Bay Port Colony Lawsuit

7/24/2019 Bay Port Colony Lawsuit

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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIIN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION

RUGH CLINE, an Individual, ELIZABETHCLINE, an Individual, KIMBERLY DURHAM,An Individual, RODNEY DURHAM, an Individual,And STEVE FEHR, an Individual,

Plaintiffs, CASE NO.: 15-CA-

vs.

BAY PORT COLONY PROPERTY OWNERSASSOCIATION, INC., a Florida Corporation, and

QUALIFIED PROPERTY MANAGEMENT, INC., aFlorida Corporation,

Defendants.________________________________________/

FIRST AMENDED COMPLAINT

COMES NOW, Plaintiffs, RUGH CLINE, an Individual, EL

CLINE, an Individual, KIMBERLY DURHAM, an Individual,

DURHAM, an Individual, and STEVE FEHR, an Individual, by and

undersigned counsel, files this, Amended Complaint against Defend

PORT COLONY PROPERTY OWNERS ASSOCIATION,

QUALIFIED PROPERTY MANAGEMENT INC a Florida Corpo


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PARTIES, VENUE & JURISDICTION

1.

This is an action for declaratory judgement and injun

pursuant to Chapter 86, Florida Statutes; and for damages in excess of $

2. Plaintiffs, RUGH CLINE and ELIZABETH CLINE, are h

wife and residents of Hillsborough County, Florida, and are over the

years.

3. Plaintiffs, KIMBERLY DURHAM AND RODNEY DUR

husband and wife and residents of Hillsborough County, Florida, and a

age of 18 years.

4. Plaintiff, STEVE FEHR, is a resident of Hillsboroug

Florida, and is over the age of 18 years.

5.

Defendant, BAY PORT COLONY PROPERTY

ASSOCIATION, INC., is a Florida homeowners association, governi

located in Hillsborough County, Florida.

6.

Defendant, QUALIFIED PROPERTY MANAGEMENT

Florida corporation located in Pasco County, Florida, which manag

located in Hillsborough County, Florida.


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located in Hillsborough County, Florida, and (ii) the causes of acti

accrued in this County.

GENERAL ALLEGATIONS

9. The Bay Port Colony Phase II, Unit II subdivision (Bay P

subdivision) was originally platted in or about 1977. SeePlat Book

of the Public Records of Hillsborough County, Florida.

10. The Bay Port Colony subdivision contains 137 home l

south of West Hillsborough Avenue, with its entrance road being

Boulevard in Hillsborough County, Florida. A site map of the sub

attached as Exhibit A.

11. There are interconnecting navigable waterways running

the subdivision that lead to Channel A and the navigable waters of Tam

12. The original grantor of Bay Port Colony was W.J.W. C

Tampa, Inc.

13.

At all material times the President of W.J.W. Company

Walter J. Wright.

14. The plat of the subdivision was dedicated by W.J.W. C


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Records Book 3262, Page 56 in the Public Records of Hillsborou

Florida (Grantor Declarations).

16. The Grantor Declarations applied to all lots in the Bay P

subdivision and provided that [a]ll easements hereafter granted for su

by the undersigned shall be strictly observed and shall not be in a

obstructed so as to hinder any such easements.

17. Plaintiffs each own a home lot in the Bay Port Colony subd

18. Specifically, Plaintiffs, RUGH CLINE and ELIZABETH

owners of a home located at 5805 Galleon Way, Tampa, FL 33615.

description of their home is as follows:

Lot 59, Bayport Colony Phase II, Unit II, According to the MThereof, Recorded in Plat Book 48, Page 6, of the Public

Hillsborough County, Florida.

The warranty deed conveying title to Plaintiffs Cline is located Offic

Book 21397, Page 1937 in the Public Records of Hillsborough County,

19.

