Problems at Nautilus Cove Condominums?

by Jason Koertge on May 5, 2008 · 40 comments

Nautilus Cove Condominiums (or now referred to as apartments) were, at one point in my opinion, a great bargain. We almost bought there as you could get a 4 bedroom with granite in the kitchen and stainless steel appliances for less than $180k with a community pool/play area and a good central location.

As far as sales go, I think they actually did pretty good considering the condition of the market. I think they sold around 50% of their inventory.

However, one of the reasons I’m glad I did not purchase in Nautilus Cove is because the remaining condos are being offered for lease. I understand the developer’s need to create some revenue from existing inventory if they are not selling, but it is also the developers responsibility to look out for the interest of the current owners and consider the possible negative impact that leasing out units that were originally intended for sale.

Currently their is to be a civil suit to be filed against Nautilus Cove Condominiums and Waterstone Realty. Waterstone owns 4 condos in Nautilus Cove with two of them housing hourly employees of the Bay Point Marriott Resort. They are picked up and dropped off daily by a ‘labor contractor’ who provides Marriott with employees from overseas. There are 10 women living in the two condos.

The suit is for an alleged breaking of the association rules as per the condominium documents. Rules of subject are:

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.”

Other problems include garbage pilling up at the dumpster.

For more information on what is happening at Nautilus Cove Condominiums in Panama City Beach, visit NautilusCondosRules.Blogspot.com and MariottForeignEmployees.blogspot.com

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{ 40 comments… read them below or add one }

1 consumer activist May 5, 2008 at 2:11 pm

This is not the only problem here at NCC. We also have a very annoying problem in that the ‘Developer’ hereafter referred to as “The Devil” has locked the condo into a 5 year sweetheart contract that requires anyone wanting sat. tv to go thru MDU Communications then to DirecTv, thus MDU has to install and maintain the dishs and do installs and repairs. So what you might ask is wrong with this? Well, the answer is that the MDU company has NO LOCAL REPRESENTATION. For new hook ups and trouble calls they send down a tech from either Atlanta or from Ocala ONCE A WEEK!

I waited 19 days for a simple install and complained to our condo office and was told that I was lucky to get an appointment so quickly as other residents reported having to wait 3 weeks and a month.

The service went out last month (again) and it was 2 days to have it put on with limited service and another week after that to get and install parts.

MDU just sucks.

There are other problems but I don’t want to beat things to death. For myself, I wouldn’t recommend anyone buying here and I would not have purchased if I knew how things really were.

Bill Harris, Condo 708

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2 Jason Koertge May 6, 2008 at 7:59 am

How are they enforcing this? I don’t think the developer can prevent someone who purchased in their development from getting dish network, etc. what happens if you go with dish?

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3 ann May 6, 2008 at 8:14 am

I bought a NCC also and I’m very disappointed in Eveything.

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4 Troy May 6, 2008 at 8:23 am

I’m with Jason. How can they not allow you to choose what satellite company to use? Is it stated in the condominium documents?

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5 Joel Wesp May 6, 2008 at 8:37 am

I live in Columbus Ohio (just sold a condo we owned for 13 years at the Dunes of Panama, so we’re “renters” now whenever we come back to PCB). I was on the board of the homeowner’s association (and have been practicing law in Columbus for 38 years now). This issue came up early in the history of our development when a homeowner wanted to put a dish on their deck railing (for proper reception). This technically violated the rules of the architectural committee which called for placement of dishes up by the roof facing away from the street. We learned of an FCC rule that prohibits restrictions against homeowners (and later renters as well)as to their ability to get and receive direct TV signals. It may be this federal law trumps the restrictions by the developer (and it may be the developer’s strangle hold requirement of using only one cable provider has antitrust implications under state or federal law). Here’s a link to the FCC rule. http://www.fcc.gov/mb/facts/otard.html

EJW

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6 Kerry Silha May 6, 2008 at 9:46 am

Jason,

If you will look back on my blog to you way back when you first talked about NCC in a positive way you will recall I thought this place was going to turn out a mess.

Given this is a very new development and it seems the developer, as one owner called “the devil” appears none too cooperative, I think this place is going go to “hell” fast.

It’s a shame.

