Legal Question in Real Estate Law in Florida
Our condo board, by their own decision, altered our common elements by planting over $2400 of highly toxic Oleanders, bordering a property line where our neighbor - a church with many family members, some with young children - has equal access to these plants from its property.
The church also has plans to build a school for children who all would have ready access to these highly toxic plants as well.
Many of our residents walk their dogs in this area; as does a neighboring community south of us.
It is well known that animals and young children have poisoned themselves by ingesting parts of Oleanders; high risk of exposure includes tasting, chewing, ingesting portions of the plant. In some cases this has led to death.
It seems that our board has opened our membership to a probable law suit.
Also it doesn't seem to set a wise precedent to allow highly toxic plants on our common elements.
We have 102 unit owners; getting rid of the $2400 worth of highly toxic plants (and the liability it is exposing our community to) is well worth the loss to each owner of roughly $24.
What do you recommend? Thank you.
1 Answer from Attorneys
You may not like the plant, but if it is within the Boards authority to plant, and the plant is permitted to be used, there is little you may be able to do.
How landscaping is done normally is within the Boards sole authority, and I am not aware that the plant is prohibited by law.
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