While the diagram of the lobby does show that Commercial Office # 1 includes a small walled-off area, it is unclear whether those walls are intended to be internal walls or actual boundary walls. We differentiate the current case from that relied on by the trial court, Wetstone, 222 So.2d 10, as Wetstone involved determining the boundaries of an island as noted in an official survey. Beneath the snowflakes, in a cold far away from the mines of Guinea, Steinmetz walks back to his hotel near the shores of Lake Geneva. Shores of Panama is in the middle of litigation with the builder’s insurance carrier. Shores of Panama Review- The Room. That defense fell on deaf ears. Sending an e-mail through this website does not create an attorney client relationship. By John Cottle, Becker & Poliakoff / Published May 2016 . The jury’s award, issued Wednesday, includes $2.5 million in … The first thing they discovered is that the association had just lost its $1.3 million beach. Shores of Panama is a 23- story Gulf- front luxury resort located in the heart of Panama City Beach. Microsoft Edge. We, however, disagree that the definition of perimetrical boundaries contained in the Declaration is a “courses and distances” measurement. Feb 8, 2016 - A jury has awarded nearly $12 million in damages to the Shores of Panama Resort Community Association in a lawsuit against several former directors of the For starters, the pool was designed by the same people who designed many of Disney World and Universal Studio's water features. 5 v. Farkas, 355 So.2d 163, 164 (Fla. 4th DCA 1978) (“This court has previously held that Declarations of Condominium ought to be construed strictly.”). The Shores of Panama Case: The Fiduciary Duty Owed By Bulk Buyer Controlled Boards. When we walked into Shores of Panama room 1914, the first thing that stood out was that the light switches didn’t seem to work. Pictorially, the Declaration contains a diagram of the condominium's ground floor; the diagram indicates the locations of interior walls and also labels each unit by its name. Because it “assumes some of the attributes of a covenant running with the land,” a declaration of condominium is more than a “mere contract spelling out mutual rights and obligations of the parties thereto,” and thus must be strictly construed. Even when the board can find an attorney willing to sign off on questionable practices, the directors will not necessarily be immune from liability. The lawsuit sought to correct this alleged mistake by forcing the association to give up the beach to the bulk buyers. The trial court determined the written definition of perimetrical boundaries contained in the Declaration was a “courses and distances” measurement that legally superseded the “quantity” measurement of the unit's square footage. The incumbent directors of the Shores of Panama Resort Community Association had the unwavering support of a group of investors who had, two and a half years earlier, purchased just less than half of the condominium units in bulk at a distressed-asset fire sale. The term “courses and distances” refers to “the angles and scaled distances indicated on a plat and must be followed to establish the exact boundaries.” 1 Fla. Jur.2d Adjoining Landowners § 18. The underlying suit originated when the Association sued the Club alleging, among other claims, that the Club was in wrongful possession of the front desk. No. The Shores of Panama verdict will unquestionably have a wide-ranging impact on real estate investors seeking to purchase distressed condominium assets in bulk. Trustees of Internal Imp. Shores Of Panama Resort Homeowners Association, Panama City Florida We provide a list of the board members and property manager for Shores Of Panama Resort Hoa. We agree with the Club and reverse and remand for the trial court to award ownership of the front desk and the area behind it to the Club. The only thing the association got from the settlement was the dismissal of the lawsuit. We recommend using One of the claims made by the association was that they were prevented from owning the beach located behind the condos by the former directors. Appellant, Shores of Panama Club, LLC (the Club), and appellee, Shores of Panama Resort Community Association, Inc. (the Association), each claim ownership of the front desk in the lobby area of the condominium in which each party owns a … T he election had been fiercely contested, and everyone knew the vote would be close. Not every investor seeks power over an association in order to plunder its assets, à la the Shores of Panama, but virtually all will want some degree of control to facilitate the marketing and sale of their units. SHORES OF PANAMA CLUB, LLC, a Delaware Limited Liability Company, Appellant, v. SHORES OF PANAMA RESORT COMMUNITY ASSOCIATION, INC., a Florida Not–For–Profit Corporation, Appellee. Blog. Of that amount, $10 million was for punitive damages – damages not covered by insurance under Florida law. SHORES OF PANAMA CLUB, LLC, a Delaware Limited Liability Company, Appellant, v. SHORES OF PANAMA RESORT COMMUNITY ASSOCIATION, INC., a Florida Not–For–Profit Corporation, Appellee. While it is hoped that Touré, who lives in the US (where she has made an agreement with the authorities), will make an appearance, Conté’s wife should not, barring surprises, be seen at court. The lawsuit alleged “breach of fiduciary duty” on the part of the defendants: New York residents and Shores of Panama Resort condo owners Solly Halberthal, Isere Halberthal, Joshua Ostreicher and Jay Glatter. The units are then described “more particularly” and numerically with each unit's square footage. The Shores of Panama Case: The Fiduciary Duty Owed By Bulk Buyer Controlled Boards. Descriptions of the condominium units found in a declaration and its accompanying exhibits must be strictly construed, as “[a] declaration of a condominium is more than a[ ] mere contract spelling out mutual rights and obligations of the parties thereto it assumes some of the attributes of a covenant running with the land, circumscribing the extent and limits of the enjoyment and use of real property.” Pepe v. Whispering Sands Condo. Print this article Font size - 16 +. Further, the trial court relied on Wetstone for its outline of the legal hierarchy of boundary line markers, noting that natural monuments prevail over courses and distances, and courses and distances prevail over quantity. See also Fountains of Palm Beach Condo., Inc. No. The incumbent directors had been defeated, and the bulk buyers had lost control of the board. Now $72 (Was $̶1̶9̶2̶) on Tripadvisor: Shores of Panama Resort, Panama City Beach. The Declaration specifically states Commercial Office # 1 encompasses 396 square feet. WiFi is free, and this condo also features a front desk. Before purchasing in an HOA community you will want to research their rules and deed restrictions, reserve funds, budget, bylaws, and documents of the association. PANAMA CITY BEACH, Fla. (AP) — A jury has awarded nearly $12 million in damages to the Shores of Panama Resort Community Association in a lawsuit against several former directors of the association. The very general definition of perimetrical boundaries found in the Declaration lacks both a direction and a distance, and is therefore not a “courses and distances” measurement. The lack of clarity of both the perimetrical boundaries definition and the diagram of the lobby area further supports our conclusion that the allocation of square footage within the Declaration controls in this case. 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