UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 9:20-cv-81175-AHS

STEVEN UNGER,

Plaintiff,

vs.

MAJORCA AT VIA VERDE HOMEOWNERS

ASSOCIATION INC.,

Defendant.

_________________________________/

FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

COMES NOW Plaintiff, STEVEN UNGER, by and through his undersigned counsel, and 

sues Defendant, MAJORCA AT VIA VERDE HOMEOWNERS ASSOCIATION INC., and 

states as follows:

I. NATURE OF THE ACTION

1. This is a civil action brought pursuant to the federal Fair Housing Act [hereafter “FHA”], 

for damages and injuries arising from unlawful discrimination by the Defendant, MAJORCA AT 

VIA VERDE HOMEOWNERS ASSOCIATION INC. against Plaintiff, STEVEN UNGER, a person 

with disabilities. MAJORCA violated the FHA by refusing to make reasonable accommodations to 

its rules, polices, practices, and/or services when such an accommodation is necessary to afford 

the Plaintiff, STEVEN UNGER, an equal opportunity to use and enjoy his dwelling.

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II. JURISDICTION AND VENUE

2. This Court has original jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343, and 42 U.S.C. 

§§ 3601, et seq., and § 3613.

3. Venue is proper under 28 U.S.C. § 1391(b) because the Defendant resides in this District, 

and the events giving rise to the Plaintiff’s claims arose in this District.

III. PARTIES

4. Plaintiff STEVEN UNGER [hereafter “STEVEN UNGER” and/or “Plaintiff”], is an 

individual with a disability that qualifies him for the protections of the FHA.

5. Defendant, MAJORCA AT VIA VERDE HOMEOWNERS ASSOCIATION INC., (hereinafter 

“MAJORCA” or “Defendant”), is a Florida non-profit corporation, organized and operating 

pursuant to Chapter 718, Florida Statutes, with its primary address at 3901 N. Federal Highway 

Suite 202, Boca Raton, FL 33431 and is responsible for administering and governing its housing 

community pursuant to its Articles of Incorporation, Declaration and By-Laws, and its Rules and 

Regulations.

6. The townhouses governed by MAJORCA are “dwellings” within the meaning of 42 USC 

§ 3602(b) of the FHA. 

7. MAJORCA is subject to the anti-discrimination provisions of the FHA.

IV. FACTUAL ALLEGATIONS

8. STEVEN UNGER lives in a townhome located within the MAJORCA community. 

9. STEVEN UNGER and his wife SANNE UNGER purchased their unit located at 5205 

Majorca Club Drive, Boca Raton, FL 33486.

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10. STEVEN UNGER suffers from and has a history of suffering from severe ankylosing 

spondylitis. STEVEN UNGER’S ankylosing spondylitis substantially limits his major life 

activities, particularly walking. Accordingly, STEVEN UNGER has a “handicap” pursuant to 42 

U.S.C. § 3602(h), FHA.

11. A letter from STEVEN UNGER’s Rheumatologist Dr. Ira Prado attesting to the fact that 

STEVEN UNGER suffers from Ankylosing Spondylitis, the symptoms of which include fatigue 

and chronic pain, and which substantially interferes with STEVEN UNGER’s mobility is marked, 

attached hereto and incorporated by reference as “Exhibit A”.

12. When STEVEN UNGER first began living at MAJORCA, the minutes of the homeowners’ 

association (“HOA”) meetings were promptly posted online on the MAJORCA HOA’s website, 

immediately after the meeting was held.

13. For unknown reasons, starting in April 2019, the minutes were no longer posted to the 

MAJORCA HOA website.

14. Mr. Unger cannot attend the meetings himself because of his disabling ankylosing 

spondylitis and the fact that meetings are held several miles from MAJORCA.

15. Online access to the minutes of the HOA meetings is important to STEVEN UNGER 

because he is physically unable to attend the meetings in person.

16. Beginning more than two years ago, on July 19, 2019, STEVEN UNGER began emailing 

Daniel Johnson, then the secretary of the MAJORCA HOA Board, requesting that copies of the 

minutes of the HOA meetings be forwarded to him.

