Boca West Loses Motion in $500M Lawsuit

Philip Kupperman (left), Larry Corman (center) and Jerold Glassman (right). Boca West image (bottom) by Google.

The $500 million class action lawsuit against Boca West continues to fester in federal court. There’s a relatively new detail – Boca West lost on a procedural motion in late September.

We previously reported on the Boca West lawsuit in May. The plaintiffs are represented by local attorney Ron Kaniuk and are working with a specialist in class action lawsuits. Attorney Michael Braunstein handles complex consumer class action cases. He is based in New York State and they sought to have him formally “admitted” to the case in a role commonly known among attorneys as “pro hac vice” that allows attorneys to appear in cases in other states.
Boca West had opposed the pro hac vice motion claiming that he was not ethically appropriate. Magistrate Judge Hopkins ruled against Boca West.
On our read of the papers we would go further: Boca West’s opposition was laughable and bordered on frivolous. Nothing they raised came close to meeting the standard that would allow a court to deny pro hac vice admission.

Boca West Sued in $500M Class Action

Philip Kupperman (left), Larry Corman (center) and Jerold Glassman (right). Boca West image (bottom) by Google.

Lawyers sued Boca West Country Club and three of the club’s leaders in a $500 million federal class action lawsuit last week on behalf of Frank Calmes who owns a unit in the Hammocks at Boca West condominiums. The class action indicates it represents over 3000 people who purchased property at Boca West Country Club.
Frank Calmes

One critical element of the claim appears to be alleged mismanagement of the new Akoya development going on within the club. The lawsuit says that the defendants mishandled that agreement by not insisting on a “time is of the essence” clause, that this delayed the project by five years, and that the lost revenue caused shortfalls leading to large increases in membership costs, which then made the properties harder to sell and reduced property values by $500 million.
There are condos for sale now in Boca West for as little as $500, with 13 currently active for $10,000 or less.
The lawsuit includes other grievances charges for locker rentals with no refunds after the lockers were demolished.
We see some odd details in the lawsuit. There’s a concept in federal lawsuits called “diversity jurisdiction” and, as we read it, it fails to properly allege diversity (it doesn’t indicate any parties are out of state). That should be minor as it is likely there are property owners in Boca West who are residents of other states.
Also the claim about Akoya seems odd. If they had never reached a deal on Akoya the club still would have not received the revenue from the project. That “lost” revenue amounts to only $17 million. For both reasons we don’t see how that connects to $500 million in reduced property value.
There’s more to the story and we will likely write a follow-up in the next few days, and/or update this article. We reached out to the local attorney who filed the lawsuit, Ron Kaniuk, but he declined comment. Kaniuk is working on the case with an attorney from New York. We also reached out to defendant Larry Corman, who is an attorney, but we haven’t heard back yet.
The full complaint filed in federal court is below:
[gview file=”https://westbocanews.com/wp-content/uploads/2017/05/boca-west.pdf”]

Recent Home Sales in Boca West, New Floresta, Woodfield Hunt Club and Colonnade in Glen Oaks

The 33434 zip code includes real estate between 441 and St. Andrews Blvd, between Glades Road and Yamato Road. Neighborhoods in this area include Boca West Country Club, Hamptons at Boca Raton, Woodfield Hunt Club, Santa Barbara and Century Village.
Boca West is a top rated country club with four championship golf courses and 31 tennis courts. The Aquatics Center has lots of activities and a sprawling free form pool. The Sports Center has a fitness center and aerobics studio. The community has six restaurants. All homeowners must pay an initial $70,000 membership fee. Close to Town Center Mall, the Club has entrances on Glades Road, Jog Road and Yamato Road.

19787 Oakbrook Circle; image and map data by Google
19787 Oakbrook Circle; image and map data by Google

The contemporary estate home at 19787 Oakbrook Circle sold for $1.5 million. It has 5 bedrooms and 7.1 bathrooms in 7835 sq. ft of living space. This large estate is located in the exclusively gated Oakbrook Enclave of Boca West Country Club. The double lot includes a clay tennis court. The backyard has a magical zen garden with a koi pond and gazebo.  There is a resort style pool and spa overlooking the golf course.
Special features in the home include a home theater and entertainment lounge. The master bedroom boasts his and hers bathrooms and closets. The living room has a fireplace, beautiful marble floors and a unique wood ceiling. The family room has a wall of large windows that look out onto the pool deck. Upstairs is a large balcony. The kitchen has custom cabinets and a large island. Built in 1982.
New Floresta is a small community on Potomac Road between Jog Road and St. Andrews Blvd. There are sidewalks throughout the community and large lots. Students attend Omni Middle School and Spanish River Community High School.
2921 NW 26th Court; image by Google
2921 NW 26th Court; image by Google