Lot 59 was originally deeded to the Clines predecessor

Alfred Howard, on or about July 25, 1977, through a warranty deed

W.J.W. Company of Tampa, Inc. SeeOfficial Records Book 3262, Pa


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20. Plaintiffs, KIMBERLY DURHAM AND RODNEY DUR

owners of a home located at 6102 Schooner Way, Tampa, FL 33615

description of the home is as follows:

Lot 125, Bayport Colony Phase II, Unit II, According to the MThereof, Recorded in Plat Book 48, Page 6, of the Public


The warranty deed conveying title to Plaintiffs Durham is located Offic

Book 11833, Page 1185 in the Public Records of Hillsborough County,

21. Lot 125 was originally deeded to the Durhams pred

interest, James Dee, on or about June 29, 1979, though a warranty dee

W.J.W. Company of Tampa, Inc. SeeOfficial Records Book 3530, P

the Public Records of Hillsborough County, Florida.

22.

Plaintiff, STEVE FEHR, is the owner of home located at

Way, Tampa, FL 33615. The legal description of the home is as follow

Lot 18, Bayport Colony Phase II, Unit II, According to the MThereof, Recorded in Plat Book 48, Page 6-1, of the Public


The warranty deed conveying title to Plaintiff Fehr is located Offic

Book 12949, Page 559 in the Public Records of Hillsborough County, F


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Company of Tampa, Inc. See Official Records Book 3471, Page 1

Public Records of Hillsborough County, Florida.

24. Thus, Plaintiffs properties were all purchased from t

grantor, and subject to the restrictions of record at that time, which w

been the Grantor Declarations.

25. Plaintiffs lots abut waterways running through the re

property.

26. The land boundaries for Plaintiffslots extend to the ordi

high watermark of the navigable waterway.

27. Plaintiffs lots extend into the waterways, and Plaintiffs h

the submerged lands adjacent to their lots.

28.

The plat of the subdivision reflects that the waterways are

Waterway Drainage Easement. See attachedExhibit B, Plat Book

of the Public Records of Hillsborough County, Florida. The plat

states that all rights-of-way, canals, ditches, and other ease

dedicated to public use. These waterways connect to Channel A that

the navigable waters of Tampa Bay.


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30. Before Plaintiffs can reach the waters of Tampa Bay from

lots, their boats must travel under the public road of Longboat Bou

through a boatlift located next to that road.

31. For the past 35 years, Plaintiffs and their predecessors ha

the use of the boatlift for ingress and egress to the waters of Tampa Bay

individual home lots within the Bay Port Colony subdivision.

32. In 1978, the Bay Port Colony Property Owners Association

Association) was createdby W.J.W. Company of Tampa, Inc.

33. On October 22, 1979, W.J.W. Company of Tampa, Inc. r

Declaration of Covenants, Conditions and Restrictions of the Bay P

Property Owners Association, Inc. in Official Records Book 3580,

Hillsborough County, Florida, public records (Association Declaration

34. The Association Declarations define Waterways as:

[T]he canal and permanent bodies of water on the Properties, and also the boatlift area and equipment and fthe lands described in Schedule C.

35. The Association Declarations further provide that:

5. Each owner of property contiguous to the Waterwaya right of access over and across the Waterways whic


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join the Association by executing Joinder, Consent, and Easement agre

these joinder agreements, the lot owners consented to be bound b

Declarations.

37. It has recently come to Plaintiffsattention that the Assoc

obtained joinder agreements for approximately 98 of the 137 home lot

Port Colony subdivision. There were 39 home lots that never execut

agreement with the Association, and thus, those lots were never mad

the Association Declarations.

38. Plaintiffs each own one of the 39 unencumbered home lots

Port Colony subdivision.

39. Notwithstanding the fact that 39 home lots never entered

agreements, the Association and its agents have repeatedly represent

lots are bound by the Association Declarations.

40. Over the years, the Association has charged HOA fees, imp

demanded repairs and alterations to properties, and foreclosed on prope

to these 39 lot owners.

41. In or about 2011, the Association began a revitalization


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42. During the revitalization process, the Associations t

Board of Directors became aware that 39 lots within the Bay P

subdivision had never been bound by the Declarations.

43. Despite its actual knowledge in 2011 that 39 lots were no

the Association Declaration, the Association withheld this information

directly or through its agents, continued to charge HOA fees, im

demand repairs and alterations to properties, and foreclose on property

these 39 lot owners.