17. Additionally, on July 25th and 26th, 2019 STEVEN UNGER’s wife Sanne Unger emailed 

Tara Leigh Scott, president of the HOA, requesting that the minutes of the HOA meetings be 

posted online.

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18. Tara Leigh Scott promised that the minutes would be posted, but the promise was never

fulfilled.

19. In November of 2019 a new management company took over managing MAJORCA.

20. On January 15, 2020 Mrs. Unger emailed the new property manager, David Schwartz,

asking if there was a community website for MAJORCA, and if so when it would be online. In 

her email Mrs. Unger indicated that there had not been access to personal account information and 

community happenings for several months.

21. On March 4, 2020 Mrs. Unger emailed the property manager as follows:

Mr. Schwartz,

I never heard back from you regarding my email below; requesting

access for my husband to view the HOA minutes and community 

account information and events. Unfortunately, he is unable to 

attend board meetings. In the past, he was able to view them online 

but has not had access for several months. Kindly post the 

information this week so he can keep up to date on the community 

happenings.

Thank you,

Sanne Unger

5205 Majorca Club Dr

22. Having heard nothing from Mr. Schwartz or anyone else associated with MAJORCA, on 

March 9, 2020 Ms. Unger made a formal request for accommodation on STEVEN UNGER’s 

behalf. Specifically, her request stated: 

Mr. Schwartz, Ms. Weaver, Mr. Johnson,

My husband Steven has a physical disability that limits his mobility, 

and he is therefore unable to attend monthly HOA board meetings 

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and has limited access to the community mailboxes. I am requesting 

a reasonable accommodation be made for him. 

Please e-mail either a recording of the board meetings, or a 

transcript of the monthly board meetings minutes to 

sama59@gmail.com immediately after the meetings occur. Please 

e-mail all community announcements, agendas, notifications, 

surveys, homeowner correspondence and any other communityrelated mailings to sama59@gmail.com.

Kindly respond to my request within seven (7) business days. Thank 

you for your time and consideration, I look forward to receiving 

your response.

Sanne Unger

5205 Majorca Club Dr

The March 9, 2020 Reasonable Accommodation Request is marked, attached hereto and 

incorporated by reference as “Exhibit B.”

23. Mr. Schwartz finally responded by email on March 27, 2020 as follows:

Good Morning:

At this time, the board of directors does not record audio or video 

of the Board meetings. This is not normal practice for the board 

meetings. If and when you are able to attend the Board meetings, 

you are able to record the Board meetings. I believe the location of 

the meetings which are held at Sugar Sand Park is ADA compliant. 

If you are not able to attend the meetings, 

The only transcripts which are available are the approved meeting 

minutes from the previous meeting. A website is being developed, 

Case 9:20-cv-81175-AHS Document 18-1 Entered on FLSD Docket 07/28/2021 Page 5 of 20
once that is up and running, you will be able to have access to the 

community information easily. In the meantime, when the 

community information is available we will email you a copy.

Should you have any additional questions please let me know.

Thank you,

David Schwartz LCAM

The March 27, 2020 email denying the requested accommodation is marked, attached hereto and 

incorporated by reference as “Exhibit C.

24. No minutes, draft or final, have ever been emailed to STEVEN UNGER as requested.

25. On May 15, 2020 UNGER’s undersigned counsel wrote to property manager David 

Schwartz and MAJORCA’s Board in a futile attempt to explain MARJORCA’s obligation to 

accommodate UNGER’s disability. The letter from STEVEN UNGER’s counsel is marked, 

attached, and incorporated herein as “Exhibit D.”

26. On May 26, 2020, MAJORCA responded through its counsel, Attorney Karen A. Gagliano, 

stating that because of Covid 19 HOA meetings are being held by Zoom, that Mr. and Mrs. Unger 

have access to in person and/or Zoom meetings, and “future approved minutes of Association will 

continue to be timely posted on the website, as will various other records of the Association.” 

Attorney Gagliano’s May 26, 2020 letter is marked, attached hereto and incorporated by reference 

as “Exhibit E.”