The Mediterranean style home at 2921 NW 26th Court sold for $810,000. It has 5 bedrooms and 4 full bathrooms in 3336 sq. ft. of living space. Located on a cul de sac, the backyard  has a fenced in patio and pool overlooking the garden. There is a new kitchen with stainless steel appliances, granite counter tops and marble flooring. The kitchen has an eat in area and overlooks the family room and backyard. All the bathrooms have been renovated. The master suite features 2 large walk in closets. The roof was replaced in 2006. Built in 1985.
2601 NW 28th Terrace; image by Google
2601 NW 28th Terrace; image by Google

The colonial house at 2601 NW 28th Terrace sold for $650,000. It has 4 bedrooms and 3 full bathrooms in 3259 sq. ft. of living space. A circular drive leads to the double door entry of the home. There is a large white, open kitchen with a center island, double wall ovens and lots of cabinets. The kitchen eat-in area overlooks the patio and pool. Beautiful wood floors are in the living room and dining room. A full cabana bath on the main floor has been remodeled. Fireplaces are in the family room and the master bedroom. Built in 1982.
Woodfield Hunt Club is a gated community located on Jog Road just south of Yamato Road. The community has two parks, 5 tennis courts and basketball courts. There is a large clubhouse as well. Non-equity memberships in Woodfield Country club are available to residents. Students attend Omni Middle School and Spanish River Community High School.
The large ranch home at 3090 Canterbury Drive sold for $725,000. It has 4 bedrooms and 3.2 bathrooms in 3282 sq. ft. of living space. The master bath has been upgraded to include marble and granite as well as a jetted tub. Special features include an outdoor kitchen, large covered patio and an over-sized deck with heated pool and spa overlooking the lake and golf course. The heated pool and spa are screened in. Built in 1984.
The Tudor style home at 3715 Canterbury Way sold for $550,000. It has 5 bedrooms and 3.1 bathrooms in 3646 sq. ft. of living space. Located on a large lot, this home has lots of space and potential. There is a 3 car garage and a big circular driveway. Beautiful wood floors are throughout. The kitchen is spacious and has double wall ovens and a stainless steel refrigerator. The private yard has a pool.  Built in 1981.
Colonnade at Glen Oaks is a community located just south of Yamato on St. Andrews. Amenities include sidewalks, bike and jogging paths, basketball and tennis courts. Students are zoned for Calusa Elementary School, Omni Middle School and Spanish River Community High School.
4700 NW 27th Avenue; image by Google
4700 NW 27th Avenue; image by Google

The ranch home at 4700 NW 27th Avenue sold for $690,000. It has 5 bedrooms and 3.1 bathrooms in 2958 sq. ft. of living space. The updated kitchen including double wall ovens leads into a family room with a coral fireplace. The living and dining rooms have vaulted ceilings and french doors leading to the yard. The backyard has a large patio and pool with waterfall easily accessible to the cabana bath. There are gorgeous views of the lake from mulitple rooms of the house. Built in 1985.
4700 NW 26th Avenue; image by Google
4700 NW 26th Avenue; image by Google

The contemporary home at 4700 NW 26th Avenue sold for $675,000. It has 4 bedrooms and 4.1 bathrooms in 3367 sq. ft. of living space. The updated kitchen has wood cabinets, granite counters and newer appliances. The large kitchen, breakfast area and family room overlook the pool. The master suite has 2 walk in closets and an upgraded bathroom with private water closet. The lush landscaped lot has an in ground pool and covered patio.
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Homes Sold in New Floresta, Boca West and Sonoma Lake Estates

The 33434 zip code includes homes between 441 and St. Andrews Blvd, North of Glades Road to Yamato Road. Neighborhoods in this area include Boca West Country Club, Hamptons at Boca Raton, Woodfield Hunt Club, Santa Barbara and Century Village.
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New Floresta is a small community on Potomac Road between Jog Road and St. Andrews Blvd. There are sidewalks throughout the community and large lots. Students attend Omni Middle School and Spanish River Community High School.

