Article Courtesy of The Sun Sentinel
By Erika Pesantes
Published April 14, 2011
Quail Run condo owners in Boynton Beach on Tuesday gained access to their clubhouse, pool and other amenities after the master association changed the locks.
The master association had imposed a 2 1/2-month lockout for all owners, although only a few were in default of their maintenance dues.
Circuit Judge Timothy McCarthy signed off on the temporary injunction order Thursday, and the master association on Tuesday changed the locks back to allow most of the 96 condo owners entry into the facilities. About six are in foreclosure and have failed to make their dues.
The master association says it is unable to decipher the condo association's accounting records to identify who has not been paying for maintenance, said Dick Capello, the Quail Run master association's legal liaison.
The master association acted under a Florida law that allowed association boards to take such action against condo owners more than 90 days in default.
But McCarthy wrote in the order that: "The statute requires that each delinquent member be treated singularly as the Court finds that the statute does not provide that a member who is current in his or her obligations be penalized for payment failure of another member who is delinquent."
Tom Saccomanno, a condo owner, said residents were already streaming into the facilities and that "there's a little controversy here and there, a little bitterness against [the master association] that'll wear off. How long could you hold a grudge?"
The litigation has not yet been resolved and a future hearing date for a summary judgment has not yet been scheduled.
The condo is south of Woolbright Road, just west of Congress Avenue.
The master association had imposed a 2 1/2-month lockout for all owners, although only a few were in default of their maintenance dues.
Circuit Judge Timothy McCarthy signed off on the temporary injunction order Thursday, and the master association on Tuesday changed the locks back to allow most of the 96 condo owners entry into the facilities. About six are in foreclosure and have failed to make their dues.
The master association says it is unable to decipher the condo association's accounting records to identify who has not been paying for maintenance, said Dick Capello, the Quail Run master association's legal liaison.
The master association acted under a Florida law that allowed association boards to take such action against condo owners more than 90 days in default.
But McCarthy wrote in the order that: "The statute requires that each delinquent member be treated singularly as the Court finds that the statute does not provide that a member who is current in his or her obligations be penalized for payment failure of another member who is delinquent."
Tom Saccomanno, a condo owner, said residents were already streaming into the facilities and that "there's a little controversy here and there, a little bitterness against [the master association] that'll wear off. How long could you hold a grudge?"
The litigation has not yet been resolved and a future hearing date for a summary judgment has not yet been scheduled.
The condo is south of Woolbright Road, just west of Congress Avenue.
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