Seven Bridges Delray HOA Board Slapped By Federal Judge

Article Courtesy of Boca News Now

By Andrew Colton

Published December 18, 2020

DELRAY BEACH — The three-way battle between two homeowners and the Seven Bridges Homeowners Association was just elevated from drama you’d expect to see on “Real Housewives” to a high stakes court case more worthy of COURT-TV.

Federal Judge Donald Middlebrooks denied a motion from the Seven Bridges Homeowners Association to dismiss the case brought by homeowner Deorbah LaGrasso, claiming she was discriminated against by the Delray Beach community’s HOA. Among her claims, LaGrasso says she endured discrimination for not being Jewish. While denying a motion to dismiss is somewhat routine, Judge Middlebrooks made several significant statements in in his ruling — effectively calling out the HOA’s board of directors for its handling of the issue which started as a tennis court battle between several woman. (Read the “Background” section of the order, below.

Among the highlights, all written by Judge Middlebrooks:

“It is reasonable to infer that the Association acted with discriminatory intent.”

“I am satisfied that the LaGrassos have plausibly alleged a claim against the Association for its failure to respond to or seek to control Ms. Tannenholz’s allegedly discriminatory conduct. First, the LaGrassos plausibly allege that the third party, Ms. Tannenholz, created a hostile environment for them by, though not limited to, making religiously (and at least once, racially) charged derogatory and/or offensive comments to Mrs. LaGrasso via text message, telephone call, and in person and going to the LaGrassos’ home on several occasions banging on their door, demanding they come outside, and yelling profanities. (DE 1 ¶¶ 35–44). As to the second element, I find that the LaGrassos have sufficiently alleged that the Association knew of Ms. Tannenholz’s conduct based on Mr. LaGrasso’s May 27, 2020 letter to the Association reporting same and requesting that the Board “open a case and initiate its formal complaint and sanctioning process . . . .” (DE 1 ¶ 45). With respect to the third element, I find that the LaGrassos have plausibly alleged that the Association failed to take prompt action to correct and end the harassment by stating that the Association took no action at all in response to Mr. LaGrasso’s letter to investigate the allegations therein. (DE 1 ¶ 47). To the contrary, not only did the Association fail to attempt to resolve Mr. LaGrasso’s complaint, it instead sanctioned Mrs. LaGrasso for her allegedly defamatory posts on her Facebook page and supposed verbal assault of Ms. Tannenholz while she was trespassing on the LaGrassos’ property. (DE 1 ¶¶ 48–53). Based on these findings, at this stage of the proceedings, I decline to dismiss Count I to the extent that it maintains that the Association is liable for Ms. Tannenholz’s allegedly discriminatory conduct.“

If there is any good news for the Seven Bridges Homeowners Association, it is that Middlebrooks suggested that LaGrasso’s claim of religious discrimination is weak, writing: “I caution Plaintiffs that I seriously question whether the factual circumstances of this dispute legitimately amount to religious discrimination.” Middlebrooks, however, does suggest that the HOA and its Board of Directors made significant errors. Whether those errors will lead to success for LaGrasso — who seeks $7,000,000 — remains to be seen.

The Board of Directors, the community’s “compliance committee,” and several homeowners with alleged knowledge of the incident are now scheduled for depositions. A court date is set for early Spring, 2021.

We encourage you to read the entire order by Judge Middlebrooks -- see below:

ORDER DENYING MOTION TO DISMISS