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 lawsuit sought to correct this alleged mistake by forcing the association to give up the beach to the bulk buyers. The election had been fiercely contested, and everyone knew the vote would be close. This court reviews both orders granting summary judgment and interpretations of condominium declarations de novo. Google Chrome, WOLF, J. 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 … Guest's can relax in a three-bedroom vacation condo rental with a view of the beach. Shores of Panama 402. 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 lawsuit alleged “breach of fiduciary duty” on the part of the defendants: New York residents and Shores of Panama Resort condo owners Solly … Call (850) 640-6466 Message Website. When the final vote was counted and the results announced, the room erupted in cheers. See 605 traveler reviews, 1,552 candid photos, and great deals for Shores of Panama Resort, ranked #83 of 102 specialty lodging in Panama City Beach and rated 2.5 of 5 at Tripadvisor. The jury’s award, issued Wednesday, includes $2.5 million in punitive damages against each the defendants. Firefox, or After such a review, we find the trial court erred in determining the boundary between the Club's Commercial Office # 1 and the Association's Commercial Registration Unit. The pool holds an astonishing 330,000 galloons in its lagoon style. The resort features over 14,000 square feet of pool space, indoor and outdoor with hot tubs, a full spa, modern fitness center with brand new equipment and 2 pool side Tiki bars. Four days before the election, the bulk buyer board met in a meeting closed to other owners and voted to settle the lawsuit by deeding the beach to the bulk buyers for no monetary consideration. On February 3 of this year, a federal district court jury in Tallahassee returned a verdict for $11.9 million against the former directors, $10 million of that amount being in punitive damages. 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. The reasons for seeking to control an association range from the innocent to the nefarious. 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. The Declaration defines the condominium units' boundaries three ways: in words, with numbers, and with diagrams. 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. Shores of Panama 402 admin 2021-01-05T13:41:52-06:00. Property Details. 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. 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. Michael C. Overstreet, Judge. It filed a motion to set aside the settlement of the beach lawsuit, filed a separate lawsuit seeking to recover the beach, and assumed control of a lawsuit filed earlier by an individual association member accusing four members of the bulk buyer board of a breach of fiduciary duty. We, however, disagree that the definition of perimetrical boundaries contained in the Declaration is a “courses and distances” measurement. 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. Ass'n, Inc., 105 So.3d 579, 580 (Fla. 3d DCA 2012). Shores of Panama Resort, Panama City Beach: 235 answers to 60 questions about Shores of Panama Resort, plus 582 reviews and 1,496 candid photos. Print this article Font size - 16 +. Shores of Panama Review- The Room. Regardless of reasons and motives, there is generally friction created between owners and investors when a bulk buyer or subsequent developer takes control of a condominium board using the voting strength of its newly acquired units. Ass'n, Inc., 351 So.2d 755, 757 (Fla. 2d DCA 1977). Shores of Panama Resort: Re-think Panama City and Shores of Panama - See 605 traveler reviews, 582 candid photos, and great deals for Shores of Panama Resort at Tripadvisor. Property Description. from $80 per /nt from $6000 per /mo Book Now. Now $72 (Was $̶1̶9̶2̶) on Tripadvisor: Shores of Panama Resort, Panama City Beach. _____________________________/ Opinion filed October 28, 2016. The accommodations is air conditioned and has a spa bath. T he election had been fiercely contested, and everyone knew the vote would be close. 2 Bedrooms 2 Bathrooms Condo in Panama City Beach. No front porch light, no living room lights, no bedroom lights…only the kitchen light and 2 of the bathroom lights worked. (2006). The Shores of Panama verdict will unquestionably have a wide-ranging impact on real estate investors seeking to purchase distressed condominium assets in bulk. WiFi is free, and this condo also features a front desk. The celebration was short-lived, however, as the new board began assessing the damage of the past two and a half years. In the wake of the Shores of Panama verdict, investors are now on notice that their exercise of board control carries substantial risks for their proxy board members, especially when they use that control to further their own interests at the expense of other association members. 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. The Association then moved for partial summary judgment on the counts involving the front desk, and the Club filed a cross-motion for partial summary judgment; each party contended that the front desk was included within its unit. Stay up-to-date with FindLaw's newsletter for legal professionals, SHORES OF PANAMA CLUB LLC v. SHORES OF PANAMA RESORT COMMUNITY ASSOCIATION INC. Now, however, the other owners were organized and fighting back with their own slate of candidates. Copyright © 2021, Thomson Reuters. 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. 2018 Hurricane Michael. Shores of Panama Resort is located in the heart of Panama City Beach Beach and offers some of the Gulf Coast’s best resort amenities including a beachfront 13,965 square foot lagoon pool and hot tub, 2 tiki bars serving food and cocktails, heated indoor pool and hot tub, fitness center, full spa, beach activities and rental services, high speed internet access and more. 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. Many condos in Panama City Beach have done very well with these insurance claims. 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 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. We find that, as noted by the Declaration itself, the most specific description of the units in the Declaration is the allocation of square footage. In fact, both parties agree that the only way for Commercial Office # 1 to encompass 396 square feet would be if the front desk were included within the unit and if the walls within the unit were considered interior rather than boundary walls. Ranked #81 of 92 specialty lodging in Panama City Beach and rated 3 of 5 at Tripadvisor. As those directors learned, pleading advice of counsel as a justification for such obvious self-dealing will not generally impress a judge or jury. See also Fountains of Palm Beach Condo., Inc. No. By John Cottle, Becker & Poliakoff / Published May 2016 . 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