Article Courtesy of Boca
News Now
By Staff Report
Published February 20, 2022
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DELRAY BEACH — In what legal observers call a “bizarre” email, the President
of Delaire Country Club claims that the HOA has settled a case brought by
two homeowners who argue that Delaire imposed inappropriate COVID-19
restrictions. President Andy Lynette wrote that the country club settled the
case, fearing the expense of litigation.
“By settling we would avoid the time-consuming and disruption to the
community and Board, which could potentially cause further divide among our
community as well as the financial risk involved in our insurance deductible
of $50,000,” wrote Lynette in an email obtained by BocaNewsNow.com. “In
addition, (our litigation committee) pointed out there is never any
guarantee as to the outcome of litigation.”
As we reported on January 19th, Mark and Joanie Schneebaum sued Delaire
after being sanctioned for allegedly violating the club’s COVID-19 rules by
attending an event in the clubhouse without providing proof of vaccine. The
Schneebaums claimed that the requirement violated Florida law. They filed
suit, asking the courts to answer this question: can a private HOA institute
its own rules that differ from a Governor’s executive orders? Florida
Governor Ron DeSantis prohibited vaccine mandates in the State. The
Schneebaums argued that the order applies to their HOA, and sued after being
Delaire suspended Joanie Schneebaum from using amenities at Delaire for
several months.
That suspension was lifted as part of the settlement.
“The elimination of the suspension at this time seemed like a fair and
appropriate action to take, given that Joanie has already served nearly two
months suspensions, which is much longer than any other COVID-related
grievance suspension served by any member.”
Observers say that in sending an email blast acknowledging fear of lawsuit
expense, Delaire exposed itself to future litigation over all grievances —
with homeowners now knowing that Delaire is lawsuit-averse.
Read the complete email, below. Lawsuits filed by other Delaire homeowners,
also over COVID-19 related violations and sanctions, remain active. We note
that the Schneebaum’s case also remains “active” in the Palm Beach County
court system as of Saturday morning, despite the email, below.
E-MAIL:
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