44. At all material times, the Association has been managed b

Property Management, Inc. (Qualified Property).

45. At all material times, Qualified Property acted as the a

Association in collecting HOA fees, imposing fines, and demanding

alterations relating to these 39 lot owners, as well as operating the boat

46. In or about January 2014, the Association and its agent,

time, disclosed to the 39 lot owners that their property was n

encumbered by the Declarations.

47. The Association admitted that it was not legally authorize


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Joinder, Consent and Easement, See also attached Exhibit D, Januar

Letter from Law Offices of Cianfrone & De Furio,Exhibit E,Februar

Letter from Law Offices of Cianfrone & De Furio, Exhibit F, und

from BPCPOA, Inc., and Exhibit G, August 20, 2014, Letter from

Property Management, Inc.

48. As was their right to do, Plaintiffs elected not to execute

Consent and Easement, or to join the Association

49. The Joinder, Consent and Easement includes a provision w

The undersigned hereby grants to Bay Port Colony Property Owners A

and each of its members, and its and their heirs, personal rep

successors and assigns, a perpetual easement for boating and other r

purposes over that portion of the above described real property which

devoted to use as a canal, as shown on the aforesaid plat and de

Waterway Drainage Easement thereon.

50. Despite Plaintiffs electing not to execute the Joinder, C

Easement, Association members continue to utilize their easement for

other recreational purposes over Plaintiffssubmerged real property.


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Boulevard, and the Association has refused to grant Plaintiffs a key

until they agree to execute the Joinder, Consent and Easement ag

otherwise join the Association.

52. The Associations actions have effectively blocked Plaint

through the waterways to Channel A and the navigable waters of T

which interferes with the exercise of Plaintiffs riparian rights and the

conduct maintenance to the rear of their property.

COUNT I

EASEMENT BY IMPLICATION FROM WRITTEN INSTRU

53. Plaintiff repeats the allegations set forth above in pa

through 52 as if set forth herein in full.

54. Since the inception of the Bay Port Colony subdivision, Pl

their predecessors in interest have used the waterways and boa

subdivision to access the navigable waters of Tampa Bay.

55. Plaintiffs properties (Lots 18, 59, and 125) were granted a

across the waterways of the Bay Colony subdivision by dedication o

reflected in Exhibit B, Plat Book 48, Page 6, of the Public

Hillsborough County Florida The Plat reflects the waterways that are


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reflected on Exhibit H, Plat Book 48, Page 4, of the Public


57. The plat specifically states that all rights-of-way

ditches, and other easements are dedicated to public use.

58. The Association Declarations define waterways as inc

boatlift. While Plaintiffs are not bound by these Declarations, the

Declarations reflect the grantors intent that the boatlift would be con

of the waterways reflected on the plat and would be available for us

owners within the subdivision.

59. Plaintiffs lots include title to land that extends to the or

watermark of the navigable water, and thus, riparian rights attach to the

60.

The plat and the conveyance documents reflect the granto

create an easement to the waterways running through Bay Port Colony

and through the boatlift to provide access to the navigable waters of T

This intent was to apply to all lot owners of the Bay Port Colony subdiv

61. The plat and the conveyance documents reflect the granto

grant Plaintiffsriparian rights of ingress, egress, boating, bathing, and


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68.

Plaintiffs properties (Lots 18, 59, and 125) were granted a

across the waterways of the Bay Colony subdivision by dedication


Hillsborough County, Florida. The Plat reflects the waterways that are

Waterways Drainage Easement.

69. The original grantors of Bay Port Colony subdivision

Longboat Boulevard and the land where the boatlift is located to th


Hillsborough County, Florida. The plat specifically states that all

dedicated to public use.

70.

There is a unity of title to the lands upon which the wat

boatlift sit and Plaintiffs lot, until such time as title was separated by

through the original conveyance of Plaintiffs lots to their predecessors



and through the boatlift to provide access to the navigable waters of Ta


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73. From time to time work barges are necessary for main

seawalls, pylons, decks, and other waterfront features of Plaintiffslots

74. The only reasonable and practicable way of egress or ingre

barges is through the boat lift, and same is reasonably necessary for th

use or enjoyment of Plaintiffs lots.

