Century Village residents sue rec companies

Article Courtesy of The Palm Beach Post

By Jane Musgrave

Published January 11, 2007

Claiming they were unfairly charged for pools, shuffleboard courts, card rooms and a theater they couldn't use, residents of Century Village of West Palm Beach have filed a $10 million lawsuit against the owners of recreational facilities that were pummeled by hurricanes in 2004.

The class-action lawsuit, filed on behalf of the roughly 7,000 people who live in the massive retirement community off Okeechobee Boulevard, says residents shouldn't have been forced to pay the more than $100-a-month fee to use the amenities while repairs were being made.

Instead, they claim, they should have only paid for the fraction they could use - an estimated 30 percent.

Efforts to negotiate with the two companies that own the facilities that are the hallmark of Century Village life were met with hostility, according to the lawsuit filed in U.S. District Court in West Palm Beach.

"Where class members have protested ... (the companies) have threatened legal action to collect purportedly delinquent amounts and have further threatened to prohibit purportedly delinquent unit owners from using what facilities were available," wrote Scott Link, one of the attorneys from two law firms that are handling the case.

"Given that many unit owners and lessees are older and more vulnerable, (the companies') threats have proven an effective deterrent," he continued.

Joseph Friedman, a seven-year resident who is suing on behalf of his neighbors, said the companies have aggressively sought money from those who have refused to pay the full amount. It's not fair, he said.

"The clubhouse was destroyed," he said. "The facility is still not functioning at 100 percent. We would just like our money back."

According to the lawsuit, the recreational facilities are owned by New York-based The Benenson Capital Co., one of the nation's oldest and most active privately held real estate companies and leased to W.P.R.F. The West Palm Beach firm includes Irwin Levy - the lawyer-turned-developer who coined the retiree-luring maxim - "We give years to your life and life to your years." The phrase helped turn Century Village, and later its counterparts in Boca Raton, Deerfield Beach and Pembroke Pines, into a phenomenon.

The suit has been brewing for some time. It has the backing of the United Civic Organization, the umbrella organization for the various condominium associations within Century Village.

In a holiday message to residents that appears on the organization's web site, president George Loewenstein notes that residents are "enthusiastically" behind the effort.

"Our legal counsel feels that we have a very strong case and our side should prevail," Loewenstein wrote.

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