FALSE IMPRISONMENT
LAWSUIT: Boca Raton HOA Deactivated Key Fobs Of COVID Positive
Homeowners
Article Courtesy of The Boca News Now
By Andrew Colton
Published January 04, 2021
BOCA RATON — A lawsuit
filed in Palm Beach County Circuit Court alleges “false
imprisonment” and “invasion of privacy” after the Palmetto
Place Condominium Association allegedly deactivated the key
fobs of two homeowners who publicly acknowledged they were
COVID-19 positive. The condo association — allegedly without
authority to do so — used the key fob deactivation as a way
to force the husband and wife to stay in their condo for two
weeks, then told the couple that the HOA would call the
police to “request that you be removed from the building and
or arrested” if they attempted to exit the high-end
building.
The HOA is also
accused of attempting to enter the couple’s unit to ensure
the husband and wife remained inside.
Steven and Nancy Icowitz are suing Palmetto Place at Mizner
Park for false imprisonment, invasion of privacy,
negligence, violation of Florida law, and more. You can read
the entire lawsuit, below. Units in the building near Mizner
Park range from $300,000 to nearly $1,000,000.
The filing follows a lawsuit filed over the summer by the
Palmetto Place Condominium Association — and its management
company “First Service Residential” — seeking to order the
Iscowitz’s to stay in their unit. The Association dropped
the suit after Palm Beach County Judge Scott Kerner refused
to hear the case as an “emergency.”
Kerner is Palm Beach County Mayor David Kerner’s brother.
In the just-filed lawsuit against Palmetto Place, Nancy and
Steven Iscowitz allege that the Palmetto Place Condo
Association — and First Service Residential manager Leann
Dodd — became Judge, Jury and Executioner. The suit alleges
the Association and Dodd set questionable and potentially
illegal rules, then claimed unchecked authority to enforce
those rules. At no time were police authorized to effectuate
arrests based on COVID-19 status. At no time were Florida
citizens required to divulge COVID status to anyone other
than health department officials for purposes of contact
tracing.
From the lawsuit against Palmetto Place and First Service (“FirstService”)
Residential:
“Defendant Firstservice Residential
through its agents and employees, had no reasonable basis
for detaining Steven Iscowitz and Nancy Iscowitz against
their wills. No exigency of circumstance existed which could
warrant Association’s behavior.”
Additionally:
“Defendant Association unlawfully intruded into Plaintiff’s
unit after the deactivation of the electronic Fobs. Such
action deprived Steven Iscowitz and Nancy Iscowitz of their
liberties, including their ability to move freely within
their rights in the unit.”
This is the second high-profile COVID-19 issue involving
Palmetto Place and “First Service Residential.” We reported
on November 25th that FirstService and the Palmetto Place
Condo Association attempted to fine another unit owner
$5,100 for a mask violation.
The Palmetto Place Condominium Owners Association has not
yet filed a response to the suit.