Kerry Silha

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7 Paige Parrott May 6, 2008 at 10:13 am

In regards to the cable service at NCC:

Federal Communications Commission: Exclusive Service Contracts for Provision of Video Services in Multiple Dwelling Units and Other Real Estate Developments
GAO-08-406R January 18, 2008
Full Report (PDF, 4 pages)

GAO reviewed the Federal Communication Commission’s (FCC) new rule on exclusive service contracts for provision of video services in multiple dwelling units and other real estate developments. GAO found that (1) the final rule prohibits the enforcement of existing exclusivity clauses and the execution of new exclusivity clauses in contracts between cable operators that provide video programming service and certain residential units, such as apartment or condominium buildings, and centrally managed real estate developments such as, gated communities, mobile home parks, and garden apartments; and (2) FCC complied with the applicable requirements in promulgating the rule.

For the full report, go to this link http://www.gao.gov/decisions/majrule/d08406r.pdf

Paige

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8 Don and Bubba May 7, 2008 at 12:20 am

If anyone has the developers name and number, address and email then they should be published, not just here but the paper, call Amy Hoyt with the local news, also call Deanna Lambert, they eat this stuff up. Remember as owners you are shooting yourself in the foot with negative press but it would def. help get the word out and also one more voice would be the morning talk radio host on 101.1 talk radio.

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9 Consumer Activist May 7, 2008 at 7:02 am

At the Nautilus Cove Condos there was a management company change from Seagrove on the Beach to Concord Management. Concord was there from March 1 to April 16th. Then it went back to Seagrove.

2 of the 3 BOD members met (via speakerphone) at the Seagrove Office in Santa Rosa Beach in what they call an “Emergency Board Meeting” which lasted 2 minutes (2:01 to 2:03 PM) on 4/16.

I asked the only BOD member elected by the owners why this management change. My inquiry was referred to Ross Pritchett, CAM, of Seagrove. The reply was that the BOD minutes are not required to show this. I followed up with a more direct question asking him to provide the reason for the change. So far no reply.

So what we have here is a 2 minute “Emergency Meeting” with only the 2 Devil appointed Directors voting on the replacement and both of them voted by telephone at the Seagrove office. Now no one wants to talk about why this was necessary.

Does something smell here?

Bill Harris
Unit 708

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10 Concerned Owner May 7, 2008 at 1:38 pm

As a fellow owner of Nautilus Cove, Mr. Harris you are not only hurting yourself but you are hurting other owners that may want to sale their unit in the future.
I assume you want the developers out of here, well there has to be sales in order for that to happen. For the most part, I would much rather have these workers from Waterstone living here than some of the other renters that have moved in. I think you are wasting your time and money on this suit, but it seems you have nothing else to do with your time. The only thing that I would recommend to future owners of Nautilus Cove is beware of Mr. Harris in 708, he is always taking pictures through his windows

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11 consumer activist May 7, 2008 at 7:17 pm

“I would much rather have these workers from Waterstone living here than some of the other renters that have moved in.”

1) I have no problem signing my posts. However, I do know who you are as your missive used almost the same words as an incoming from Ross and that was only copied to a few people,
2) The ‘workers’ are not living above your condo,
3) You acknowledge problems with the ‘developer’, as mentioned, he is the problem and not just with the rental issue. Both the Waterstone Realty misuse and also his now turning the rest of the unsold units into rental apartments. Just by way of mentioning one other thing he has done to us: his sweetheart deal with MDU/DirecTv which locks us in for another 4 years of crappy service.
4) Yes there are some undesireable people renting here. Complain to the developer and the Pelican Realty people who rent out the unsold apartments to anyone that can pony up the first months rent and a security deposit.

“I think you are wasting your time and money on this suit. . . ”
1) If you have bothered to read the blog you would know that both the condo documents and Florida condo law require the loser to pay the costs of the other party in such actions. It is unfortunate that the other owners will end up paying for my attorney and costs. You can blame the developer for this as he controls the BOD and actually they control the management companies who did nothing about the matter for 10 months.
2) I have in emails and on my blog pointed out that the NCC Assn should ‘cross file’ against Waterstone in order to minimize their exposure in this suit.

