Article Courtesy of The Sun Sentinel

By Erika Pesantes

Published March 27, 2011

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.

Condo owners went to court seeking a temporary lifting of the lockout, imposed Feb. 1, until the matter was settled. The next hearing has not been scheduled. McCarthy asked attorneys for the briefs within seven days.

The master association acted under a Florida law effective in July, allowing association boards to take such action against condo owners who are more than 90 days in default.

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

"If you've got one bad apple, you throw out the whole barrel?" he asked. "Doesn't it seem kind of unfair to you? That just sounds grossly unfair, shooting from the hip."

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. 

Until May, the condo association paid its full amount, fronting the share of the foreclosure units that were not paying. The association then started paying only for those current in their fees, according to a lawsuit filed against it by the master association.

Boynton Beach condo residents locked out of pool and clubhouse