75. As such, Plaintiffs have a right to a statutory way of nece

the boatlift to access the waters of Tampa Bay from their property for

exercising their riparian rights and to allow access of work barges to m

to the rear of Plaintiffs lots.

76. The Association and its agent, Qualified Property, ha

Plaintiffs use of its easement by rekeying the boatlift and failing

Plaintiffs with new keys.

77. As a direct and proximate result of Defendants continuin

of Plaintiffs rights, Plaintiffs have suffered in the past, and will contin

in the future, direct and consequential damages, including but not lim

loss of the ability to utilize their easement.

WHEREFORE, Plaintiffs respectfully pray that this Court grant


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AGREEMENT

78.

Plaintiff repeats the allegations set forth above in pa


79. Since the inception of the subdivision, Plaintiffs

predecessors in interest have used the waterways in the Bay P


80. Since the construction of the boatlift in or about 1979, Pl

their predecessors in interest have utilized the boatlift to access the

waters of Tampa Bay.

81. In October 10, 1995, the Association entered into

Agreement between Hillsborough County and Bay Port Colony Prope

Association Relating to the Use of County Rights-of-Way. See attach

I, License Agreement.

82. Article 8 of the License Agreement provides:

As a condition of the continued use of the gates, the ASSOCIATthat the Facilities shall not be operated in a manner which demember of the public of access to the rights-of-way within thColony Subdivision. , , , The Association hereby agrees to make all residents who live within the gated portion of Longboat Boucontrol devices cards decals to facilitate ease of access t


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with access to fresh and salt water canals, that the roadways involve

Bay Port Colony Subdivision without providing for through access a

Facilities will not unduly interfere with the purpose, function, or inte

public right-of-ways . . .

84. Thus, at the time the License Agreement was created, H

County contemplated that the public would have a right of access to

salt water canals through the land adjacent to Longboat Boulevard.

85. Moreover, at the time the License Agreement w

Hillsborough County contemplated that the residents of Bay Port Co

have a right of access to the public waters of Tampa Bay from their

homes.

86.

The Association and its agent have violated the License Ag

prohibiting access through the gated boatlift off of Longboat Boulevard




loss of their ability to fully utilize the easement.


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COUNT IV

RIGHT TO USE BOATLIFT-EASEMENT BY GRANT

88. Plaintiffs repeat the allegations set forth above in pa


89. Since the inception of the subdivision, for over 35 years, P

their predecessors in interest have continuously used the waterways an

the Bay Port Colony subdivision to access the navigable waters of Tam

90. Plaintiffs and its predecessors use of the boatlift has be

understanding that they have an easement right to use the waterways

in the subdivision.

91. On October 22, 1979, W.J.W. Company of Tampa, Inc. r

Declaration of Covenants, Conditions and Restrictions of the Bay P

Property Owners Association, Inc. in Official Records Book 3580,

Hillsborough County, Florida, public records (Association Declaration

92. The Association Declarations define Waterways as:

[T]he canal and permanent bodies of water on the Properties, and also the boatlift area and equipment and fthe lands described in Schedule C.

93 The Association Declarations further provide that:


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Declarations reflect an express grant of an easement to use the water

property owners within the Bay Port Colony subdivision.

95. The Association and its agent, Qualified Property, ha


Plaintiffs with new access keys.




loss of their ability to fully utilize the easement.

97. Plaintiff has been forced to retain the services of the u

counsel to pursue his claim for damages.


and injunctive relief requested herein and award compensatory damage

attorneys fees and costs and such other relief this Court deems just and

COUNT V

FRAUDULENT MISREPRESENTATION

(ALL PLAINTIFFS AGAINST THE ASSOCIATION AND QUA

PROPERTY)

98 Plaintiffs repeat the allegations set forth above in pa


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100. Despite its knowledge, the Association charged HOA fee

fines, demanded repairs and alterations to properties, and foreclosed

relating to Plaintiffs lots based on its representation to Plaintiffs

properties were bound by the Association Declaration.

