This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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 Declaration defines the condominium units' boundaries three ways: in words, with numbers, and with diagrams. 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of perimetrical boundaries contained in the Declaration was a “courses and distances” measurement that legally superseded the “quantity” measurement of the unit's square footage. 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. 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. Stay up-to-date with FindLaw's newsletter for legal professionals, SHORES OF PANAMA CLUB LLC v. SHORES OF PANAMA RESORT COMMUNITY ASSOCIATION INC. Ass'n, Inc., 105 So.3d 579, 580 (Fla. 3d DCA 2012). The jury’s award, issued Wednesday, includes $2.5 million in punitive damages against each the defendants. 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 … This court reviews both orders granting summary judgment and interpretations of condominium declarations de novo. 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 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. This settlement was kept confidential from the other owners until after the election. Internet Explorer 11 is no longer supported. 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. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Welcome to the Shores of Panama resort, a family-friendly retreat in Panama City Beach. 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. No front porch light, no living room lights, no bedroom lights…only the kitchen light and 2 of the bathroom lights worked. The Shores of Panama is often referred to as the premier resort in Panama City Beach. All rooms have kitchens and washers/dryers. By John Cottle, Becker & Poliakoff / Published May 2016 . Begin typing to search, use arrow keys to navigate, use enter to select. 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. 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. 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. As those directors learned, pleading advice of counsel as a justification for such obvious self-dealing will not generally impress a judge or jury. 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. 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. Shores of Panama is a 23- story Gulf- front luxury resort located in the heart of Panama City Beach. PANAMA CITY BEACH — 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. WiFi is free, and this condo also features a front desk. 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. 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. When the final vote was counted and the results announced, the room erupted in cheers. 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. The lawsuit sought to correct this alleged mistake by forcing the association to give up the beach to the bulk buyers. 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. The directors responded by asserting that they had relied on advice of counsel in deciding to settle the beach lawsuit as they did. The reasons for seeking to control an association range from the innocent to the nefarious. Many condos in Panama City Beach have done very well with these insurance claims. 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. 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. 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. 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. 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. Decided: October 28, 2016 Jack R. Reiter, George N. Meros, Jr., and Jordan S. Kosches, Gray Robinson, P.A., Miami, for Appellant. 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. 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. We recommend using Shores of Panama is in the middle of litigation with the builder’s insurance carrier. The first thing they discovered is that the association had just lost its $1.3 million beach. CASE NO. Shores of Panama, LLC, 41 Fla. L. Weekly D 2458 (Fla. 1st DCA, November 2, 2016), the association sent owners notice of a special meeting to adopt an amended budget increasing the annual budget originally set for legal fees to cover one-time legal and engineering expenses for litigation over construction defects. Shores of Panama 402 admin 2021-01-05T13:41:52-06:00. 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. Please try again. 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 Review- The Room. Copyright © 2021, Thomson Reuters. 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. The Shores of Panama verdict will unquestionably have a wide-ranging impact on real estate investors seeking to purchase distressed condominium assets in bulk. Sending an e-mail through this website does not create an attorney client relationship. 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. 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. Such directors would be well advised to remember who they are charged with serving, as well as the potential consequences of placing the interests of investors ahead of the association’s membership. 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. The new board moved quickly to stop the bleeding. See also Fountains of Palm Beach Condo., Inc. No. The trial court held that the front desk belonged to the Association, reasoning that the definition of the units' perimetrical boundaries was a “courses and distances” measurement that necessarily superseded the square footage allocation within the Declaration, which the court found was a mere “quantity” measurement. Close to $12 million in damages have been awarded by a jury to the Shores of Panama Resort Community Association following a lawsuit against some of the association's former directors. 