Harris v. NCC BOD

The matter is set for trial 6/10/11 in Bay County Court. This is 3 years to the day since the matter was filed.


The Case continues against the Condo Assn.-

Feb. 4, 2011
This suit is now into its 3rd year. The costs mount, this is a loser pays all case. As you will see from the below posts it is NOT a case that I will lose, so the Nautilus Cove Condo Association will end up paying for both their own costs and my costs.

FYI: Earlier this year settlements were again proposed by me, Alan O'Neal of Waterstone Resort Realty, LLC chose to settle the matter. The Condo Assn. through its BOD has not bothered to reply, so the suit continues.

Should the Condo have settled, my terms were:
1) A statement from them that the Condo documents regarding rentals of units would be adhered to.
2) Payment of my costs to date of $6,500.

The BOD continues to ignore the matter and shortly we will be going to the depositions and interrogatories phase which will increase costs by at least 200%. This will not be paid by the 3 knucklheads on the BOD but will end up with a special assessment of the 167 condos in order to pay my eventual costs.

and see the case progress on the Bay County Court site at: http://court.baycoclerk.com/courtcaseweb/CaseDetail.aspx?txt=


For Your Information:

Rules & Regulations at 12.
Use Restrictions, 12.1 Residential Use. "The condominium units ... may be used for single-family residential living and for no other purpose."

Further at 14 Leasing of Units.
14.3 Occupancy During Lease Term. "No one but the lessee, and his family within the first degree of relationship by blood, adoption or marriage, and their guests may occupy the Unit"

And 14.4 Occupancy in Absense of Lessee. "If a lessee absents himself from the unit for any period of time during the lease term, his family already in residence may continue to occupy the unit. If the lessee and all of the family members mentioned in the foregoing sentence are absent, no other person may occupy the Unit."

There are other sections defining who 'guests' are (Marriott or labor contractor employees do not qualify) and how occupants of all rental units must register with the Manager before or at the time of occupancy (Marriott and labor contractor employees are not so registered).

From: www.nautiluscondosrules.blogspot.com