“. . .but it seems you have nothing else to do with your time.”

I have managed to work into my busy schedule a heart operation in India and a few other medical matters as well as tending to my house in Georgia. When not busy with these things I tilt at windmills.

“. . . he is always taking pictures through his windows”

Yeah, it is called collecting ‘evidence’ of the continued misuse of those Waterstone condos. We will have them printed up for the judge to look at.

“The only thing that I would recommend to future owners of Nautilus Cove is beware of Mr. Harris in 708″

So I guess that when enough units are sold and the 2 tame Directors of the developer have to leave, you won’t be voting for me when I run for the Board.

“you are not only hurting yourself but you are hurting other owners that may want to sale (sic) their unit in the future.”

The sale price of any unit would be affected by the misuse of other condo units by using 2-3 of them in Building 7 as dorms for low wage hourly transient foreign workers. If you know of this ‘problem’ and fail to disclose it to a buyer they will eventually find out and either want some $ back or want to void the sale.

Bill Harris
708

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12 Local Citizen May 12, 2008 at 1:18 pm

As for Mr Harris rampage over the “low wage hourly transient foreign workers,” If you stopped for just a moment to talk with one of them, you would realize that they are awesome people. They are not drug users, drunks, or any thing else that you might think. They are actually mothers and fathers that come to the states to work to try and support their families. They can not find jobs at home, therefore they will come to the states for a few months a year, and work tremendous hours to send the money back home. Honestly, I thought the same about them before I sat down and had a real conversation with them. They are paid very decently, and are taken care of very well by Waterstone. If they did not enjoy what they were doing, then they would not be here.

Long story short, instead of looking at these people as a threat, why don’t you step back and realize that it is an opportunity for them.

Then you might happen to realize your life might be a little better ! :)

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13 Consumer Activist May 14, 2008 at 5:58 pm

“If you stopped for just a moment to talk with one of them . . . I thought the same about them before I sat down and had a real conversation with them.”

No one sits down for a conversation with them, they are under instructions to stay in the condo, not use the pool and keep under the radar. I live under them and have never spoken to them.

“Honestly, They are paid very decently, and are taken care of very well by Waterstone.”

Waterstone has nothing to do with them, they are not employeed by Waterstone, said company rents out their units to a labor contractor who then imports and sells the services of the contract workers to various hotels and resorts, in this case Marriott. They do not work for Marriott, they work at Marriott.

“If they did not enjoy what they were doing, then they would not be here.”

No one ‘enjoys’ making beds and cleaning rooms 8 hours a day, however they can make in one week in US employment what would take them 6-8 weeks of employment in a similar job in India. I am somewhat up on this as I was in India in Sept/Oct last year.

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14 Consumer Activist May 14, 2008 at 10:10 pm

Can NCC Assn. Ban other Sat. TV Providers?

Obviously you might want to consult an attorney but here is the regulation:
================================

September 25, 1998 Over-The-Air Reception Devices Rule

Section 1.4000 of Title 47 of the Code of Federal Regulations is amended to read as follows:

(a) Any restriction, including but not limited to any state or local law or regulation, including zoning, land-use, or building regulation, or any private covenant, homeowners’ association rule or similar restriction on property within the exclusive use or control of the antenna user where the user has a direct or indirect ownership interest in the property, that impairs the installation, maintenance, or use of:

(1) an antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter or less in diameter . . . . is prohibited

For the full text and comments, see:

http://condolawyers.com/fccrule.htm

http://condolawyers.com/articles/newfcc.htm

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15 consumer activist May 19, 2008 at 6:48 pm

Monday, May 19, 2008

Comment On Our ‘Do Nothing’ Board of Directors at Nautilus Cove, PCB, Fla

What we have here at the Nautilus Cove Condominium is both a BOD and a Management Company that are not serving the best interests of the owners.

In case you are not up on the situation I will bring to your attention that the Developer really runs this complex. He appoints 2 of the 3 BOD members – the Board does just what he wants, no input is wanted from any owner.

This Board in turn hires and fires the management company. In this case Seagrove. FYI – Seagrove was fired once this year and replaced for about 6 weeks by Concord Management and with an ‘Emergency BOD Meeting’ they (Concord) were out, replaced by the same Seagrove that lost the contract only weeks earlier. Despite asking both management firms and the BOD – no one will comment on why the change back to Seagrove in an ‘Emergency Meeting’.