27. The minutes of the HOA meetings are still not being posted to the community’s website, 

timely or at all.

28. Because of his fatigue and chronic pain STEVEN UNGER is not always well enough to 

attend HOA meeting via Zoom.

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29. Even when well enough, STEVEN UNGER has not always been able to attend HOA 

meetings via Zoom because he and Mrs. Unger have been kept in the “waiting room” and not 

admitted to the meetings. 

30. The use of the Zoom platform for meetings is temporary, when the pandemic is no longer 

an issue, MAJORCA’s HOA meetings will again be held offsite.

31. According to MAJORCA’s counsel, “[w]hen in person meetings restart, your clients can 

have Mrs. Unger, or any other identified representative of Mr. Unger, attend and tape or video 

record the meetings for his personal use if that is what he wants.”

32. The letter from MAJORCA’s counsel does not indicate why having MAJORCA tape o the 

meetings and provide Mr. Unger a copy would be an administrative or financial burden.

33. Obtaining a cassette recorder and having a board member push the on button at the 

inception of an HOA meeting, the off button at the meeting’s terminus, and providing the recorded 

tape to STEVEN UNGER after the meeting imposes minimal burden upon MAJORCA, financial 

or administrative.

34. If STEVEN UNGER’S wife had the time and inclination to attend the Board Meetings she 

could do so without the permission of the Board as she is also a resident of MAJORCA. Offering 

to allow STEVEN UNGER’s wife to attend Board meetings to tape the meetings for him provides 

him nothing he did not already have. It is not an accommodation.

35. STEVEN UNGER’S wife, a college professor, already has demanding personal and 

professional obligations coupled with a complete lack of interest in the actions of MAJORCA’s 

board. There is no authority for imposing the burden of attending an offsite HOA meeting upon

the spouse of a disabled person simply to avoid having to make an otherwise reasonable 

accommodation.

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36. Enlisting a third-party to attend HOA meetings and make recordings for him would require 

STEVEN UNGER to pay for that person’s time, assuming such a person could be even found.

37. An accommodation that requires a person with disability to pay extra fees is not a 

reasonable accommodation when the housing provider could easily, without undue financial or 

administrative burdens, accomplish the basic purpose of the requested accommodation without 

imposing a recurring expense on the disabled resident.

38. The alternative accommodation that has been offered is not reasonable. 

39. The purpose of the accommodation, providing STEVEN UNGER equal access to the 

content of meetings of MAJORCA’s Board, can be accomplished without undue financial or 

administrative burdens to MAJORCA.

40. The one-time expense of obtaining a cassette recorder is approximately $40.00, a pack of 

5 (five) 90-minute tapes is $14.24 on Amazon.com.

1 Even if MAJORCA had to obtain a new 

cassette recorder every single year, the expense incurred in accommodating STEVEN UNGER’s 

desire for a recording of the board meetings which he is physically unable to attend would be less 

than $100.00 annually.

41. As of the date of this filing, MAJORCA has failed to accommodate STEVEN UNGER’s 

disability by providing him minutes or recordings of meetings of the MAJORCA HOA, either 

immediately after the meetings, or at all.

1 https://www.amazon.com/Maxell-108562-PacksMaxell-RecordingProtective/dp/B00006IAAL/ref=asc_df_B00006IAAL/?tag=hyprod20&linkCode=df0&hvadid=459527314024&hvpos=&hvnetw=g&hvrand=9183966267398818830&hvpone=

&hvptwo=&hvqmt=&hvdev=c&hvdvcmdl=&hvlocint=&hvlocphy=1015033&hvtargid=pla433881646245&psc=1 (visited July 25, 2021)

Case 9:20-cv-81175-AHS Document 18-1 Entered on FLSD Docket 07/28/2021 Page 8 of 20
42. MAJORCA’s failure to modify its policies to accommodate STEVEN UNGER’s disability 

is unreasonable, discriminatory and unlawful. 

43. MAJORCA's actions are intentional, deliberate, willful and in total and reckless disregard 

of STEVEN UNGER's rights and show total indifference to STEVEN UNGER's disabilities.

