June 2010 - Update:
William Harris vs. Waterstone Resort Realty,LLC and Nautilus Cove Condominium Association, Inc.
There are currently two civil actions filed against the NCC BOD, one was filed by two owners when their expensive cycles were stolen from the property during one of those periods when our ‘gated’ community gates were broken and anyone could come into the complex. (Update Feb 2011: this case was 'settled', the condo was represented by our Insurance company and it did not cost us anything directly, probably the insurance premiums will go up, but the case is now closed)
The 2nd is mine and it was initially filed on June 10, 2008 when the BOD and Concord Management company ignored 12 months of my complaints about Waterstone Resort Realty’s renting out their condos in building 7 to tenants who then used them to house imported foreign workers who were employeed at the Marriott Resort in PCB.
Per Florida law the loser pays the winners costs and fees. I have so far paid out $6,500 and the condo has probably paid out more than that.
All this was entirely unnecessary. The BOD and ‘Officers’ of the Assn. were all Developers of this complex. Not only were my complaints totally ignored I was told, incorrectly, that Waterstone could have anyone they wanted live there.
The Developers sold Waterstone 4 condos and me just one. They hoped that Waterstone would buy more condos from them and were quite willing to let Waterstone do anything they wanted with their 4 condos even if it was entirely against 3 major sections of the condo documents.
Waterstone is long gone from this complex, their 4 condos were foreclosed on by Compass Bank and Waterstone is being sued twice by Compass Bank, we have liens against Waterstone for unpaid assessments. The Developers as the BOD and Officers have poorly served the complex and cost owners here thousands of dollars in un-needed legal bills and the matter continues to drag on due to many delays caused by both the BOD and Waterstone.
The BOD will come under owner control with the election of a 2nd owner BOD member in later in 2010. Perhaps the matter can be concluded shortly after the new board takes control, if not we could waste another 2 years in doing depositions and interrogatories before even taking the matter to trial.
I have all along been asking for:
1) a stipulation that the NCC BOD will enforce the condo documents applying to rentals of units, and
2) payment of my legal costs (this latter is as provided for both in the condo documents and Florida law).
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