The Pledge of Allegiance (to the United States flag) remains a morning ritual for students in many classrooms throughout the country. While there is no comparable public oath recited by those appointed or elected to the Condo boards, association directors do make a formal, if silent, promise to execute their responsibilities in good faith and to act in the best interests of the communities they serve.

Unlike the pledge of allegiance, which often has little significance to the students who mumble its words, the directors’ pledge — known broadly as their “fiduciary duty”— is a legal concept as well as a personal commitment. It defines standards of behavior and creates potential legal liability for directors who fail to meet those standards. Fiduciary duty actually encompasses two separate obligations:

1) A duty of care, requiring directors to exercise good judgment and make sound business decisions on the community’s behalf; and

2) A duty of loyalty, requiring directors to act in good faith, putting the association’s interests ahead of their own.

Unfortunately 2/3rds of our BOD will not live up to their responsibilities, they are in the pocket of the Developer who probably wishes he never started Nautilus Cove as he can’t sell half of his overpriced units in todays down market.

Likewise the Seagrove Management company has no interest in actually doing more than collecting the quarterly assessments and making their $28,020 a year fee. The various regulations of this condo go unenforced and later this week a civil suit against the BOD and Waterstone Realty will be filed. Details of this are found at: http://nautiluscondosrules.blogspot.com

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16 juliet May 20, 2008 at 11:10 am

Just imagine being in a foreign country working or visiting and having the “locals” chase you down with cameras and monitor your every move. What shameful behavour. These poor women must be terrified.

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17 consumer activist June 4, 2008 at 7:41 pm

Seagrove On The Beach Management Company
Wed. June 4, 2008

The Seagrove-on-the-Beach Management Company is the subject of a consumer complaint on The Rip Off Report (direct link below). Seagrove is our ‘on again – off again’ management company here at NCC:
http://ripoffreport.com/reports/0/336/RipOff0336703.htm

Other sites about Nautilus Cove are:
http://nautiluscovesuit2008.blogspot.com

http://nautiluscondosrules.blogspot.com

http://mariottforeighemployees.blogspot.com

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18 Consumer Activist June 10, 2008 at 11:53 am

Tues. 6-10-08 12:47 pm EST

SEAGROVE ON THE BEACH MANAGEMENT COMPANY – A DO NOTHING OPERATION!

The more I find out about Seagrove (the NCC ‘management company) the lower my opinion of them and the job they do here at NCC.

I don’t know if condo owners keep up with things of this nature but I noted that they have just this month gotten around to placing liens on units 601 – Karami for 5 missed quarterly payments of $2,982 and 305 – Kristoff for 5 missed payments at $3,188. Both had outstanding assessments going back to 2006.

I do know that one of reasons Concord was critical of Seagrove when Concord took over for 6 weeks, was that they found the records in poor shape and not up to date. A Pelican realtor told me about this a few days after Concord left.

I know that the 2 board members appointed by the Developer, couldn’t care less if Seagrove lets things slide for well over a year but I hope that our only representative on the BOD will at least find out how many more units are behind on multiple quarterly assessments and make sure that letting such arrearages go for so long is no longer going to be an acceptable practice.

If you want to see the 2 lien documents they can be found at: http://nautiluscondosrules.blogspot.com

I have information (unconfirmed) as to why Concord left and it is posted on the same blog. If any BOD member wishes to dispute the reason I would be pleased to publish any of their comments on my blog as to whatever the circumstances were that caused Concord to leave after an ‘Emergency BOD Meeting’ lasting 2 minutes. You might remember that from above posts, it is the Emergency Meeting that neither the BOD, 2 ‘management firms’, & the developer want to tell why such a meeting/change was needed.

Bill Harris
708
http://nautiluscondosrules.blogspot.com

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19 consumer activist June 23, 2008 at 5:49 pm

Minor Update:
“6-11-08 – On Tues June 10th the Board of Directors held a board meeting. At this meeting the Board voted to terminate the contract with Seagrove and hire Concord Management for the management of the Association. This change will be effective July 1, 2008. The new Assn manager will be Kay Dobbins. In addition to the new management, a new Board member, Leonard L. DiGiacomo (Unit 615) has been appointed to replace Jennifer Jones.”

