in addition to the titles to submerged lands adjacent to certain property owners’ lots. According to some of the motions to dismiss that accompany defendants’ answers, the fiduciary duty which they are accused of breaching was never established in the complaint. Several defendants cited cases they say established the fact that homeowners’ associations are not beholden to individual property owners, but to property owners as a group. That would affect, according to the defendants, claims that building a road over a lot adjacent to someone’s home would be a lapse of duty to that individual’s interests, since the HOA is liable to property owners as a whole. Defendants BGIPOA also maintained that, in spite of a court order in 1992 which was upheld on appeal since then, that lot 99 was permanently restricted to its original use — single-family residential — that it had the right to alter restrictions regarding the permissible uses of lots in BGI. An amendment is valid insofar as it, according to the affirmative defense filed by BGIPOA, “does not materially and adversely alter the proportionate voting interest appurtenant to a parcel or increase the proportion … by which a parcel shares in the common expenses of the association.” May, 2017: Representatives for the Three Sisters Homeowners’ Association held a public informal session to explain the variance request they submitted to Lee County regarding landscaping, lot buffering and the proposed roadway between Boca Grande Isles and Three Sisters. Michael Haymans of Punta Gorda addressed a group of about 25 people who were interested in the continuing saga of Three Sisters Island and Boca Grande Isles. He also brought up an issue that has been the center of controversy for many, many years on Gasparilla Island, and one that could have a significant affect on the outcome of the development of Three Sisters Island. In the meeting Haymans told the people attending that the two island have always been connected to one another, and that if they lost the lawsuit there would be 11 buildable lots available on the island, not just the six they were proposing to consolidate the 11 into. He admitted, though, that there would be no land access to Three Sisters if they lost. “If the lawsuit is still pending, or if is lost, all this will be for naught and there won’t be a shovel turned on this road,” he said. “We’re moving forward with the hopes and expectation it will be resolved favorably, but there is no guarantee.” If all goes according to plan Haymans said he expects a hearing on this matter will beheld in late summer or early fall. G M July/August 2017 GASPARILLA ISLAND 43
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