44. STEVEN UNGER has been injured by MAJORCA’s discriminatory housing practices and 

therefore qualifies as an “aggrieved person” pursuant to 42 U.S.C. § 3602(i). 

45. As a direct and proximate result of MAJORCA’s conduct, STEVEN UNGER has incurred 

attorney’s fees and has suffered and continues to suffer irreparable loss and injury including, but 

not limited to, mental anguish, loss of dignity, emotional distress, humiliation, and loss of his right 

to equal housing opportunities regardless of disability.

46. STEVEN UNGER retained undersigned counsel and is obligated to pay a reasonable fee 

for her services.

47. All conditions precedent to the Plaintiff bringing this action have occurred, or the 

performance of such conditions have been waived by the Defendant.

COUNT I

FAILURE TO REASONABLY ACCOMMODATE

48. Plaintiff re-alleges and incorporates by reference Paragraphs 1-47 as if fully set forth 

herein.

49. STEVEN UNGER suffers from ankylosing spondylitis, which substantially limits his 

mobility and causes him chronic pain and fatigue.

50. Because of his disability STEVEN UNGER is unable to attend meetings of MAJORCA’s 

homeowner’s association in person.

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51. MAJORCA was requested to provide minutes or a recording the meetings of the HOA to 

STEVEN UNGER because STEVEN UNGER’s disability prevents him from being physically in 

attendance at HOA meetings.

52. MAJORCA has actual knowledge of STEVEN UNGER’s disability and of his inability to 

attend association meetings in person.

53. As of the date of this filing, MAJORCA has failed to grant the request to accommodate 

STEVEN UNGER’s disability by recording the association’s meetings and/or ensuring he is 

provided prompt access to minutes of the meetings.

54. MAJORCA’s proffered accommodation of having STEVEN UNGER’s wife or an 

unknown third-party attend association meetings and record the meetings for him is unreasonable.

55. As of the date of this filing, MAJORCA has failed to accommodate a reasonable request 

for a disability. 

56. Accommodating STEVEN UNGER’s need for recordings and/or access to minutes of the 

HOA meetings would not: 1) result in substantial physical damage to the property of others; 2) 

pose an undue financial and administrative burden; or 3) fundamentally alter the nature of the 

MAJORCA's operations. 

57. MAJORCA’s failure to accommodate STEVEN UNGER’s disability is discriminatory and 

unlawful.

58. MAJORCA’s actions and conduct constitute a conscious and reckless disregard for

STEVEN UNGER’s ’s rights and show total indifference to STEVEN UNGER’s disability.

59. MAJORCA violated 42 U.S.C. § 3604(f)(3)(B), FHA by refusing to make reasonable 

accommodations in its rules, policies, practices, or services, when such accommodations are 

necessary to afford STEVEN UNGER an equal opportunity to use and enjoy his dwelling.

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60. The discriminatory conduct of MAJORCA was intentional, willful, and taken in total 

disregard for Plaintiff's rights.

61. As a direct and proximate result of MAJORCA’s failure to accommodate, STEVEN 

UNGER has suffered irreparable loss and injury including, but not limited to, mental anguish, loss 

of dignity, emotional distress, humiliation, and loss of his right to equal housing opportunities 

regardless of disability.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, STEVEN UNGER, requests that this Court and/or the jury:

A. Enter judgment against MAJORCA AT VIA VERDE HOMEOWNERS

ASSOCIATION INC. declaring that MAJORCA AT VIA VERDE 

HOMEOWNERS ASSOCIATION INC. actions as set forth above, violate federal 

law, including but not limited to the FHA;

B. Enter an order requiring MAJORCA AT VIA VERDE HOMEOWNERS

ASSOCIATION INC. to record its meetings and provide STEVEN UNGER the 

recordings within 24 hours of the meetings’ conclusion;

C. Award STEVEN UNGER such damages as will fully compensate him for his 

injuries caused by MAJORCA AT VIA VERDE HOMEOWNERS

ASSOCIATION INC.’s discriminatory and tortious conduct;

D. Award STEVEN UNGER punitive damages;

E. Award STEVEN UNGER reasonable attorney’s fees and costs incurred in 

bringing this action to enforce his federal rights, including but not limited to those 

under the FHA;

F. Grant such other relief as justice may require.

Case 9:20-cv-81175-AHS Document 18-1 Entered on FLSD Docket 07/28/2021 Page 11 of 20
DEMAND FOR JURY TRIAL

62. Plaintiff demands a jury trial for all issues so triable.

Respectfully submitted this 27th day of July 2021.

