WEST PALM BEACH – A judge in the U.S. District Court for the Southern District of Florida recently recommended granting parts of motions filed in litigation between a real estate agency and two property owner associations over condominium properties in the Palm Beach County community of Hunters Run.
In his 43-page report and recommendation issued Dec. 22, U.S. District Magistrate Judge Bruce Reinhart recommended that parts of a motion to dismiss by Stratford at Hunters Run Condominium Association be dismissed without prejudice and other parts of the same motion be entirely dismissed without prejudice. Reinhart also recommended Hunters Run Property Owners Association's motion to strike a third party complaint by Centerline Real Estate be denied as moot.
Hunters Run Property Owners is the association for the Hunters Run residential community in Boynton Beach, Stratford at Hunters Run Condominium Association is an association of condominium units in the community and Centerline owns properties within the Stratford at Hunters Run condominiums. In February, Hunters Run Condominium Association filed a single-count verified complaint for injunctive relief in state court asking the court to force Centerline to pay club membership and other fees, as required by local covenants and bylaws, for all of its Hunters Run properties.
In April, Centerline counterclaimed for trespass and declaratory relief, claiming Hunters Run Condominium Association had unlawfully restricted Centerline's access to its Hunters Run properties and that it shouldn't have to pay the fees.
The case currently is assigned to U.S. District Judge Robin L. Rosenberg.
Reinhart also recommended that "Centerline be granted one final chance to amend its counterclaims, but not be permitted to add new parties or claims."
Reinhart made recommendations in three motions to dismiss counterclaims between litigants in the case.
Stratford at Hunters Run filed a motion to dismiss Centerline's third-party complaint for improper impleader, lack of subject matter jurisdiction and failure to state a claim. Hunters Run Property Owners filed motions to strike Centerline's claims against Stratford at Hunters Run and to dismiss Centerline's amended counterclaim.