Eight-year Old Fort Bay Club court battle comes to an end

An eight-year-old court case centered on whether certain common areas within the Old Fort Bay Club are owned by the club’s Property Owners’ Association (POA) or the developer of the subdivision Old Fort Bay Company Limited, has been settled by Justice Indra Charles, who found that “neither party was wholly successful”. 

The judge did rule in the case of Pineapple Grove, Pineapple House, the marina and the Old Fort Bay Club – which the POA claims are common areas – that those areas remain the properties of the developer.

The POA argued that the developer should not have been allowed to sell part of a plot of land that was identified as a “beach reserve” and therefore was considered a common area.

The judge agreed with the POA’s assertion and ruled in its favor.

“The identified beach reserve is a ‘common area’ within the OFB (Old Fort Bay) Subdivision and ought not to be sold,” the ruling states.

“The POA is entitled to damages for the sale of a portion of the identified beach reserve. Such damages are to be calculated by counsel.”

With regard to the issue of Old Fort Bay’s marina and the developer’s plans for further construction of dockage, Justice Charles ruled that homeowners who would be affected by the construction would have to be consulted before and an environmental assessment report done, before work can begin on the marina.

The judge also requested that a site visit to Old Fort Bay’s marina be arranged by all counsel and if possible visits to the marinas at Lyford Cay Club and Albany.

The POA along with Old Fort Bay property owners Matthew Hudson and Zsuzsanna Foti were represented by Krystal Rolle QC, while Old Fort Bay Company Limited and New Providence Development Company Limited were represented by Gail Lockhart-Charles QC.

Justice Charles began her conclusion contending that the case “occupied a lot of the court’s time, which could have been avoided if good sense had prevailed”.

“I do hope that these parties will put their differences aside and hold no one to ransom in what, for the most part, appears to be very straightforward but lengthy issues,” said Charles.

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source https://thenassauguardian.com/eight-year-old-fort-bay-club-court-battle-comes-to-an-end/