2744 NW 28th Terrace; image by Google
2744 NW 28th Terrace; image by Google

This home at 2744 NW 28th Terrace sold for $655,000. It has 4 bedrooms and 2.1 bathrooms in 2551 sq. feet of living space. The beautifully remodeled one story home has new impact glass windows and a new kitchen with beautiful wood cabinets, stainless steel appliances, granite counter tops and 2 wine refrigerators. The bathrooms have been updated as well. The backyard has a new fenced in salt water pool and overlooks the lake. Built in 1983, the home was previously purchased in 2013 for $453,000.
Boca West is a top rated country club with four championship golf courses and 31 tennis courts. The Aquatics Center has lots of activities and a sprawling free form pool. The Sports Center has a fitness center and aerobics studio. The community has six restaurants. All homeowners must pay an initial $70,000 membership fee. Close to Town Center Mall, the Club has entrances on Glades Road and Yamato Road.
7826 Wind Key in Boca West
7826 Wind Key in Boca West

The beautiful one story townhome at 7826 Wind Key Drive sold by our brokerage for $610,000. It has 4 bedrooms and 3 full bathrooms in 2891 sq. feet of living space. The master bath has 2 large vanities with built in drawers. The kitchen was recently updated and the master bedroom was extended and renovated.
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The home has a wonderful lake view and an in ground pool. There is a 2 car garage. Built in 1985, the home was purchased in 1995 for $575,000. The  original purchase price was $283,500.
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The patio home at 20629 Linksview Circle sold for $450,000. It has 4 bedrooms and 3 full bathrooms in 2682 sq. feet of living space. This beautifully updated home has a view of the golf course and an in ground pool. There is ceramic tile throughout. The kitchen has new stainless steel appliances and a breakfast bar. The home was built in 1983.
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Sonoma Lake Estates is a small gated community located on Lyons north of Glades.  Students attend Eagles Landing Middle School and Olympic Heights Community High School. The community has a pool, basketball courts and tennis courts.
8782 Sonoma Lake Boulevard; image and map data by Google
8782 Sonoma Lake Boulevard; image and map data by Google

The 2 story home home at 8782 Sonoma Lake Boulevard sold for $380,000. It has 5 bedrooms and 3.1 bathrooms in 2432 sq. feet of living space. waterfront. There is an open floor plan and new wood floors on the 2nd floor. The master bedroom is on the ground floor. The kitchen features wood cabinets, granite counter tops and stainless steel appliances. Built in 1992, it was last sold in 2015 for $301,100.
The ranch home at 8814 Sonoma Lake Boulevard sold for $336,000. It has 3 bedrooms and 2 full bathrooms in 2026 sq. feet of living space. The kitchen was recently renovated to include stainless steel appliances and granite counter tops. The bathrooms in this open floor plan were also renovated. The backyard has a view of the lake. The home was built in 1989.
Other Neighborhoods:
2766 NW 46th Street; image by Google
2766 NW 46th Street; image by Google

2766 NW 46th Street in Boca Tierra sold for $414,750. It has 3 bedrooms and 3 full bathrooms in 2643 sq. feet of living space.
9748 Court of the Oranges in Boca Fontana sold for $354,700. It has 4 bedrooms and 2 full bathrooms in 2012 sq. feet of living space.
8340 Nadmar Avenue in Brentwood Estates sold for $327,000. It has 3 bedrooms and 2 full bathrooms in 1936 sq. feet of living space.
20450 Linksview Drive in Cypress Point Villas sold for $325,000. It has 2 bedrooms and 2.1 bathrooms in 1827 sq. feet of living space.
19860 Milan Terrace in Brentwood of Boca sold for $309,000. It has  3 bedrooms and 2 full bathrooms in 1803 sq. feet of living space.

Homes Sold in Woodfield Hunt Club, Boca West, Colonnade and New Floresta

The 33434 zip code includes homes between 441 and St. Andrews Blvd, North of Glades Road to Yamato Road. Neighborhoods in this area include Boca West Country Club, Hamptons at Boca Raton, Woodfield Hunt Club, Santa Barbara and Century Village.
Woodfield Hunt Club is a gated community located on Jog Road just south of Yamato Road. The community has two parks, 5 tennis courts and basketball courts. There is a large clubhouse as well. Non-equity memberships in Woodfield Country club are available to residents. Students attend Omni Middle School and Spanish River Community High School.

