What If HOA Loses? If Insurance Covers Now, What Happens Next Time? Federal Trial Starts In Weeks… No Settlement Yet…
BY: SEVEN BRIDGES BUREAU | BocaNewsNow.com
DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — The $7M federal discrimination case against the high-end West Delray Beach community of Seven Bridges is just weeks from trial — with both sides apparently refusing to settle. The stakes are high. If the homeowners association loses the case, it could be on the hook for the plaintiff’s original demand of $7M. Any amount is ultimately up to a jury. While the community’s insurance would likely be responsible, it raises serious questions about the community’s ability to carry insurance moving forward — according to insurance professionals speaking with BocaNewsNow.com.
After years of back-and-forth, the federal magistrate judge overseeing the case has gone so far as to order both sides to file proposed jury instructions. We are printing excerpts below. The case is now scheduled for trial in March. It is expected last eight days.
Attorneys for Deborah LaGrasso, the plaintiff, argue that she and her family were discriminated against by other homeowners and, ultimately, a previous board of directors. This is part of the proposed instructions filed be her attorneys:
“This is a civil case. To help you follow the evidence, I’ll summarize the
parties’ positions. The Plaintiffs, Jeffrey and Deborah LaGrasso, are husband and wife with three young daughters aged 11, 13 and 16 at the time their lawsuit was filed. The Defendant in this case is the Seven Bridges Homeowners Association, Inc. Plaintiffs have alleged that the Association is liable for violations of the Fair Housing Act for actions taken against the LaGrassos that violate their protected rights. More specifically, the LaGrasso’s, who are Christians, allege that they moved into a gated community that is predominantly Jewish in West Boca Raton/Delray, and they allege they were repeatedly harassed, threatened, intimidated, and ostracized by neighbors on account of their religion. The LaGrassos allege that the association was notified of the prohibited harassment and not only refused to do anything about it, but actively contributed to the abuse by adversely treating the LaGrassos in the form of monetary penalties/sanctions and suspensions from club facilities.”
But attorneys for the Seven Bridges Homeowners Association Board of Directors claims otherwise. This is part of the jury instructions proposed by the defense:
“This is a civil case. To help you follow the evidence, I’ll summarize the parties’ positions. The Plaintiffs, Jeffrey LaGrasso and Deborah LaGrasso claim that the Defendant Seven Bridges violated the FHA by discriminating against them due to their religion through a systematic strategy to assess baseless sanctions against them that limited their use of services or facilities in the community. The Association denies that it discriminated against Mr. and Mrs. LaGrasso and contends that its actions with regard to Mrs. LaGrasso were a direct result of Mrs. LaGrasso’s own actions and behavior towards other residents, and the Association’s steps were taken for the safety and welfare of the community. The Association contends it took no actions with regards to Mr. LaGrasso. The Association states that its actions are lawful and justifiable based upon and in response to Mrs. LaGrasso’s own behavior and was not due to her religion.”
The complete document — all 50 pages of it — can be read, below. This case is being watched by HOA’s nationwide.
LOCAL JOURNALISM SUPPORTER.
