Condo owner seeks $500-a-day fines to compel Florida board to turn over financial records

After two separate orders from two separate judges, the Boca View Condominium Association’s governing board still has not allowed a condo owner’s personal representative to inspect financial records as requested nearly four years ago.

Attorneys for the unit owner, Eleanor Lepselter, are now asking the court to find the association in contempt and impose fines of $500 a day until it complies.

Those fines, if imposed, could add thousands of dollars to a massive legal bill incurred over the association’s four-year fight against Lepselter’s February 2019 request to allow attorney Jonathan Yellin to inspect its books.

Deadlines set by two court rulings for the association to produce the records have come and gone.

In the motion for contempt filed on Feb. 21, Lepselter’s attorney Andrew Schwartz accused the association of having no plan to release the records.

“It is readily apparent that neither [the association], nor [the association’s] counsel, possesses any intention of complying with this Court’s Order directing the production of the subject records for inspection,” Schwartz stated.

Boca View has not filed a response to Schwartz’s motion for contempt. Its current attorney, John R. Sheppard, of the firm Fowler White Burnett, P.A., did not respond to questions sent by email to him and his legal assistant on Friday.

The case began back in February 2019 when Lepselter and Yellin submitted written requests to the association’s property manager seeking a designated time to in