Filin g# 116016152 E-Filed 11/02/2020 05:04:56 PM

IN THE
... CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
.
. .
IN AND FOR PALM BEACH COUNTY; FLORIDA

.CASE NO .. 2017-CA-004532~MB-AI
OAKS AT BOC ARA TON PROPERTY
OWNERS ASSOCIATION, INC.

Plantiff,
v.

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L.AURENCE SCHNEIDER,
STEPHANIE.SCHNEIDER,.
UNKNOWN TEN ANT #!, et al.,

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Defend~rit(s).
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DEF END ANT S'MO TION FOR TEMPORARY INJU
NCTION/RESTRAINING ORDER.

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Deferidarits, LAU REN CE S. SCJHNEIDER (hereinafter '"'Mr. Schneider) and
STEPHANIE L. SCHNEIDER (hereinaf:ter Mrs. Schne
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ider),_ pro se; seek. :this Temporary
Injunction/Restraining Order again st 'IJ1e Oaks at Boca Raton
Property Owners Association, inc..
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(hereinafter "The Oaks"), Allie4 Security Services (~ere

iliafter "Allied'~).· First. American Bank
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(hereinafter FAB) and Joe Ressler, Vice President ofFAB

(hereinafter "Ressler'') anci as grounds·
therefore; state the.following:
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1. St~i ng September 4, 2020~ and on multiple occas

ions thereafter; the Schiteiclers
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and/or their adult children, who live at home with their paren
ts, have been denied access to their
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·residence by Allied, a third party security service provi

der,. contracted by The Oaks .under the
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direction of Ressler and/or FAB.

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2. Ressler, Vice President of FAB, is .denying access to

the .ho.tisekeeper, landscapers,
employees, family members and any and all guests that come to see Mr. and,Mrs. Schneider
and/or their adult children.

FILED: PALM BEACH COUNTY, FL, SHARON R.

BOCK, CLERK, 11/02/2
 3. In addition to the aforementioned, Ressler is also
denying the Schneiders andt heir
adult children access to basic necessities such as food
delivery via Instacart during a global
pandemic where there are national, state and local
emergency orders in place which prohibit
individuals and/or corporations from denying access to
essential services.
4. Allied, subcontracted by The Oaks, but under the
direction of Ressler at FAB, have

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denied the Schneiders unobstructed access to their resid
ence including, .but not limited to, the
following dates:

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a. On September 16, 2020, the Schneiders' son, Zach
ary Schneider, was denied

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access to the residence. When Laurence and Zachary
Schneider questioned
why they were being denied access to their place
of residence, despite

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Laurence Schneider showing the Allied guard his car
registration as "pro of of
residence", he was told by the supervisor that "someone
by the name of 'Joe'
had given these instructions.''
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b. On October 18, 2020, Laurence Schneider's
87-year old mother, Muriel
Schneider, and his 92-year old aunt, Gloria Feldm
an, came to visit the
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Schneiders and their children, bringing with them

dinner for the family.
Zachary Schneider met the car outside of the community
in order to facilitate
Mrs. Schneider's and Mrs. Feldman's entry into the comm
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unity. However, the

Allied guard on duty at the gate is can be seen on
video harassing Muriel
Schneider and Gloria Feldman forn ot being on the "list.
" Despite relenting to
letting the car go through so that Muriel Schneider and
Gloria Feldman could
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drop off Zachary Schneider at the front of the resid

ence, the Allied guard
followed to ensure that Muriel and Gloria did not get
out of the vehicle to visit
with her son and grandchildren.
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.c. Later in the evening of October 18 2020 at arou

2 nd 11:00 p.m., upon his
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return to the residence after running errands, Laurence

Schneider was denied
access to his own residence. Mr. Schneider showed
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his driver's license and

requested to speak with someone who could resolve
the issue. The Allied
guard on duty told him to ''call the bank" which was
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already closed as it was

after 4:00 p.m. Mr. Schneider was forced to call
the Palm Beach County
Sher iffs Department who upon arrival at thes cene
advised the Allied guard
that these actions should not be taking place during
the middle of a civil suit
and that the Allied guard's actions were in fact
unconstitutional. Mr.
Schneider was then granted access to his home.
 d. On .October 25, 2020, an Instacart representative
was denied entry to the
community in order to deliver food to the Schneider
residence. Laurence
Schneider drove up to the guard gate to resolve the
issue. Despite Mr.
Schneider advising the Allied guard the Sher iffs offic
e had already made it
clear that preventing anyone from corning into the
Schneiders' residence is
against the Constitution and is not allowed, the Allie
d guard responded by
saying he "was more worried about keeping my job
than you having food at
your house." Mr. Schneider had no other choice but
then to transfer the food
from the vehicle of the Instacart representative to his own
vehicle.