101. In continuing in the above actions, the Association m

actions and words, false statements regarding its authority to impose fe

against the Plaintiffs.

102. The Association knew that its representations were false

and intended for Plaintiffs to rely on its representations.

103. Plaintiffs relied on the Associations representation

detriment.

104.

As a direct and proximate result the Associations

misrepresentations, Plaintiffs have suffered damages.



WHEREFORE, Plaintiff demands compensatory damages



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107.

At all material times, the Association knew or should have

the Plaintiffs properties were not bound by the Declarations.


fines, demanded repairs and alterations to properties, and foreclosed

relating to Plaintiffs lots.

109. Given its position as a homeowners association govern

properties within the Bay Port Colony subdivision, the Association ow

Plaintiffs to confirm its authority to impose fees and fines against Pla

to it actually demanding payment.



Plaintiffs to confirm its authority to demand repairs and alterations to

prior to it actually making such demands.



Plaintiffs to confirm its authority to foreclose on property relating to


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should have known that this representation was untrue.

113.

Plaintiffs relied on the Associations representation

detriment.

114. As a direct and proximate result the Associations






COUNT VII

UNJUST ENRICHMENT

(ALL PLAINTIFFS AGAINST THE ASSOCIATION AND QUA

PROPERTY)



114. At all material times, the Association knew or should have



fines demanded repairs and alterations to properties and foreclosed


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Plaintiffs to confirm its authority to impose fees and fines against Pla

to it actually demanding payment.



Plaintiffs to confirm its authority to demand repairs and alterations to

prior to it actually making such demands.



Plaintiffs to confirm its authority to foreclose on property relating to

lots prior to it actually taking such actions.

119. The Association breached its duty owed to Plaintiffs, a

continued representing that the Declarations bound the Plaintiffs when

should have known that this representation was untrue.

120. The Plaintiffs have conferred a benefit on the Defenda

HOA fees, imposed fines, demanded repairs and alterations to prop

foreclosure on property relating to Plaintiffs lots.

121. The Defendants have knowledge of these benefits.


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124. Plaintiffs relied on the Associations representation

detriment.

125. As a direct and proximate result the Associations






COUNT VIII

SLANDER OF TITLE ACTION

127. Plaintiffs repeats the allegations set forth above in pa




129. Notwithstanding its knowledge, the Association record

instruments asserting claims or restrictions against Plaintiffsproperti

Association knew or should have known that the Plaintiffslots were

to the Declarations


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Declaration of Covenants, Conditions and Restrictions ofPort Colony Property Owners Association, recorded in

Book 3580, Page 672, of the public records of HillsborCounty, Florida;

Amendment to Declaration of Covenants, ConditionsRestrictions of Bay Port Colony Property Owners Associarecorded in O.R. Book 3626, Page 1455, of the public recorHillsborough County, Florida;

Second Amendment to Declaration of Covenants, Condiand Restrictions of Bay Port Colony Property OwAssociation, recorded in O.R. Book 3627, Page 25, of the precords of Hillsborough County, Florida;

Second Amendment to Declaration of Covenants, Condiand Restrictions of Bay Port Colony Property OwAssociation, recorded in O.R. Book 3646, Page 811, o

public records of Hillsborough County, Florida;

Corrective Second Amendment to Declaration of CovenConditions and Restrictions of Bay Port Colony Pro

Owners Association, recorded in O.R. Book 3750, Page of the public records of Hillsborough County, Florida;

Amendment to Declaration of Covenants, ConditionsRestrictions of Bay Port Colony Property Owners Associarecorded in O.R. Book 4579, Page 217, of the public recorHillsborough County, Florida;

Amendment to Declaration of Covenants, ConditionsRestrictions of Bay Port Colony Property Owners Associrecorded in O.R. Book 4661, Page 1343, of the public recorHillsborough County Florida;


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Amendment to Declaration of Covenants, ConditionsRestrictions of Bay Port Colony Property Owners Associa

recorded in O.R. Book 5454, Page 1622, of the public reof Hillsborough County, Florida;

