Legal Question in Personal Injury 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?


Asked on 12/08/10, 2:44 am

1 Answer from Attorneys

Angelo Marino Angelo Marino Jr. PA

Contact the Board to have a meeting on the matter to express your concerns.

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Answered on 12/13/10, 10:36 am


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