Add another lawsuit to the Colony Beach & Tennis Resort legal saga.
Colony Beach & Tennis Resort unit owners Sheldon and Carol Rabin are seeking an injunction in Sarasota Clerk of Circuit Court against the Colony Beach & Tennis Resort Association, citing its failure to maintain the existing buildings on the property. The injunction will request the association to undertake its maintenance and repair responsibilities and damages from the board for its breach of fiduciary duty.
In a memo to unit owners dated Feb. 14 that's titled “Preserving Our Valuable Investments," Sheldon Rabin noted that he has retained attorney Alan Tannenbaum of Sarasota-based Tannenbaum Hanewich to prepare the injunction. Tannenbaum has already secured the permission of the Middle District of Florida’s Bankruptcy Court to pursue the injunction.
Before the lawsuit and injunction are filed, though, Rabin is seeking more unit owners to join him and his wife as plaintiffs.
Rabin is forming a not-for profit corporation called Concerned Owners of The Colony, Inc. to act as the repository of funds that will be contributed toward the lawsuit effort.
For more information, pick up a copy of this week's Longboat Observer.
Contact Kurt Schultheis at firstname.lastname@example.org.
Currently 1 Response
- I can greatly sympathize with Shelly Rabin's position as in my opinion the beach unit were not treated fairly. It seemed that the board and the prospective builders would have much preferred that the beach units and owners just went away. The beach units are a very valuable part of our history and attraction and need to be preserved. Perhaps the board should take a more global view of the issue rather than what seems to fit them. As they can't be re-built if knocked down it is important to deal with this issue separately. So, although I am not in favor of more lawsuits I think it is important that something should be done to protect the beach unit owners interests. This surely would be the most constructive and least expensive approach to solving this unique problem.
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