Amendment to Declaration of Covenants, ConditionsRestrictions of Bay Port Colony Property Owners Associarecorded in O.R. Book 6166, Page 1989, of the public reof Hillsborough County, Florida;

Consolidated Amendment to Declaration of CovenConditions and Restrictions of Bay Port Colony ProOwners Association, Inc. recorded in O.R. Book 6222, 752, of the public records of Hillsborough County, Florida;

Amendment to Declaration of Covenants, ConditionsRestrictions of Bay Port Colony Property Owners AssociaInc. recorded in O.R. Book 6222, Page 829, of the precords of Hillsborough County, Florida;

First Amendment to By-Laws of Bay Port Colony Pro

Owners Association, Inc. recorded in O.R. Book 6281,

1030, of the public records of Hillsborough County, Flor

Articles of Amendment to Articles of Incorporation BayColony Property Owners Association, Inc. recorded in Book 6281, Page 1033, of the public records of HillsborCounty, Florida;

Corrective Instrument recorded in O.R. Book 6281, Page of the public records of Hillsborough County, Florida;

Amendment to Declaration of Covenants, Conditions Restrictions of Bay Port Colony Property Owners Associ


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Inc. recorded in O.R. Book 7360, Page 1262, of the precords of Hillsborough County, Florida;

Amendment to Declaration of Covenants, Conditions

Restrictions of Bay Port Colony Property Ow

Association, recorded in O.R. Book 9434, Page 176, opublic records of Hillsborough County, Florida;

Amendment to General Community Rules of Bay Port Co

Property Owners Association, Inc., recorded in O.R. 10237, Page 512, of the public records of Hillsborough CoFlorida;

Certificate of Amendment to the General Community Rfor Bay Port Colony Property Owners Association,

recorded in O.R. Book 15339, Page 1389, of the precords of Hillsborough County, Florida;

Certificate of Amendment to the Amended and ResDeclaration of Covenants, Conditions and Restrictions ofPort Colony Property Owners Association, Inc., recordeO.R. Book 17634, Page 772, of the public record

Hillsborough County, Florida; and

Amendment to Declaration of Covenants, ConditionsRestrictions of Bay Port Colony Property Owners AssociInc., recorded in O.R. Book 19845, Page 743, of the precords of Hillsborough County, Florida.

131.

The Associations recording of the above instruments c

publication to third persons against the Plaintiffs property that the

knew or reasonably should have known were false


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Law Offices of Cianfrone & De Furio,Exhibit E,February 18, 2014,

Law Offices of Cianfrone & De Furio, Exhibit F, undated Letter from

Inc., and Exhibit G, August 20, 2014, Letter from Qualifie

Management, Inc.

133. Although Plaintiffs own title to the submerged lands adjac

properties, the Association sent letters to other lot owners claimi

waterways over Plaintiffs submerged lands are a community amen

exclusive use of Association members.

134.

The Associations publications disparaged Plaintiffs pr

induced others to believe that the properties were subject to the Associa

instruments and that Plaintiffs were not allowed to exercise their r

easement rights conveyed with their property.

135. The Association acted with malice in recording the

against the properties when it knew or should have known that it

authority to do so.

136. The Association acted with malice by sending letters t

owners claiming use of the waterways over Plaintiffs submerged land


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Plaintiffs have suffered damages, including, but not limited to, special

the form of attorneys fees incurred in removing the cloud from the t

property.

138. Plaintiffs have been forced to retain the services of the u

counsel to pursue their claim for damages.

WHEREFORE, Plaintiffs demand compensatory damages as we

damages including, but not limited to, attorneys fees (special damage

and such other relief this Court deems just and proper.

COUNT IX

QUIET TITLE ACTION





141. Notwithstanding its knowledge, the Association record

instruments asserting claims or restrictions against Plaintiffsproperti

Association knew or should have known that the Plaintiffslots were

to the Declarations


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against the title of Plaintiffs property that the Association knew or s

known was false.

144. Plaintiffs have valid title to their property as reflected in

Records of Hillsborough County, Florida.

145. As a direct and proximate result of the Associations

there is a cloud on the title to Plaintiffs lots.


counsel to pursue their claim for damages.

