and witness statements strengthen your case.
2. Demand enforcement: Point to your declaration’s nuisance provisions and Florida Statute § 718.303.
3. Push for legal action: If the board refuses to act, unit owners can also bring lawsuits directly to enforce the covenants.
4. Consider legal help: Sometimes it takes an attorney to hold the association accountable and make them use the tools they already have.

Bottom Line

Florida courts generally don’t allow forced sales, but that doesn’t mean you’re stuck with a disruptive neighbor forever. Associations can fine, suspend, and most importantly, seek injunctions to stop dangerous behavior. In extreme cases, courts have acknowledged that removal is possible.

If you’re living with an unruly or violent neighbor and your association claims there’s nothing they can do, don’t accept that answer. Florida law gives you rights and gives associations real enforcement tools—they just have to use them.

At Perez Mayoral, P.A., we represent homeowners dealing with associations that fail to protect their communities. If you’re facing this problem, contact us today for help.