Both the trial court and the Fourth Circuit Court of Appeal of Louisiana found that Myra Harris failed to make her case.
While she correctly stated that the condominium association had the right to enforce its rules, regulations and restrictions, and to impose fines for violations, both courts agreed that a right is not a duty.
The Louisiana Condominium Act, which lists the powers of an owners’ association, allows—but doesn’t require—condo associations to adopt restrictions on unit owners and to enforce them. Though Myra certainly had a problem and the condo board’s provisions clearly stated it could fine those who disturbed the peace, the board was not required by law to enforce the rules so that she could enjoy her property.
After the decision, Myra moved out and bought a house. She never wanted to deal with a condo board again.
Was justice served? Should the condo board be required to take action on behalf its tenants? Let us know your thoughts in the comments.