The following was marked as an “OFFICIAL COMMUNICATION” from the Waterview Towers Condominium Association, Inc.
February 15, 2023
- Contrary to rumors circulating, ALL LITIGATION between The Waterview Towers Association and Leisure Resorts (aka Palm Harbor Marina / Chase) HAS BEEN SETTLED.This is a major achievement for all unit owners.To confirm this, we have attached court orders, called “Orders of Dismissal with Prejudice” that have been signed and filed by the judge.The phrase “With Prejudice” means that these claims cannot be filed again.
- Attached are artist renderings for the Yacht Club to be built on the C-2 property south of the building.Under the settlement agreement each unit will have a free membership.
This is a short update on litigation matters.
Following the January 31st Board Meeting, the Settlement Agreement with Leisure Resorts, LLC (“Leisure”) was fully executed by the Association and Leisure. Shortly thereafter, counsel for Leisure and the Association executed stipulations for dismissal with prejudice and filed the stipulations in all the pending cases where the Association was in litigation with Leisure and its affiliates.
In the “Marina Case”—involving claims involving the expansion of the Marina and counterclaims against the Association for breach of an estoppel agreement—the judge signed an Order of Dismissal With Prejudice of all claims between the Association and Leisure. A copy of the order is attached. An Order of Dismissal With Prejudice is a final conclusion of all claims between the parties. In this case, the Order of Dismissal With Prejudice is a final conclusion of all claims between Leisure and the Association relating to the marina.
A judge has also entered an Order of Dismissal With Prejudice in the “Directors’ Case”, wherein Leisure was seeking a declaration that the Association Board should be comprised of four representatives of the residential units and four representatives of the commercial units. A copy of the Order of Dismissal in the Directors’ Case is also attached. Of course, the Settlement Agreement with Leisure confirms that the Board will henceforth function with five residential unit representatives and four commercial unit representatives. In addition, please find the Order of Dismissal of the Hotel Case. We anticipate that similar Orders of Dismissal will be entered in the remaining cases in the next few days.
On Thursday, February 2, 2023, a hearing was held on a motion filed by Mr. Waldman to extend a stay in the Marina Case. Since the Settlement Agreement resolved all claims between Leisure and the Association in the Marina Case, the Association’s attorneys opposed Mr. Waldman’s motion, and Mr. Waldman’s motion was denied. The Court entered the proposed order submitted by the Association’s counsel, and a copy is attached for your review.
There should be no doubt that the Settlement Agreement and the Orders of Dismissal resolve all litigation between the Association and Leisure and its affiliates. There is no ambiguity or uncertainty about this point.
As most of you are aware, virtually all of the litigation cost over the last four years has arisen in response to the defamation lawsuit filed by Mr. Waldman and the declaratory judgment lawsuit filed by Mr. Waldman, Ms. Priscilla, Mr. Kolligian, and Ms. Bennett, along with the counterclaim filed in that case by the Association. Those cases are still pending. On Tuesday, February 8, 2023, the Court granted our motion to compel certain documents from Mr. Waldman in the defamation case. The next hearing in the defamation case is on February 28 on a motion relating to Mr. Atkinson.
The documents filed in the court files of both cases can be reviewed online by searching court records on the website of the Palm Beach County Clerk of Court at www.mypalmbeachclerk.com. The defamation case filed by Mr. Waldman is Waldman v. Waterview Towers, Case No. 2019-CA-000648. The declaratory action and counterclaim case is Waldman, et. al. v. Waterview Towers, Case No. 2019-CA-003329. As always, the Board encourages anyone interested in learning about these cases to review the actual online court file, and to be aware that it can be misleading to review short and partial excerpts that are not read in context of a complete document and the response thereto on a given issue.
Thank you for your consideration of the foregoing and the attached.