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e. On November 2, 2020, the Allied guard on duty
again denied entry to the
Instacart representative delivering food to the Schneider
residence. Despite
being on notice that denying the entry for the
delivery of food was

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unconstitutional, Mr. Schneider nonetheless had to drive
down to the guard
gate and again transfer the food delivery from the Insta
cart representative's

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vehicle to this own. Mr. Schneider was advised by the
Allied guard that "the
bank told the HOA and the HOA told the security guard
s to deny entry to any
food service or guests that come to see the Schneiders.

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Relevant Applicable Law Regarding Suspension
of Rights
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5. The Oaks, as a homeowner association, is a
creature of the applicable Florida
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Statutes.
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6. Florida Statute §720.305, Obligations of members

; remedies at law or in equity;
levy of fines and suspension of use rights, states in
substance (emphasis added):
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(I) Each member and the member's tenants, gues

ts, and invitees, and each association,
are governed by, and must comply with, this chap
ter, the governing documents of the
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.community, and the rules of the association. Actions

at law or in equity, or both, to redress
alleged failure or refusal to comply with these provision
s may be brought by the association or
by any member against:
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(a)· The association;

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(b) A member;

(c) Any director or officer of an association who willf

to comply with these provisions; and ully and knowingly fails

(d) Any tenants, guests, or invitees occupying a parcel

areas. or using the common
 The prevailing party in any such litigation is entitled to
recover reasonable attorney fees and
costs. A member prevailing in an action between the assoc
iation and the member under this
section, in addition to recovering his or her reasonable
attorney fees, may recover additional
amounts as determined by the court to be necessary to reimb
urse the member for his or her share
of assessments levied by the association to fund its expen
ses of the litigation. This relief does not
exclude other remedies provided by law. This section does
not deprive any person of any other
available right or remedy.

(2) The association may levy reasonable fines. A fine

may not exceed $100 per violation
against any member or any member's tenant, guest, or invite
e for the failure of the owner of the

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parcel or its occupant, licensee, or invitee to comply with
any provision of the declaration, the
association bylaws, or reasonable rules of the association
unless otherwise provided in the
governing documents; A fine may be levied by the board
for each day of a continuing violation,

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with a single notice and opportunity for hearing, exce pttha
t the fine may not exceed $1,000 in
the aggregate unless otherwise provided in the governing
documents. A fine of less than $1,000

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may not become a lien against a parcel. In any action to
recover a fine, the prevailing party is
entitled to reasonable attorney fees and costs from the non-p
revailing party as determined by the
court.

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(a) An association may suspend, for a reasonable period
of time, the right of a member,
or a member's tenant, guest, or invitee, to use common areas
and facilities for the failure of the
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owner of the parcel or its occupant, licensee, or invite
e to comply with any provision of the
declaration, the association bylaws, or reasonable rules of
the association. This paragraph does
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not apply to that portion of common areas used to prov

ide access or utility services to the
parcel. A suspension may not prohibit an owner
or tenant of a parcel from having
vehicular and pedestrian ingress to arid egress from the
parcel, including, but not limited
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to, the right to park.

(b) A fine or suspension levied by the board of admi

nistration may not be imposed
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unless the board first provides at least I 4 days' notice to

the parcel owner and, if applicable, any
occupant, licensee, or invitee of the parcel owner, sough
t to be fined or suspended and an
opportunity for a hearing before a committee of at least
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three members appointed by the board

who are not officers; directors, or employees of the assoc
iation, or the spouse, parent, child,
brother, or sister of an officer, director, or employee. If the
committee, by majority vote, does not
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approve a proposed fine or suspension, the proposed fine

or suspension may not be imposed. The
role of the committee is limited to determining whet
her to confirm or reject the fine or
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suspension levied by the board. If the proposed fine

or suspension levied by the board is
approved by the committee, the fine paym ent is due 5
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days after the date of the committee

meeting at which the fine is approved. The association must
provide written notice of such fine
or suspension by mail. or hand delivery to the parcel owne
r and, if applicable, to any tenant,
Hcensee, or invitee of the parcel owner.

