Thursday, March 31, 2011

HOA Locks Out Dozens Of Maintenance-Paying Residents From Pool, Other Association Amenities Due To Several Delinquent Owners

In Boynton Beach, Florida, the South Florida Sun Sentinel reports:
  • Nearly 100 condo owners from the Quail Run development in Boynton Beach remain shut out of their pool, clubhouse and other amenities following a Friday hearing before Circuit Court Judge Timothy McCarthy. McCarthy asked for additional information briefs from attorneys representing the community's condo and master associations.

  • They have been at odds over the steps taken against all condo residents because the owners of five or six are in foreclosure and in default of their maintenance dues.

  • The judge said it seemed unfair that all would be punished when the master association still is receiving most residents' payments.


  • A few condo residents with physical impairments — such as Tom Saccomanno, who testified from his wheelchair — testified they needed access to the pool and exercise machines for medical reasons. Saccomanno had polio as a baby, broke his femur a decade ago and had been exercising at the Quail Run pool daily until Feb. 1. He's up to date on his dues to the associations, he said.

  • "My toes are numb from not going into the pool," Saccomanno said. "My numbness wasn't there … all these years, never bothered me."

  • Haas Gallaway, who said he also has been paying his assessments on time, used the pool after having knee-replacement surgery last fall. He's since had to go to the ocean to do some physical therapy work, he said.

  • Dick Cappello, the Quail Run master association's legal liaison, said the master board has no way of knowing who pays and who is in default.

For more, see Quail Run condo owners remain locked out of pool, clubhouse.