3320 Saint Charles Circle; image and map data by Google
3320 Saint Charles Circle; image and map data by Google

This large contemporary home at 3320 Saint Charles Circle sold for $955,000. It has 6 bedrooms and 6.1 bathrooms in 4969 sq. feet of living space. The 2 story home has an oversized living room with a fire place and a private office. The kitchen has lots of cabinets, granite counter tops and stainless steel appliances. A screened-in porch overlooks the pool. There is a beautiful pool area, a guest house/cabana and an outdoor kitchen. The home also has a 3 car garage. Built in 1984, it was purchased in 2014 for $830,100.
It’s also a unique location, in the back corner of the community. If you can get through the hedges you can sneak out to one of the tees on a Boca West golf course. But we don’t recommend that.
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The ranch at 3130 Equestrian Drive sold for $787,000. It has 4 bedrooms and 3 full bathrooms in 3023 sq. feet of living space. The home boasts an open floor plan overlooking a panoramic lake view and recently updated kitchen with granite counter tops, 2 dishwashers, a warming oven and 2 sinks. The formal living room features a fireplace and stunning floors. The backyard has a pool with views of the lake and garden. Built in 1983, it was last sold for $832,000 in 2005.
4431 Woodfield Blvd sold for $760,000. It has 5 bedrooms and 4.1 bathrooms in 5390 sq. feet of living space.
Boca West is a top rated country club with four championship golf courses and 31 tennis courts. The Aquatics Center has lots of activities and a sprawling free form pool. The Sports Center has a fitness center and aerobics studio. The community has six restaurants. All homeowners must pay an initial $70,000 membership fee. Close to Town Center Mall, the Club has entrances on Glades Road and Yamato Road.
The two story home at 19727 Oakbrook Circle sold for $913,000. It has 5 bedrooms and 6.3 bathrooms in 9769 sq. feet of living space.  The master bedrooms is located on the ground floor. A unique feature is a private tennis court in the backyard. There is a sweeping staircase when you enter the home and a large open floor plan. Purchased by TD Bank for $636,200 in 2014 and sold for $806,400 in 1999, it was built in 1982.
21217 Clubside Drive in the Clubside subdivision sold for $420,000. It has 3 bedrooms and 2.1 bathrooms in 2519 sq. feet of living space.
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A 2-bed, 2-bath townhome at 20130 Waters Edge Drive sold for $300K. It is well maintained with a pleasant interior and gorgeous view.
20434 Linksview Drive in Cypress Point sold for $420,000. It has 3 bedrooms and 2.1 bathrooms in 2097 sq. feet of living space.
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Colonnade at Glen Oaks is a community located just south of Yamato on St. Andrews. Amenities include sidewalks, bike and jogging paths, basketball and tennis courts. Students are zoned for Calusa Elementary School, Omni Middle School and Spanish River Community High School.
4500 NW 26th Avenue; image by Google
4500 NW 26th Avenue; image by Google

The home at 4500 NW 26th Avenue sold for $618,750. It has 5 bedrooms and 2.1 bathrooms in 2884 square feet of living space. This ranch home is fully updated and has marble and wood flooring throughout. The kitchen has white shaker cabinets and granite counter tops. The master bath was remodeled in 2015 and the pool was recently refinished. Built in 1991, it was purchased in 1991 for $302,000.
2620 NW 42nd Street; image by Google
2620 NW 42nd Street; image by Google

2620 NW 42nd Street sold for $525,000. It has 3 bedrooms and 2 full bathrooms in 2335 sq. feet of living space.
New Floresta is a small community on Potomac Road between Jog Road and St. Andrews Blvd. There are sidewalks throughout the community and large lots. Students attend Omni Middle School and Spanish River Community High School.
2615 NW 29th Drive; image by Google
2615 NW 29th Drive; image by Google

The Spanish style home at 2615 NW 29th Drive sold for $487,900. It has 4 bedrooms and 3 full bathrooms in 3137 sq. feet of living space. The home features an open floor plan, circular drive, and vaulted ceilings. The kitchen has custom cabinets, granite counter tops and stainless steel appliances. The backyard has a pool and spa. Built in 1990, the Bank of New York Mellon Trustee bought it for $435,900 in June 2015. It was sold for $648,000 in 2007.
Santa Barbara
20742 NW 29th Avenue; image and map data by Google
20742 NW 29th Avenue; image and map data by Google

20742 NW 29th Avenue sold for $465,000. It has 3 bedrooms and 2.1 bathrooms in 2578 sq. feet of living space. The house is very close to the corner of Glades and Jog.