(3) If a member is more than 90 days delinquent in payin

g any fee, fine, or other monetary
obligation due to the association, the association may suspe
nd the rights of the member; or the
member's tenant, guest, or invitee, to use common areas
and facilities until the fee, fine, or other
monetary obligation is paid in full. This subsection docs
not apply to that portion of common
 areas used to provide access or utility services to the parce
l. A suspension may not prohibit
an owner or tenant of a parcel from having vehicular and
pedestrian ingress to and egress
from the parcel, including, but not limited to, the right
to park. The notice and hearing
requirements under subsection (2) do not apply to a suspension impos
ed under this subsection.
(4) An association may suspend the voting rights of a parcel or
member for the nonpayment
of any fee, fine, or other monetary obligation due to the assoc
iation that is more than 90 days
delinquent. A voting interest or consent right allocated to a parce
l or member which has been
suspended by the association shall be subtracted from the total
number of voting interests in the
association, which shall be reduced by the number of suspe
nded voting interests when

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calculating the total percentage or number of all voting interests
available to take or approve any
action, and the suspended voting interests shall not be considered
for any purpose, including, but
not limited to, the percentage or number of voting interests neces
sary to constitute a quorum, the

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percentage or number of voting interests required to conduct an
election, or the ·percentage or
number of voting interests required to approve an action under
this chapter or pursuant to the

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governing documents. The notice and hearing requirements under
subsection (2) do not apply to
a suspension imposed under this subsection. The suspension
ends upon full payment of all
obligations currently due or overdue to the association.

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7. In the above-styled matter, Mr. and Mrs. Schneider, their
adult children, their
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extended family and friends, their housekeeper, landscapers, emplo
yees and any and all other
guests including, but not limited to, food delivery service, have
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been denied access to the

residence located within The Oaks not because of any dispute with
the homeowners association
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itself, but at the direction of Joe Ressler, Vice President of First

American Bank, who despite
ongoing litigation in the Southern District of Florida, under case
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number 20-cv-81728-RS, is
attempting to harass the Schneiders into abandoning their claims
and their residence.
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WHEREFORE, Defendants, LAURENCE S. SCHNEIDER

and STEPAHINE L.
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SCHNEIDER, respectfully request that this Court grant them

an injunction/restraining order
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against The. Oaks at.Boca Raton Property Owners Association

, Inc., Allied Security Services;
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First American Bank and Joe Ressler, Vice President of First Amer
ican Bank, to prevent them
from denying access to Mr. and Mrs. Schneider, their adult childr
en, their extended family and
friends, their housekeeper, landscapers, employees and any and
all other guests including, but
not limited to, food delivery service, access to the residence locate
d at 17685 Circle Pond Court,
Boca Raton, Florida 33496 and· for any other relief that this Court
deems just and proper under
the circumstances.

LAURENCE SCHNEIDER, Pro Se

17685 Circle Pond Court
Boca Raton, FL 3349 6

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Tel: 305-710-4201
Email: larry@sacapitalpartners.com
Sec on~ ;Jor d,xn .sch ne~ gma il.co m

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STEPHANIE SCHNEIDER, Pro Se
17685 Circle Pond Court

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Boca Raton, FL 33496
Tel: 561-322-5103
Email: steffschneiderl 3@gmail.com
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Secondary: Jordyn.schneider1998@gmail.com
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 CERTIFICATE OF SERVICE

I HEREBY CER TIFY that a true and correct copy pf the

foregoing was
delivered via E-filing Portal on this ~ day ofdZ }t(e m
b-{r,-2020 to Aleksandra
Novakovich Gonzalez, Esq., (foreclosures@ssclawfirm.com
), Sachs, Sax Caplan,
Attorneys for Oaks at Boca Raton, 6111 Brok en Sound Park
way, N.W, #200, Boc a
Raton, FL 33487.

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Laurence S. Schneider, Pro Se

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Stephanie L. Schneider, Pro Se·

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