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Bonita Bay Group refund in hand, couple continues lawsuit against developerFormer Mediterra club members Robert and Mary Beth Housel aren’t giving up the fight.Despite getting a refund of their membership deposit from Bonita Bay Group, they’re continuing with their civil lawsuit against the developer. On Tuesday, they amended their complaint in Collier County Circuit Court to add more defendants and new charges of unfair trade practices, conspiracy and other violations of state law.Four defendants have been added to the suit: The Club at Mediterra Inc.; Jon Conahan, a club director; Tim Boates, Bonita Bay Group’s former restructuring officer; and his company RAS Management Advisors.In the amended complaint, the Housels allege there was a scheme by all the defendants to “coerce and extort as many members as possible” to give up their contractual right to get a refund of their deposits, to accomplish the sale of the club to its members last year.Members purchased their club from the developer in December after a majority of the members agreed to waive their right to $64 million in deposits and to join the new club.Mediterra’s members paid $6.8 million in cash for their golf and beach clubs and assumed $15 million in debt for a Community Development District, which the developer set up to build roads and provide other basic services to residents.More than 630 residents agreed to join the new club as golf, sports and social members. They all kicked in money toward the purchase, as well as waiving any right to get back their deposits.The Housels allege they’re unable to sell their home. The buyers of their home would have to pay “stiff penalties” to join the new club because they didn’t. Robert Housel estimates the cost of membership to the new owners would be more than $100,000.“I didn’t do anything to deserve this,” he said. “I exercised my right to get my money back.”Earlier this year, he got back his $180,000 deposit, but he’s still seeking damages.He estimates he’s spent $86,000 in legal fees, which he hopes to win back in his lawsuit.The couple seeks actual and punitive damages from the Bonita Springs-based developer. In March, Collier County Circuit Judge Hugh Hayes ruled they could amend their complaint to seek punitive damages, which are extraordinary damages meant to punish and deter wrongdoing.Bonita Bay Group challenged the ruling on punitive damages, but it was upheld by the Second District Court of Appeal last week.“The appeal sought to correct a procedural issue and we will continue to vigorously defend the claim. Mr. Housel has already received the refund of his deposit and he is not entitled to anything more than that,” said Brian Lucas, president, CEO and vice chairman of Bonita Bay Group, in a statement.The developer is still reviewing the latest version of the lawsuit.“The suggestion that the sale of the Club at Mediterra was anything other than beneficial to the Mediterra members is unfounded,” Lucas said. “The sale was overwhelmingly supported by more than 95 percent of the club members and additional members continue to join the new club each month, resulting in more resigned members receiving refunds of their deposits.”After this month’s drawing, he said, only six members remain on the resignation list at Mediterra.“Mr. Housel’s claims notwithstanding, we’re very satisfied with the results at Mediterra,” Lucas said.The Housels were the first to sue the developer after it stopped honoring its promise to refund deposits to resigning club members within 30 days back in 2008. Their allegations include breach of contract, violation of the Florida Deceptive and Unfair Trade Practices Act and fraud.While more than a dozen lawsuits were filed by other members seeking their deposits back, most of them allege only a breach of contract – not fraud.
