The Kings Point Recreation Corporation has illegally suspended the recreationalprivileges of residents without providing required due-process hearings, according to a lawsuit filed in Palm Beach County Circuit Court.
While the facilities are owned by the more than 85 condo associations at Kings Point, they are managed by the Kings Point Recreation Corp.
An attorney representing the recreation corporation said in an interview that the lawsuit is without merit because the state law the complaint cites does not apply to an entity like Kings Point Recreation.
Kings Point Golf & Country Club is a gated, active-adult community designed for 55+ residents located in Delray Beach. It has three clubhouses, multiple pools, tennis and shuffleboard courts,
two golf courses and a theater. There are more than 7,000 condo units, making it one of the largest condo communities in South Florida.
The various condo associations at Kings Point are not a party to the lawsuit.
What the lawsuit against Delray Beach's Kings Point recreation entity alleges
The complaint alleges the recreation corporation must provide residents with due process before suspending their recreational privileges, but it has failed to do so. That means that a hearing must be held to allow residents to challenge the suspensions, according to the complaint.
The plaintiffs argue condo associations are required under state law to hold such hearings. Because the recreation corporation acts on behalf of Kings Point's condo associations, it also must hold hearings, according to the lawsuit.
The complaint alleges more than 100 suspensions have been imposed during the past two years without hearings. Residents have been cited for violations ranging from wearing Bermuda shorts in the theater to walking across the community's golf course.
Kings Point unit owners collectively pay more than $20 million a year to support the recreational amenities.
Peter Sachs, attorney for the recreation corporation, maintains the corporation is clearly not a condo association, and, therefore, the law regulating condos does not apply to it.
Sachs said the different associations within Kings Point agreed to set up an independent corporation to oversee the recrational amenities and gavie it the ability to discipline those who failed to follow the rules set up by the corporation.
The recreation corporation was incorporated in 2012 as a Florida not-for-profit corporation.
The lawsuit cites examples instances it says rec corporation overstepped authroity
According to the lawsuit, one resident lost recreational privileges for 60 days after allegedly causing a disturbance during a Vesta meeting. A resident whose privileges are suspended is required to use visitor lanes at community entrance gates, resulting in longer wait times and treatment as guests rather than residents.
"Defendants have administered this regime with knowledge that Kings Point's predominantly elderly residents lack, in most cases, the physical or financial ability to challenge an unlawful suspension," the lawsuit states.
Peter Kavanugh, who is a board member of one of the condo asssociations, told The Palm Beach Post that his privileges were suspended after he got into an argument with a fellow board member. He said he was removed from the meeting by sheriff's deputies.
"I am not part of the lawsuit but I fully support the plaintiffs," he said. "It is not fair what the recreation corporation is doing."
Mike Diamond is a journalist atThe Palm Beach Post, part of the USA TODAY Florida Network. He covers Palm Beach County government. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today.
This article originally appeared on Palm Beach Post: Can Kings Point suspend amenities without a hearing? | Exclusive
