Page 41

20247BB

“Nevertheless,” the complaint continued, “recognizing that if road access were allowed to (TSI) he would realize substantial profit from developing and selling his properties, Strich hatched a scheme, equal parts coercion and enticement, to convince BGIPOA’S Board of Directors … and … property owners to reverse their long-standing opposition to the use of lot 99 as access to (TSI).” low water line, but that their client would see submerged lots for $175,000 per lot in an attempt to offset their original investment cost on a property they could not access by land. BGIPOA and 5F, LLC closed on a settlement agreement resolving the dispute regarding the need to repair the main bridge from the mainland to Boca Grande Isles. While BGIPOA needed to repair the bridge, they would have been unable to do so as the submerged land the bridge spans is owned by 5F. In reaching a settlement it was believed the decades-long dispute would come to an end regarding access rights to Three Sisters and the submerged lots. It not only allowed BGIPOA access to clean title to the mainland bridge and land around the bridge, it also allowed 5F to gain access over the private bridge and roads of Boca Grande Isles to their lots on Three Sisters. The company stated they would start selling lots there in the future, but would combine the 11 lots into not more than six lots. The agreement also included the transfer of title to the submerged lands to waterfront landowners in BGI. The ink was barely dry on an agreement between the Boca Grande Isles Property Owners’ Association and defendants 5F, LLC, and 5F BA, LLC, when those three entities and several other parties were named as defendants in a new lawsuit — one that sought to prevent BGIPOA and 5F from implementing their agreement. That agreement would have allowed certain property owners on Three Sisters Island to build a road over lot 99 of the Boca Grande Isles subdivision. The plaintiffs, Boca Grande Isle, LLC, Three Sisters Isle, LLC, Redfish Alley, LLC, and Osprey Alley, LLC, own lots 100 and 101 in BGI and three lots in the TSI subdivision on that island. The remaining 11 lots on TSI are owned by 5F, LLC and Mount Massive, LLC, both named among the defendants. In their complaint, the plaintiffs alleged that Ronald Strich, through 5F, acquired lot 99 in BGI and eleven lots on TSI knowing that TSI could only be accessed by water, since the 2nd District Court of Appeals, in 1992, upheld a decision to nullify an attempted revision to BGI’s deed of restrictions to allow for use of lot 99 as a roadway. “Nevertheless,” the complaint continued, “recognizing that if road access were allowed to (TSI) he would realize substantial profit from developing and selling his properties, Strich hatched a scheme, equal parts coercion and enticement, to convince BGIPOA’S Board of Directors … and … property owners to reverse their long-standing opposition to the use of lot 99 as access to (TSI).” According to the complaint, he did this by acquiring submerged land around BGI (known as Sunset Flats) “in order to threaten homeowners with the loss of their docks and water access to Charlotte Harbor.” The plaintiff alleged that BGIPOA had successfully convinced the court to recognize lot 99 for use only as a single family, residential lot and that 5F should be enjoined from using it for any other May 1, 2015: May 22, 2015:


20247BB
To see the actual publication please follow the link above