Palmetto Place Still Defendant as Boca Raton Condo COVID Lawsuit Continues
By: BocaPost.com Staff | The Boca Post (BocaPost.com)
BOCA RATON, FL (BocaPost.com) (Copyright © 2021 The Boca Post) —
A year ago, the Condo Owner Association of the Palmetto Place was sued by Steven and Nancy Iscowitz, a couple who tested positive in a COVID 19 test sometime in July 2020. After the Association sued the married couple for rejecting to remain indoors and the court dismissed the case, the couple, in turn, sued the Association for seeking an emergency order on them.
Upon realizing their COVID status, Nancy and Steven notified the Condo Owners’ Association of Palmetto Place of the news, which led to the association ordering they stayed put in their home without going out until they tested negative. Bewildered, the Iscowitzs refused to adhere to that instruction, although they agreed to obey all CDC requirements.
CDC never enforced an order that instructed people to remain indoors when tested negative to COVID. Still, in collaboration with the management company, First Company, the condo association sued the family for not staying indoors.
However, ten days after the Palmetto Place filed the case at the Palm Beach County Circuit Court, Judge Scott Kerner dismissed it. When the case was dismissed with no ruling, Nancy and Steve sued Palmetto Place for filing the contingency act against them.
The couple’s disgruntlement was based on the fact that the Association had no right or authority to impose their order. That the Iscowitzs remained inside with the condition that they could freely move only when they tested negative for the disease was absurd; the Department of Health was capable and within its rights to give that kind of command, not a condo organization.
According to the Iscowitzs’ legal representation, the Condo Owner Association went ahead to begin proceedings against the couple when they sued, even when the Department of Health was aware and studying the health condition of the couple.
‘The association had no legal rights to proceed or access the courts in this manner…’ the attorney complained, declaring that their actions were illegal and unfair against his clients.
In defense, the Association believed they were within their rights and duties to sue the couple because of the contingency laws that were temporarily decreed at that time. However, the emergency law gave no housing association the permission to implement them or force people to remain inside.
The Iscowitzs concluded that the Association had a hidden agenda behind their move to proceed even before the Department of Health could decide and illegally formulate a cause of action.
‘ Defendant Association had ulterior motives or purpose in exercising such illegal, improper, or perverted use of the process is blatantly acting before the Florida Department of Health could commence….’
Due to their impulsive and unlawful act, the couple was subjected to harassment, a blow to their reputation, deprivation of wholesome living, emotional trauma, and many other social factors.
The case between the Iscowitzs and the Condo Owner Association is still being tousled, and the last document was submitted and filed in early November. The couple launched a defamation claim against the Palmetto Place, but Judge Howard Coates dismissed it. The basis of the lawsuit, which claims the Association tried to exercise power illegally to impose on the Iscowitzs, still stands.
The couple against the Palmetto Place has charged the sum of $30,000.