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Article Courtesy of
The Boca Post
By Mike Thomas
Published August 20, 2026
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A
newly filed Palm Beach County complaint alleges Polo West Estates Homeowners
Association repaved a Wellington access road without notice and billed the
property's former owner $60,795, a claim the association has not answered in the
reviewed filing.
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WELLINGTON — The company that owned a
150-acre former golf course in Wellington has sued the
homeowners association next door, alleging the association
repaved a shared access road without notice and then billed
the company more than $60,000.
Wellington Equestrian Estates, LLC filed the breach of
contract complaint against Polo West Estates Homeowners
Association, Inc. on Aug. 11, 2026, in the Circuit Court of
the 15th Judicial Circuit in and for Palm Beach County.
Court records list the case as Case No.
502026CA009022XXXAMB, assigned to Division AE. The plaintiff
is represented by Larry A. Zink of Zink, Zink & Zink Co. LPA
in Canton, Ohio. The complaint is verified by Glenn F.
Straub, identified as the company's managing member.
At issue is the access drive, the roadway running from South
Shore Boulevard to the guard gate at the Polo West
community. According to the complaint, Wellington Equestrian
Estates held title to the former golf course at 2470
Greenview Cove Drive, and its rights to that roadway come
from a Modification and Restatement of Easement Agreement
dated May 27, 2004, recorded in Palm Beach County and
attached as an exhibit.
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The entrance sign for Polo West Estates in
Wellington, where the community's homeowners association is the
defendant in a breach of contract lawsuit filed in Palm Beach County
Circuit Court.
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The lawsuit points to Paragraph 5 of that agreement, which it
says gives the golf course property owner the duty to handle maintenance, repair
and utility work within the access drive, including "paved surface maintenance,"
at its own cost.
The complaint states that on Aug. 7, 2025, the association sent a letter seeking
$60,795 as reimbursement for roadway paving it had performed on the access
drive, without prior notice. The letter, signed by association board president
Ken Valdespino, is attached to the complaint along with a July 17, 2025 invoice
from Ranger Construction Industries Inc.
That invoice lists a $60,795 subtotal for milling, asphalt overlay and
re-striping between South Shore and the guardhouse. Separate subtotals cover
paving the Polo West roadways and asphalt repair at the entrance, bringing the
invoice total to $461,721.
The lawsuit alleges the easement agreement does not allow the association to
perform paving work unilaterally, without notice, and then bill the property
owner after the fact. It alleges the agreement instead gives Wellington
Equestrian Estates both the right and the duty to handle paved surface
maintenance itself.
The complaint further alleges the repaving was unnecessary when it was done,
because the asphalt was intact and safe for vehicles and people on foot. On
information and belief, the filing claims, the association paid roughly 300
percent above fair market value. A footnote states the company's principal has
more than 30 years running firms that laid over two million tons of asphalt on
highway and airport projects.
The money was eventually paid in a sale. On or about May 26, 2026, the complaint
says, Wellington Equestrian Estates sold the property to BH Polo West, LLC. The
lawsuit alleges the association would not issue a clean estoppel certificate for
the closing unless the $60,795 was paid, a demand the complaint characterizes as
"ransom money." The company says it paid so the sale could close and to limit
its own losses. Estoppel certificates are routine in Florida association sales
and state what an owner owes at closing.
The complaint brings a single count of breach of contract, arguing the
association did not follow the 2004 agreement when it paved the road, billed for
the work afterward and tied the sale paperwork to payment. It seeks damages
exceeding $50,000, exclusive of interest, costs and attorney's fees, plus fees,
costs, interest and other relief the court finds proper. The fee request cites
Paragraph 11 of the agreement, which allows the prevailing party in an
enforcement action to recover fees and costs. The complaint does not demand a
jury trial.
The filing reviewed by Boca Post does not include a response from the
association, and no defense attorney is listed in the reviewed record.
Boca Post reviewed the complaint, Wellington Equestrian Estates, LLC v. Polo
West Estates Homeowners Association, Inc., Case No. 502026CA009022XXXAMB, filed
Aug. 11, 2026, in the Circuit Court of the 15th Judicial Circuit in and for Palm
Beach County.
The case is newly filed and pending. The statements above are allegations
contained in a civil complaint. They have not been proven in court.
Boca Post reviews Palm Beach County civil court records to report on selected
lawsuits involving residents, companies, landlords, property owners,
associations, and insurers. See more in Palm Beach County Lawsuits. |