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Article Courtesy of BocaNews
Now
By Andrew Colton
Published February 4, 2022
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DELRAY BEACH — Delaire Country Club is facing two lawsuits over COVID
restrictions and separately may be facing additional legal action if it moves
forward with plans to renovate its clubhouse on Sundays.
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As BocaNewsNow.com first reported on
January 19th, Mari and Marc Schneebaum are suing the
Homeowners Association over claims that COVID restrictions
were enforced in violation of Florida law. Now two
additional couples have filed nearly identical suits.
Michael Mikulewich and Ekaterina Mikulewich filed suit, as
did Richard Hopper and Kendra Salerno who assert the
following in their filing:
“Effective July 1, 2021, the State of Florida enacted Fla.
Stat., § 381.00316 into law. |
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This law states in part that any business entity, including Delaire, may not
require patrons or customers to provide any documentation certifying
COVID-19 vaccination or post-infection recovery to gain access to, entry
upon, or service from the business operations. Stated another way, Delaire
is prohibited from requiring that a member be vaccinated before entering and
utilizing its Clubhouse, indoor dining facilities, card rooms and fitness
center.
Delaire’s Inconsistent Position with Florida Law
On October 7, 2021, in complete derogation of Fla. Stat., $ 381.00316,
Delaire’s Board of Governors created a rule (contradictory to the By-Laws)
that was not voted upon by the members and thus is not part of Delaire’s
By-Laws that only vaccinated members are allowed in the Clubhouse, indoor
dining facilities, card rooms and fitness center (Delaire’s “COVID
Protocol”).”
Whether a private club has the right to enforce its own rules is at the
center of the debate. The Schneebaums, and Richard Hopper and Kendra Salerno
argue the private club must follow Governor Ron DeSantis’ orders. A club,
however, is a private entity and can largely set its own rules. Homeowner
associations — much like the federal government — are traditionally set up
as a representative system, meaning homeowners vote for others who
ultimately vote or decide what rules are in effect. The two lawsuits are
filed in Palm Beach County Circuit Court.
Separately, multiple homeowners tell BocaNewsNow.com that they are calling
on the City of Delray Beach Code Enforcement agents to stop Delaire’s plan
to renovate its clubhouse on Sundays.
From a document sent to homeowners in the community by General Manager Robin
Blankhorst.
“We have been given approval by the POA to have our contractors work 7 days a
week, with the exception of select holidays, since most of the renovation will
be done inside the Clubhouse.”
The City of Delray Beach prohibits non-emergency construction on Sundays.
Homeowners say they are prepared to sue the HOA/POA to stop Sunday construction.
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