You know that Seagrove, which had the job twice, had to be major screw ups for them to dump them yet again. I am sure it is bad publicity from sites like this and my various blogs and other news articles that had the effect of the decision to finally give them the boot.

Since Concord was only here for six weeks last time they never had a chance to actually do anything, so it is now up to them to get this complex under some sort of control.

WH

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21 Concerned Owner August 17, 2008 at 8:19 am

Man challenges Destin’s Waterstone with lawsuit over foreign workers

August 13, 2008 – 2:52PM

by: Fraser Sherman

Bill Harris says he’d have been much happier if he could have avoided a lawsuit over alleged illegal rentals in Panama City Beach’s Nautilus Cove Condominiums.

“I’m 62 years old and I’ve never sued anyone in my life,” Harris, who filed suit last month, told The Log. “It was only after nine to 10 months of complaints that I hired an attorney — at that time I thought that just paying $300 for attorney letters to the board of directors and Waterstone (Resorts) would finally do the trick.”

Harris, who hired Destin attorney R. Scott Whitehead to represent him, said he’s still hoping to settle out of court, but although he’s been told the problems are resolved, he’s not yet convinced.

Harris said that after moving into Nautilus Cove in May 2007, he noticed that the condo unit directly above his, owned by Waterstone Resorts Realty in Destin, held seven Asians working at a local resort.

Harris said he complained to Waterstone Resorts, which told him the condo had been rented to one individual and the problem would be dealt with. After leaving for a medical treatment, Harris said, “When I came back, three apartments were involved.”

After repeated complaints to the board of directors that this violated the condo association rules, Waterstone and the management company — none of whom returned The Log’s calls — Harris hired the Destin attorney to write to them as a “shot across the bows.” When nothing changed, he filed in court.

The lawsuit names Waterstone, Nautilus Cove and two Waterstone employees as defendants.

Since filing, Harris said, he’s been told “the situation is corrected, now they’re renting out more appropriately,” but having been out of the area, he doesn’t know if it’s true.

Harris said he’s willing to settle, but only if everyone on the other side agrees to the terms: “I want assurances that this is going to stop and enforce the documents as written. Plus I want my expenses to date paid.”Harris said he’s generally disappointed with Nautilus Cove because only half of the 168 units have sold and the rest are now being rented out so “I live in an apartment complex.”

Harris has also taken his fight to the Web, posting reports on the lawsuit and relevant documents to nautiluscovesuit2008.blogspot.com.

http://nautiluscovesuit2008.blogspot.com

http://nautiluscondosrules.blogspot.com

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22 Concerned Owner August 28, 2008 at 5:53 pm

The downhill slide continues with a major bust of a ‘Meth Lab’ in NCC Unit 1502. This is one of the developers rented out units. Seems they let anyone rent here that has the deposit. Odd thing was that even a simple check on the Bay County court site would have shown that the woman renter had prior cases for worthless checks an was evicted from another property last year.

The place is turning into a zoo.

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23 New Tennant September 16, 2008 at 3:38 pm

Hi – We live ABOVE that meth lab bust. We are a minister, a working mom and 2 kids, who have been dying to buy a home, but chose this step before purchasing. Within two weeks we were here we had to evacuate for a night because of METH below us!! Totally scary. Now NCC really stepped up to help us if we needed anything, really trying to ensure our safety, they covered all the testing (and our unit is 100% fine) I agree they really have to “thighten up the security” in regards to who they rent to. Peoples lives and families are at stake.

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24 Don and Bubba September 16, 2008 at 3:50 pm

Dear “New Tenant” as a native residence I am sorry to hear your first experience here was not a good one. Reading that you are interested in a house. My partner Don and I are sales associates as well as property managers. If there is something we may help with please do not hesitate to let us know. You may reach us at iamsold@knology.net and view the website at http://www.donandbubba.com. Thanks! Bubba McCants

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25 concerned owner September 16, 2008 at 4:52 pm

I am glad that the NCC stepped up to help you when that Meth Lab problem came up. My dealings with the developers have not been satisfactory. Probably the help you got was from the on site CAM Ms Dobbins. Now that Concord is back (2nd time) managing the complex we may end up with better management than with Seagrove who were not very good.