42, P. 22-23) is dismissed. Shores of Panama 402. 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. (2006). All rights reserved. Print this article Font size - 16 +. _____________________________/ Opinion filed October 28, 2016. Beautifully Decorated 4th … T he election had been fiercely contested, and everyone knew the vote would be close. 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. Ranked #81 of 92 specialty lodging in Panama City Beach and rated 3 of 5 at Tripadvisor. Picture-Perfect Panama City Beach Condo Rentals After a day spent surfing, shopping, and sightseeing in Panama City Beach, relax and unwind at the family-friendly Shores of Panama resort. 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. 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 … 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. Firefox, or Age Restriction You must be at least 21 years of age to reserve a room at the Shores of Panama. The Shores of Panama Case: The Fiduciary Duty Owed By Bulk Buyer Controlled Boards. Pursuant to Florida law, there is no insurance coverage for the punitive damages. Now, however, the other owners were organized and fighting back with their own slate of candidates. Property Details. Signed by JUDGE RICHARD SMOAK on 11/15/2010. 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. Call (850) 640-6466 Message Website. You should not send us any information through this website that you would want treated confidentially. 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. Shores of Panama Resort Cmty., 204 So.3d 541, 543 (Fla. 1st DCA 2016). Blog. 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. 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. Any investor purchasing close to, or more than, half of the units of a failed condominium will typically expect to gain control of the association for at least a limited period of time. 1D16–0920. Ass'n, Inc., 351 So.2d 755, 757 (Fla. 2d DCA 1977). Featuring sea views and free WiFi, Shores of Panama II features accommodations attractively located in Panama City Beach, within a short distance of Ripley's Believe it or Not!, Shell Island and Coconut Creek Family Fun Park. 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. 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. Some associations do a phenomenal job with this. 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. 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. In words, the units' perimetrical boundaries are defined as “the vertical planes of the undecorated exterior finish of the exterior walls bounding the unit and the center of any walls between the unit and another unit, in each case extended to intersections with each other and with the upper and lower boundaries.” This is a general description and is not specific as to the boundaries of the particular units in question. The association promptly amended that action by adding the beach lawsuit settlement to the parade of director misconduct. The accommodations is air conditioned and has a spa bath. Now $72 (Was $̶1̶9̶2̶) on Tripadvisor: Shores of Panama Resort, Panama City Beach. 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. 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! 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. Ripley's Believe It or Not is minutes away. 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 Club alleges the trial court erred in determining that the Club's unit, Commercial Office # 1, encompassed less than the 396 square feet outlined in the Declaration of Condominium and in awarding ownership of the front desk and the space behind it to the Association. The celebration was short-lived, however, as the new board began assessing the damage of the past two and a half years. Google Chrome, Of that amount, $10 million was for punitive damages – damages not covered by insurance under Florida law. 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. The election had been fiercely contested, and everyone knew the vote would be close. Microsoft Edge. The Shores of Panama Case: The Fiduciary Duty Owed By Bulk Buyer-Controlled Boards. The only thing the association got from the settlement was the dismissal of the lawsuit. Shores of Panama Resort Cmty., 204 So.3d 541, 543 (Fla. 1st DCA 2016). 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. 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. Now $72 (Was $̶1̶9̶2̶) on Tripadvisor: Shores of Panama Resort, Panama City Beach. Michael C. Overstreet, Judge. 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. Others fail miserably. from $80 per /nt from $6000 per /mo Book Now. 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 2018 Hurricane Michael. With the voting strength of those units, the bulk buyers had elected their colleagues as directors and controlled the association’s board for those two and a half years. 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. 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. 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. 1D16-0920 SHORES OF PANAMA RESORT COMMUNITY ASSOCIATION, INC., a Florida Not-For-Profit Corporation, Appellee. The election had been fiercely contested, and everyone knew the vote would be close. 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 pool holds an astonishing 330,000 galloons in its lagoon style. I am Zachary Vandyke, a lawyer in Panama City dedicated to helping individuals and families navigate the legal process. 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. 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. 26 Apr, 2018. 2 Bedrooms 2 Bathrooms Condo in Panama City Beach. Guest's can relax in a three-bedroom vacation condo rental with a view of the beach. 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