Thursday, February 24, 2011
Monday, February 7, 2011
Tuesday, January 18, 2011
Now that there is a newly configured Board of Directors I have instructed my lawyer to again contact their attorney Applebaum with a settlement offer which will be the exact same offer as 4 months ago: $6,500 and a definitive statement that the BOD will enforce the documents regarding the rental of condos at the complex.The prior letter to the association was totally ignored, no reply at all. This was to the Developer controlled BOD, now that there is a new BOD perhaps we will end up with an answer.
Wednesday, May 26, 2010
This action was initially filed against both the Condo BOD and Waterstone Resort Realty LLC, the latter having become nothing more than a shell company the case against them has been settled per the below letter and Court filing. The matter now continues against just the Condo BOD.
Double click for larger image.
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Friday, May 7, 2010
How is the Case Progressing?
June 2010 - Update:
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).
Double click for larger image:
William Harris vs. Waterstone Resort Realty,LLC and Nautilus Cove Condominium Association, Inc.
For photos of the violations see:http://mariottforeighemployees.blogspot.com/
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.
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).
=====================================
Double click for larger image:
Wednesday, May 5, 2010
Thursday, March 4, 2010
Wednesday, March 3, 2010
Monday, February 15, 2010
Friday, November 6, 2009
Monday, October 26, 2009
If you want just info about the Nautilus Cove Condo then go to this blog, http://nautiluscondosrules.blogspot.com/, if you want to know about the civil suit against the BOD and Waterstone/NCPCB then you have come to the right place, just keep reading, this is the site you want to look at.
Saturday, August 29, 2009
Wednesday, June 3, 2009
Update:
The Nautilus Cove / Waterstone Suit
For those of you following this civil suit you might recall that it started on June 10, 2008 and on Jan 13, 2009 this matter was scheduled for arbitration May 12, 2009 at 9:30 a.m., at the law office of Hutto and Bodiford in Panama City, Florida. The attorney for Nautilus Cove Condominium is Steven Applebaum who had insisted that the matter go to arbitration and initially they had agreed to the arbitration date.
In the latest nonsense from attorney Applebaum, he writes in part: "I cannot agree to the arbitration that is presently scheduled for May 12, 2009, in the above referenced matter. My assistant scheduled the arbitration date without my knowledge and I have just been made aware of said date . . . my client will not be attending the arbitration . . . and I ask that it be cancelled. In any event my client will not be bound by any decision made at arbitration if you intend to move forward with the arbitration."
Total costs to date are estimated at $25,000 and per florida law the loser pays the winners costs and fees. That means 'when' I win, you, the other condo owners at NCC will pay my all costs as well as the costs of the NCC attorney.
All this was entirely unnecessary if the developer controlled BOD had acted on my 9+ months of complaints about Waterstones' renter using the condos as a dorm for foreign workers. This same Waterstone is now in foreclosure for these 4 condos and owe the BOD over $5,600 in unpaid assessments.
Double click for larger image or print out
For those of you following this civil suit you might recall that it started on June 10, 2008 and on Jan 13, 2009 this matter was scheduled for arbitration May 12, 2009 at 9:30 a.m., at the law office of Hutto and Bodiford in Panama City, Florida. The attorney for Nautilus Cove Condominium is Steven Applebaum who had insisted that the matter go to arbitration and initially they had agreed to the arbitration date.
In the latest nonsense from attorney Applebaum, he writes in part: "I cannot agree to the arbitration that is presently scheduled for May 12, 2009, in the above referenced matter. My assistant scheduled the arbitration date without my knowledge and I have just been made aware of said date . . . my client will not be attending the arbitration . . . and I ask that it be cancelled. In any event my client will not be bound by any decision made at arbitration if you intend to move forward with the arbitration."
Total costs to date are estimated at $25,000 and per florida law the loser pays the winners costs and fees. That means 'when' I win, you, the other condo owners at NCC will pay my all costs as well as the costs of the NCC attorney.
All this was entirely unnecessary if the developer controlled BOD had acted on my 9+ months of complaints about Waterstones' renter using the condos as a dorm for foreign workers. This same Waterstone is now in foreclosure for these 4 condos and owe the BOD over $5,600 in unpaid assessments.
Double click for larger image or print out
Saturday, May 30, 2009
More Delay by Nautilus Cove Attorney
We did not believe we needed to go to arbitration in this matter but it was at the insistance of NCC attorney Applebaum that it was set to be arbitrated June 12th. 2 weeks before hand it was abruptly canceled by Applebaum although it had been set for several months. He said 'an associate' had agreed to the setting and had no authority to do so.
Double click for larger image or print out for file:
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