Security at NCC is a problem, some months ago 2 motorcycles were stolen from the complex and the condo insurance company denied any coverage of the loss! I understand that there may be some civil actions by the 2 condo residents who are unhappy to have their property stolen from out of our supposedly secure ‘gated community’.

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26 malinda blevins September 17, 2008 at 10:27 pm

i purchase a unit in feb 2007. i am very disapointed that i bought in nautilus cove .i agree 100% with mr harris,i don’t blame him for bring a law suit.i have been thinking about it also. you can tell the units that are rented, they do not take care of them. we paid alot of money for our units,so we want everything taken care of. every time i come to panama city i get sick to my stomach. i put my condo on the market to sell,but they have not had any one interested in it,because where it is located.if we don’t stick together we are going to lose alot of money.

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27 Consumer Activist September 23, 2008 at 11:49 pm

The Florida Condominium Law has just changed. Here are 2 newspaper links and the 3rd takes you to the text of the new law:

http://www.miamitodaynews.com/news/040827/story3.shtml

http://mcmpa.com/Condo_Law_Changes.htm

CHAPTER 2008-28 Full text of the 44 page Fla Condo Law Revised
http://www.myflorida.com/dbpr/lsc/documents/Ch_2008-028.pdf

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28 BH October 3, 2008 at 8:28 pm

This week I ‘won’ a civil suit against the Nautilus Cove Condo Board of Directors. They did not respond to the filing and the court entered a Default Judgement. The only thing remaining is a hearing to determine damages. It is unfortunate that this BOD not only will not take owners complaints seriously but they will not even defend a suit in court. These BOD members are 1 elected owner and 2 of the complex developers. So the condo is still under the control of the developer Nautilus Development Partners who have so little interest in their complex that they can’t be bothered to even hire an attorney to represent the owners interests. These are the 2 BOD/Developers responsible for the poor state of this complex: dprice@global-realty.net and jklohn@global-realty.net
o
http://nautiluscovesuit2008.blogspot.com

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29 Donna Livaudais October 10, 2008 at 4:37 pm

I have personally gone thru hell with the board at Nautilus condos on ft. bch rd. laguna bch. with some of the owners here in lying and saying that i shoved someone another x owner and filed a report with the police. She used the same att. and closed out her interest in her unit to her x boyfriend. This has cost me 3000 alone for her false report and she would not show at court—which was good but i have a record by some of her friends at the police dept and an owner who works for housing.
This has cost a divorce—–maybe a meth lab in the bldg.and all kinds of trouble. I could not have access to any of the financial records as of 05. It is the worst place i have lived in my life. I have no idea where the monies are going and have had harrassment for several years.If you want any info. write p.o box 7463 pcb 32413

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30 concerned owner October 19, 2008 at 7:46 am

Mr. Harris himself has done more to damage the reputation of Nautilus Cove with his constant barrage of complaints, lawsuits, and blogs. He is quick to point out that prices here have fallen. Well of course they’ve fallen, between the economy and his smear campaign against NCC, it was inevitable. This smear capaign has overshadowed what I think is and can be a great place to live.
Mr Harris does a good job of complaining, and little else that is truly productive.

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31 Concerned Owner February 22, 2009 at 9:23 am

Waterstone Resort Realty, LLC owns 4 units at Nautilus Cove in PCB and as well as being behind on their quarterly assessments on all four a foreclosure has filed on their unit 710 on 2/20/09 by Compass Bank in Birmingham.

At Nautilus Cove 46 units are behind on their quarterly assessments, 10 by minor amounts, 12 by signifigant amounts.

Liens are filed on 6 units and 7 are being foreclosed on.

No condos have been sold this year and only three last year. 60 unsold remain in the hands of the developer (who is renting them out where he can) with 108 having been sold.

