We recommend using 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 jury’s award, issued Wednesday, includes $2.5 million in … Now $72 (Was $̶1̶9̶2̶) on Tripadvisor: Shores of Panama Resort, Panama City Beach. 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. 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. 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. Parties, docket activity and news coverage of federal case CLUB AT SHORES OF PANAMA INC et al v. SHORES OF PANAMA INC, case number 5:14-cv-00042, from Florida Northern Court. Guest's can relax in a three-bedroom vacation condo rental with a view of the beach. View deals for Shores of Panama Resort, including fully refundable rates with free cancellation. The seller, the lawsuit claimed, had made a mistake at closing by deeding the beach to the association rather than the bulk buyers. Please click the "Accept" button if you understand the forgoing statement and wish to proceed. That defense fell on deaf ears. Because no “courses and distances” measurement is found in the Declaration, this court is not bound by the hierarchy noted in Wetstone. On February 3, a federal jury in Tallahassee returned a verdict for the Shores of Panama Resort Community Association for $11.9 million against four of its former directors. 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. You should not send us any information through this website that you would want treated confidentially. The Shores of Panama Case: The Fiduciary Duty Owed By Bulk Buyer Controlled Boards. We, however, disagree that the definition of perimetrical boundaries contained in the Declaration is a “courses and distances” measurement. 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. 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 unit, and the parties' two units are contiguous. Sending an e-mail through this website does not create an attorney client relationship. The reasons for seeking to control an association range from the innocent to the nefarious. The units are then described “more particularly” and numerically with each unit's square footage. The association promptly amended that action by adding the beach lawsuit settlement to the parade of director misconduct. They are the ONLY linen service in the area that guarantees completely clean, sanitized and freshly ironed sheets and towels, giving you peace of mind and a great night's rest! I am Zachary Vandyke, a lawyer in Panama City dedicated to helping individuals and families navigate the legal process. Of that amount, $10 million was for punitive damages – damages not covered by insurance under Florida law. No front porch light, no living room lights, no bedroom lights…only the kitchen light and 2 of the bathroom lights worked. 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. 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. The Declaration defines the condominium units' boundaries three ways: in words, with numbers, and with diagrams. Lawsuits and years of controversy surrounding the club amenities at the Shores of Panama condominium have come to an end, with the homeowner’s association purchasing the amenities for $16.2 million. 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. Beautifully Decorated 4th … Microsoft Edge. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Ranked #81 of 92 specialty lodging in Panama City Beach and rated 3 of 5 at Tripadvisor. The contemplation of such interior walls, though, renders the applicability of the definition of perimetrical boundaries to the units at hand unclear, as the definition contains no guidance regarding internal walls. The Association alleges the five walls bound the entirety of the Club's Commercial Office # 1; however, the walled portion comprises only 75 square feet, which would directly contradict the Declaration's specific allocation of 396 square feet to Commercial Office # 1. The association contended in the lawsuit that the former directors deprived the association of ownership of the beach behind the condos as well as the rental revenues that came from services offered there. Property Description. Fund v. Wetstone, 222 So.2d 10, 14 (Fla.1969) (“[I]t is well settled that in locating a boundary line natural monuments prevail over courses and distances and courses and distances prevail over quantity.”). 26 Apr, 2018. Now $72 (Was $̶1̶9̶2̶) on Tripadvisor: Shores of Panama Resort, Panama City Beach. 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 … 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 … Here, unlike in Wetstone, we must interpret a declaration of condominium, rather than an official survey of land, to determine the boundaries of the condominium's internal units. 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. 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. Shores of Panama 1911 ~19th floor * Reserved Parking ~Vacation Life Properties This property features 100% sanitized, clean sheets and towels, professionally cleaned by Gulf Coast Laundry Services. 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. Once board control passes from the subsequent developer or bulk buyer to the other owners, the association will be in a position to hold former directors accountable for shirking their fiduciary duty. Boundaries of condominium units must be discerned through the declaration of condominium itself, which must contain “a graphic description of the improvements in which units are located and a plot plan thereof that, together with the declaration, are in sufficient detail to identify the common elements and each unit and their relative locations and approximate dimensions.” § 718.104(4)(e), Fla. Stat. Directors who violate their trust do so at their own peril, and would be well advised to remember the lessons of the Shores of Panama case. 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. T he election had been fiercely contested, and everyone knew the vote would be close. 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. By John Cottle, Becker & Poliakoff / Published May 2016 . Featuring elegantly appointed one, two, and three bedroom condos that can accommodate up to 10 guests, our resort is the ultimate Gulf of Mexico vacation destination. Exceptions are made for married couples. At the end of the day, directors installed by bulk buyers and subsequent developers have the same fiduciary duty to the membership as any other directors. (2006). During that time, they took numerous actions which owners not affiliated with the bulk buyers considered to be self-dealing and inimical to the association’s interest. The Shores of Panama Resort features a world-class pool, a kids club, a health center with a steam room, covered parking, and two tiki bars. Ripley's Believe It or Not is minutes away. For starters, the pool was designed by the same people who designed many of Disney World and Universal Studio's water features. The election had been fiercely contested, and everyone knew the vote would be close. 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. 2018 Hurricane Michael. 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. Less than five months before the election, the bulk buyer companies had sued the association, claiming that when they purchased their units, they were supposed to have been deeded the beach. 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. On the other side of the coin, associations may now take heart that they have a sizeable hammer available when a board subject to outside influences makes decisions that harm the membership. The election had been fiercely contested, and everyone knew the vote would be close. It remains to be seen how the Shores of Panama Association does. 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