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 these 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?
2 Answers from Attorneys
Attend the next board meeting, send out a "newsletter" to the other residents, urging them to attend as well. Provide factual information from a reputable horticultural source, that demonstrates the toxicity of the oleander plants. But keep in mind, that many plants are toxic if eaten, or touched by people or animals. Poinsettias, diffenbachia, and hemlocks, just to name a few.
see http://en.wikipedia.org/wiki/List_of_poisonous_plants
this list is quite extensive and includes many common plants and trees with poisonous parts, so don't be surprised if your neighbors are less than enthusiastic about paying more money to remove the plants they just paid to plant. It will take an action by the board to undo this deed.
Bring the issue up at the next condo board meeting.
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