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32 Concerned Owner March 8, 2009 at 6:56 pm

As of last week the 3 additional Waterstone Resort Realty, LLC, condos are in foreclosure, making it all 4 of their condos. This firm has now changed their State registration from that above to NCPCB Investments, LLC, seems that their ‘investments’ are not doing very well as shortly Compass Bank of Birmingham will be the owner of their condos at Nautilus Cove.

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33 Concerned Owner March 26, 2009 at 4:11 pm

March Mini Newsletter – Nautilus Cove Condo, Panama City Beach, Florida

RE: Nautilus Cove Condos, 13700 PCB Parkway, PCB, FL 32407

According to public records this year there were no sales at NCC to date.

Last year there were 3 sales and one in family transfer of a condo. The prior year there were 70. Total sales to date are 108 with 60 units still unsold and the developer is renting them out to whoever he can.

So what we really have here is a rental complex. In fact Concord Management is advertising it as Nautilus Cove Apartments.

I did some online research and between those condos the developer is renting out and the others that I know are available for rental, there are at minimum 73 units out of 168 available to rent. Only 29 of the condos have homestead exemptions so very few unit owners actually live there year around. Anyone in the business knows that when condo complexes are over 20 percent rental they suffer and that is the case here.

We also suffer from being under the uncaring thumb of the developer who has 2 of the 3 BOD seats and of course the BOD elected the 3 officers, who are also developers. So 5 out of 6 assn. positions belong to the developer and will until at least July 2010 when the 2nd BOD position should be filled by an owner.

It is very discouraging to live here and of the owners I have spoken to NONE say that they would have bought here if they knew how much BS there would be. The association dues are up again, now they are at $575 quarterly. 46 of the 168 units are behind on their payments, 12 by serious amounts (up to $4000) and another 10 are pretty minor, the rest in between. Liens have been placed on 6 condos for non-payment and 9 are now in foreclosure, including 4 from Waterstone Resort Realty, LLC (they just changed their name to NCPCB Investments, LLC).

The NCC BOD meeting and the Annual General Meeting were held on Dec 20, 2008 and the minutes of these meetings are STILL not available more than 3 months after those meetings!

Waterstone Resort Realty, LLC, the owner of 4 condos in the 7 building, has changed its LLC registration name to NCPCB Investments, LLC. Compass Bank in Birmingham is now foreclosing on all 4 units.

I opine that the change of name is to avoid having a bankruptcy under the generic Waterstone name. Waterstone is keen on getting LLC’s on any possible combination of Waterstone this or Waterstone that with LLCs (9) and DBAs (4). I believe that at least one and possibly 2 of the LLCs will be out of business before the end of this summer.

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34 Concerned Owner March 29, 2009 at 8:18 am

After considerable back and forth and needless delays by the defendants, the case of William Harris v. Nautilus Cove Condominium Assn, Inc and Waterstone Resort Realty, LLC has been set for non-binding arbitration.

The arbitration is scheduled on May 12, 2009 at 9:30 a.m., at the law office of Hutto and Bodiford. Their address is 620 McKenzie Avenue, Panama City, Florida.

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35 Tom Stoll June 10, 2009 at 6:58 pm

Mr. Harris:

If you run for BOD, I will vote for you.

Tom Stoll

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36 Keep looking August 12, 2009 at 6:05 am

this developer is so crooked its amazing he can stand up straight

mr. harris you should simply file a complaint against ross pritcherts cam liscense

keep fighting, but know that you will never regain your investment in this dump

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37 ocala houses for rent December 22, 2009 at 5:20 pm

I agree with you that the developer should look out for the interest of the people who purchased his units.

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38 B. Harris January 13, 2010 at 1:28 pm

Nautilus Cove has been hard hit by the realty market. My blog updates frequently with information about owners who are undergoing foreclosure, bankruptcy and are just in general falling behind with their quarterly condo payments.

As a minor update on a few matters:
1) the Waterstone Resort Realty LLC four condos have been foreclosed and Compass Bank of Birmingham has them for sale. The price started out at 124,900 but in Dec it seems that they dropped them down to 109,900. Waterstone is of course being sued by Compass Bank and they also have 4 liens placed by the condo for non-payment of 9 months of past due quarterly dues payments.

