BOCA RATON — A Boca Raton Realtor who is
selling her home in Palmetto Place — a large, upscale
condominium building near Mizner Park — is fighting a $5100
fine she received for not wearing a mask in the building.
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Bobbi Engelke tells
BocaNewsNow.com that the fine appeared on her estoppel
statement which she just received as she prepares to sell
her unit. The alleged violation occurred in late spring.
“The condo association is doing all this contrary to the
Florida statute, to the Governor’s executive order and to
the Palm Beach County emergency order” Engelke told
BocaNewsNow.com.
Engelke, who claims she has a medical exemption to mask use
but wouldn’t specify her medical condition, said she
believes the order by Governor DeSantis invalidating all
mask-related fines applies to her. But several lawyers
speaking with BocaNewsNow.com say that’s not true — that the
DeSantis order only applies to government agencies, not a
private HOA.
“HOA’s can assess fines,” said an attorney who wished to
remain anonymous due to his work with other associations in
the area. “The Governor’s order does not have anything to do
with an HOA’s power to enforce rules and regulations.” |
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Barbara “Bobbi” Engelke says she’s prepared to sue
Palmetto Place, her condominium, over a $5100 mask fine.
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But Engelke says there is no mask rule in the building. She
says the condominium board never approved its own mask or
facial covering order, so asserts the board is enforcing a
rule that doesn’t exist. Engelke also points to Florida
Statute Chapter 720 Section 305 which limits most fines
within an HOA to $100 per occurrence. There is no
indication, in multiple documents reviewed by
BocaNewsNow.com, that Engelke violated any mask mandate 51
times.
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First Service
Residential, Palmetto Place’s management company, did not
respond to a request for information from BocaNewsNow.com.
Engelke says she is being singled out because she is
preparing to move. First Service Residential can stop the
sale if she doesn’t pay the fine. Other people have been
fined, she said, but no enforcement action has been
initiated against anyone but her.
“If the association does not remove this from the estoppel
certificate, or if they try to impose and enforce a fine, I
will sue,” she said. “The condo association has had eight
months to enact a rule requiring facial coverings and to
have the community vote on the rule. It did not.” |
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Estoppel certificate showing Bobbi Engelke’s $5100
fine from Palmetto Place, her condominium. She says the mask fine is
illegal
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