DELRAY BEACH — A group of Kings Point residents has filed a class-action lawsuit accusing the companies managing the community’s recreation facilities of illegally suspending residents’ access to pools, golf courses and other amenities without following Florida law. The complaint, filed in Palm Beach County Circuit Court, names Kings Point Recreation Corporation (KPRC), Vesta Property Services, and 91 Kings Point condominium associations as defendants.

The lawsuit, led by residents Jonathan Garberg, Fred Silverman, Susan Feldman and Kevin Scheiner, claims the management companies have been imposing suspensions from recreation privileges without the notice, hearing, or due process required by Florida Statute §718.303, which governs condominium associations. The residents argue they were forced to continue paying monthly “recreation maintenance assessments” — totaling more than $20 million in 2023 — even while barred from using the very amenities those fees support. According to the filing, the suspensions were often imposed arbitrarily for minor or disputed conduct, such as walking on a golf course or causing an alleged “disturbance” at a clubhouse meeting. The lawsuit alleges that the companies managing Kings Point, a 55-and-older community of about 12,000 residents, knowingly took advantage of elderly homeowners who lacked the time or energy to challenge the suspensions. “Most residents simply didn’t have the fortitude to fight back,” the complaint states. The plaintiffs are seeking class certification, a court declaration that KPRC and Vesta are subject to the same laws as the condominium associations they manage, and an injunction halting any further suspensions without proper hearings.

Kings Point is facing a potential class action lawsuit.

 

They also want compensation for the money paid during the suspension periods and damages for what they call the “chilling effect” — fear among residents of using community facilities out of concern they might be suspended next.

Filed by attorney Michael E. Zapin of Delray Beach, the case paints a picture of a senior community where management power has gone unchecked. The lawsuit argues that because KPRC and Vesta act as agents of the condo associations, they must follow the same due process rules. “Defendants cannot escape accountability by creating a separate corporate entity,” the filing says. The residents are asking the court to force compliance, award damages, and ensure that Kings Point’s retirees can once again use their pools, tennis courts, and theaters without fear of losing access.

Click here to read the complete lawsuit