Judge Brenda Hollar last week granted a group of 24 owners of condominiums at Grande Bay Resort a temporary restraining order against the luxury condo developer, Bay Isle Associates, to prevent the filing of new condominium documents at the Recorder of Deeds.
A hearing on the matter scheduled for Wednesday, June 20, was canceled.
The plaintiffs allege the new condo docs were “significantly changed,” despite Bay Isle’s assertion in the original condo documents that changes could be made, “so long as such changes do not materially and adversely affect the rights of buyer or the value of the (condominium) unit,” according to the memorandum of law in support of the temporary restraining order, filed on June 6 by the Bornn Firm, which is representing the plaintiffs.
The attempt to file the new condo documents, which the memorandum describes as a “classic bait and switch,” is yet “another example of what seems to be the course of conduct for Bay Isle,” according to the memorandum. “Bay Isle promised one thing to the plaintiffs to induce them to sign the purchase agreement and now Bay Isle is attempting to change the deal and in the case of the hospitality agreement, even charge the plaintiffs multiple times for the same things.”
Bay Isle Associates Optimistic
Kelly Frye of Bay Isle Associates was optimistic leading up to the Wednesday, June 13, hearing, he explained.
“We’re meeting with the plaintiffs to work out the details of the condo documents, and we’re optimistic that we’ll proceed ahead,” said Frye. “We want to make it so the owners are happy and we can move ahead with closing and finishing the project.”