Marcy I. LaHart, PA

s/ Marcy I. LaHart

Marcy I. LaHart, Esquire 

Florida Bar No. 0967009

207 SE Tuscawilla Rd

Micanopy, FL 32667

marcy@floridaanimallawyer.com

(352) 545-7001

Counsel for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on July 27, 2021, I electronically filed the foregoing with the Clerk of Court 

for United States District Court, Southern District of Florida, by using the CM/ECF system, 

which will send a copy of the document and notice of electronic filing to all counsel of record.

BY: s/Marcy LaHart

Counsel for Plaintiff

Case 9:20-cv-81175-AHS Document 18-1 Entered on FLSD Docket 07/28/2021 Page 12 of 20
Exhibit A

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-----Original Message-----

From: Sanne Unger [mailto:sanne.majorca@gmail.com] 

Sent: Monday, March 09, 2020 4:07 PM

To: Daniel Johnson, Secretary; David Schwartz; Laureen Weaver

Cc: B. Fletcher, VP Fair Housing Center of the Greater Palm Beaches

Subject: Reasonable Accommodation Request

Mr. Schwartz, Ms. Weaver, Mr. Johnson,

My husband Steven has a physical disability that limits his mobility, and he is therefore unable to attend 

monthly HOA board meetings and has limited access to the community mailboxes. I am requesting a 

reasonable accommodation be made for him.

Please e-mail either a recording of the board meetings, or a transcript of the monthly board meeting 

minutes to sama59@gmail.com immediately after the meetings occur. Please e-mail all community 

announcements, agendas, notifications, surveys, homeowner correspondence, and any other 

community-related mailings to sama59@gmail.com. 

Kindly respond to my request within seven (7) business days. Thank you for your time and consideration, 

I look forward to receiving your response.

Sanne Unger

5205 Majorca Club Drive

Exhibit B

Case 9:20-cv-81175-AHS Document 18-1 Entered on FLSD Docket 07/28/2021 Page 14 of 20
From: David Schwartz <DSchwartz@hawkeyefla.com> 

Date: Fri, 27 Mar 2020 14:48:19 +0000

Subject: Reasonable Accommodation Request

To: Sanne Unger <sanne.majorca@gmail.com>, "SAMA59@GMAIL.COM" <SAMA59@gmail.com> 

Cc: Tara Scott <tara@taraleighscott.com>, "Daniel Johnson, Secretary"

<magansbay2@gmail.com> 

Good Morning:

At this time, the board of directors does not record audio or video of the Board meetings. This is not 

normal practice for the board meetings. If and when you are able to attend the Board meetings, you are 

able to record the Board meetings. I believe the location of the meetings which are held at Sugar Sand 

Park is ADA compliant. If you are not able to attend the meetings, you may designate a set 

representative by power of attorney to attend the meetings for you and then that person may record or 

take notes as necessary of the Board meeting.

The only transcripts which are available are the approved meeting minutes from the previous meeting. 

A website is being developed, once that is up and running, you will be able to have access to the 

community information easily. In the meantime, when the community information is available, we will 

email you a copy.

Should you have any additional questions please let me know.

Thank you,

David Schwartz, LCAM

Hawk-Eye Management, Inc.

3901 North Federal Highway, Suite 202

Boca Raton, Florida 33431

561-392-1600

561-392-1608 Fax

www.hawkeyefla.com

dschwartz@hawkeyefla.com

Exhibit C

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Exhibit D

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Exhibit D

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Exhibit D

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Exhibit E

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Exhibit E

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