2) The civil suit involving myself and the BOD and Waterstone is now in its 19th month and is suppose to go to non binding arbitration but no date is set. You may recall that it was once before set and a date established, but Applebaum, the BOD attorney got up to a few weeks before the date and absolutely refused to attend. Delay by both defendants seems to be their only option as the documents were clearly violated by the Waterstone rentals to labor contractors who used the units as ‘dorms’ for imported overseas workers.

3) I have no news of the AGM/BOD meeting which was held in late Dec as I did not attend due to it being set so close to Xmas that I could not be in Fla for it. I understand that 15 units and a rep from the Developer attended. Eventually the Concord CAM will provide the minutes of the meeting but last year they were not available until mid-March for the Dec meeting.

4) My filing a complaint with the Florida DBPR got the info that the 2nd owner BOD member position should be available to us July 25th this year. At this point we will have ‘control’ of the complex and I hope that many changes will be forthcoming, including a change of management company and the end of the BOD appointing themselves as the ‘Officers’ of the assn (Pres, VP, Secty & Treasurer).

5) There was some initial info that the Developers were going to sell ‘enbulk’ their remaining 57 units and thus ‘turnover’ the complex to the owners. I never thought this likely and if there ever was any such plan it seems that it must have falled through.

6) The 2nd suit by 2 other owners over the theft of their motorcycles when the gates were broken and anyone could (and did) wander in here, is still proceeding. I have little info on it other than watching the filings on the link on my blog. Both that suit and my own could have, and should have, been avoided with even the most limited involvment by the BOD but they have steadfastly refused to show any interest or leadership in ANY matter involving this complex. Seems that the only way to get anything done is to sue and it is probably just sheer luck that there are only these 2 suits filed as a lot of people are annoyed with a number of things at the complex.

I keep the blog site as up to date as possible for someone who is not in residence on a regular basis. I have NEVER spoken to any owner who has positive input on the condo, all, including myself, wish we had never gotten involved with the place.

Bill Harris
Condo 708

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39 CONCERNED OWNER February 8, 2010 at 4:48 pm

Mr. Harris,

Can you find out if it is against the condo docs to lease the units as overflow for the HUD Housing at Stone Harbor? I am upset after purchasing my condo for 190,000 and it is now being leased as low income housing. I have a 4BR tWo BATH and I now realize if I did not have a job I could get my same property for around 700 a month with no HOA dues. I am out 1500 A MONTH FOR MORTGAGE/DUES AND THEY ARE PAYING 700 FOR THE SAME THING…
noT FAIR….AND THE RENTERS ARE THE ONES WITH THE TIME TO USE ALL THE AMENTITIES BECAUSE I AM TOO BUSY WORKING TO PAY FOR THEM TO BE FLOATING AROUND IN THE POOL.
I APPRECIATE ALL YOU ARE DOING, AND IT HELPS US THAT ARE WORKING TOO MUCH AND DON’T HAVE THE TIME AND EFFORT LIKE YOU..LET ME KNOW WHAT YOU FIND OUT?

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40 B. Harris March 16, 2010 at 3:07 pm

First let me say that I have not been back to this site since my last post. I only found the above inquiry today and I immediately took a look and made a call and the answer is that there is no violation to rent out to HUD folks or those on public assistance.

The ‘good news’ is that, per my phone call to Kay in the NCC office, there is no one in the 57 developer owned units being rented out who are involved with HUD and there is no one in any of those 57 units that are on public assistance. There are probably 20+ privately rented out units and what those individual owners do is known only to them and the relevant public agencies. Both Kay and I think that the amount of paperwork for such rentals would be so great as to discourage owners from getting involved.

Far as I know our sort of downmarket ’sister’ complex, Stone Harbor, can refer people here for rentals and our office can refer potential renters to them, both are Concord Management operations. I agree entirely with your comments that those of us who actually purchased our units, either for cash or for a mortgage, are disappointed to now find ourselves in a 50% rental community. Had any of us thought we would find ourselves owning in a rental property we would NEVER have purchased here.

Sorry for such a long time between your post and my reply, once I read the post it was less than an hour to my posting the reply. I can be contacted via: computer201@hotmail.com and keep in mind I am just an owner and NOT an attorney so regard any advice I give in that light, just one neighbor kabitzing with another neighbor – NOT legal advice.

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