WHEREFORE Plaintiffs respectfully pray that this Court grant



COUNT XIMPLIED GRANT OF WAY OF NECESSITY



148.

The original grantor of Bay Port Colony subdivision inten

subdivision residents would have access to the waters of Tampa Bay

waterways and boatlift


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150. Plaintiffs properties (Lots 18, 59, and 125) were granted a

across the waterways of the Bay Colony subdivision by dedication


Hillsborough County, Florida. The Plat reflects the waterways that are

Waterways Drainage Easement.

151. The original grantors of Bay Port Colony subdivision

Longboat Boulevard and the land where the boatlift is located to th


Hillsborough County, Florida. The plat specifically states that all

dedicated to public use.

152. There is a unity of title to the lands upon which the wat

boatlift sit and Plaintiffs lot, until such time as title was separated by

through the original conveyance of Plaintiffs lots to their predecessors



and through the boatlift to provide access to the navigable waters of Ta

154. The only reasonable and practicable way of egress or in


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seawalls, pylons, decks, and other waterfront features of Plaintiffs lots

156.

The only reasonable and practicable way of egress or ingre

barges is through the boat lift, and same is reasonably necessary for th

use or enjoyment of Plaintiffs lots.

157. The original grantor intended to convey to Plaintiffs lots

grant of way of necessity to use the boatlift to access the waters of T

from their property for purposes of exercising their riparian rights an

access of work barges to make repairs to the rear of Plaintiffs lots.

158.

The Association and its agent, Qualified Property, ha


Plaintiffs with new keys.

159.

As a direct and proximate result of Defendants continuin



loss of the ability to utilize their easement.




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161. At all material times, Qualified Property was acting within

and scope of its duties as managing agent of the properties gover

Association.

162. To the extent any of the actions alleged in the above Coun

IV, V, VI, VII, VIII, IX, and X were committed by Qualified Prop

actions were committed with the permission of and at the direc

Association.

163. As a direct and proximate result of the actions of Qualifie

Plaintiffs suffered damages.

164.

The Association is vicariously liable for the actions o

Qualified Property, and thus, it is vicariously liable for Plaintiffs dama



WHEREFORE, Plaintiffs demand compensatory damages



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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoin

furnished by filing with ePortal this 20stday of November, 2015, to:

Gregory D. Jones, Esq.Garrett M. Brown, Esq.Rywant, Alvarez, Jones, Russo & Guyton, P.A.

109 N. Brush StreetSuite 500Tampa, FL [email protected]@[email protected]@rywantalvarez.com

/s/ Henry G. GydenHenry G. Gyden, Esq.

Florida Bar No.: 0158127GYDEN LAW GROUP, P.A.

1228 East 7th

Ave.Suite 200Tampa, Florida 33605Telephone: (813) 493-4181Facsimile: (813) 337-0244 [email protected] for Plaintiffs

BARRIER
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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SITE MAP FOR BAY PORT COLONY TGC STOCKING

BARRIER


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EXHIBIT B


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EXHIBIT B


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Eced pease n copy of appicbe ecaaon of Covenas CRestrcons o Ba ot ooy opey wnes Assocaio log wi h


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Exhibit D


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EXHIBIT E


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EXHIBIT E


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D He 0

Te ee j c s en c ce i e O 17 es Pvso 98 ned w ced 11vz 1 ke sc d e ce c e e c Aca e a m ee v vorvti

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ese o ge (n se ce,me e) yeog ve o e be bod ee W beev eeve e e es coud p b of s bc io soc oev; o so e l en. R cg o oou comet cos oe & ne soo

p e scon, pe nerd ee u pu er d co. s e ou y nes pp. ed sce c ce i e c tec of on oe c d coo es. o og s s xe, ent y e e bn s spv by ec pcn e c e ece ed eo i o cu Uc e p scn r ce t ho e

oer 3 a at soo e bo d o s e cr s eore d otc e

ehlp r co ao e e>" cs d ece b


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EXHIBIT G


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EXHIBIT H


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51/51

EXHIBIT I

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Bay Port Colony Lawsuit