Association disputes Klauber's claims

The Colony Beach & Tennis Association believes it can move forward with plans for redeveloping the historic resort — even without the approval of longtime owner Dr. Murray “Murf” Klauber.

Association attorney Donald E. Hemke sent a letter Jan. 16, to Longboat Key Town Manager David Bullock disputing many of the claims Klauber made in a Dec. 12 letter to the town.

In the letter, Hemke wrote that after reviewing the application, the association believes it can apply for a planned-unit development, outline-development plan and/or site-plan approvals for a proposed redevelopment of 15 acres of the condominium common elements of the property, regardless of whether Klauber joins in the application.

The letter states that the association’s plan calls for creating a new condominium in conjunction with terminating the existing condominium. The current plan does not call for developing four contiguous parcels totaling three acres within the property that are controlled by Klauber and his companies.

In his Dec. 12 letter, Klauber argued that under town codes the association could not proceed with a redevelopment without his signature or an affidavit acknowledging his consent. However, the association’s letter cites Florida Statutes 718.117, which “does not require unanimous consent of the unit owners to terminate a condominium. Instead, a plan of termination that complies with the Section 718.177 requires the approval of a supermajority of the owners. Although an individual unit owner is granted the right to contest a plan of termination, such right is limited to whether the apportionment of sales proceeds is fair and reasonable.”

The letter states that there are 244 unit owners at the Colony who technically may have a 1/244th undivided share in common elements of the Colony and that requiring the approval of each for an ODP or PUD application would be an “ … unreasonable construction … ”

Hemke wrote that the declaration of condominium for the Colony and Florida Statutes provides that “common elements” of the condominium include “the condominium property not included in the units” — i.e. the underlying land. The letter states that the association is appointed attorney-in-fact for all unit owners to represent them in the interest of common elements.

The letter describes Klauber’s claims that he would suffer substantial financial damages if the town approved a redevelopment plan without his consent as “empty threats designed to intimidate town officials into acting against the clear public interest of restoring the Colony to its former status as a world-class resort in favor of one unit owner’s purported private interest.”

Reached late Tuesday afternoon by phone, Klauber said that he would address what he described as a “ridiculous letter” after reviewing it at length with his attorney.