Spring Wedding Request Prompts Easement Debate

Following more than a week of behind the scenes debate…the LSPOA Board decided against a request to use the beach access easement for a spring wedding. The issue first arose back in mid-July, when members Carol and Phil Fuoco asked if a friend of their family could use the Pavilion for a wedding March 31, 2012. The couple wanted to get married on the beach, would like to use our easement to get there, and our parking lot for up to 100-guests.

Westway Drive Entrance to LSPOA  Easement

At first blush, a romantic beachfront wedding sounds harmless enough. And heck, why not? The Fuoco’s are great people, long-time members in good standing, and they promised to get an insurance rider holding LSPOA harmless for any accidents or incidents during the event. So, the initial reaction was sure, sounds OK.

Then, the elephant in the room was recognized; the real crux of the situation realized. There is a Court Ruling, in place since 1999, that governs the use of LSPOA’s Easement. That ruling settled a vigorously contested lawsuit filed by former Lido Shores resident Laurence Saslaw against Lido Shores Property Owners Association, Inc. A Court Order by Sarasota County Circuit Judge Lee Haworth approved a settlement that affirmed LSPOA owns the 20-foot easement providing beach access.

Tom McInerney's Home at 1067 Westway Drive

At that time, the Easement crossed through the properties of Saslaw and Robert Salisbury. The easement now crosses solely through Tom McInerney’s property. McInerney owns the home at 1067 Westway Drive (to the right or north of the gate). He also owns 1003 Westway Drive, the lot directly behind or west of Salisbury's former home. That empty lot abuts 1001 Westway Drive, the parking lot and beach property owned by LSPOA. In June, McInerny purchased 1051 Westway Drive, Salibury’s house. 

McInerney, who also has a home and family business in Wesport, CT, now owns all of the property on both sides of  the LSPOA Easement, and assumes ownership and responsibility for the  Westway Drive gate. LSPOA owns and is responsible for the second gate, at the entrance to the parking lot.

Fast forward to 2011, and you clearly realize that long-time Lido Shores residents retain their long-term memories of that important court victory. They pointed to Rule #1 (see Rules on www.lido-shores.com) on the use of LSPOA Property and the Easement: 

Bob Salisbury's former house, 1051 Westway, purchased by Tom McInerney

“Only members in good standing, their respective families, tenants, and house guests may use the easement and LSPOA beach property. "House guest" means any person invited into a member’s home as a guest for any period of time. It includes day guests as well as overnight guests, but by necessity involves a stay for some period of time in the residence of the host.”

It would be a rather lengthy leap to call 100-guests attending a friend of a member’s wedding actual house guests. Other board members cringed at the logistics of maneuvering 40 or 50 cars through the easement, and whether to keep the gate open, and for how long. 

While some members maintained a desire to honor the request, or make an exception for neighbors in good standing, others, including member Ken McMillen, used more pragmatic terms like “dangerous precedent” and opening “Pandora’s Box”, to just plain “bad idea”. Member Lois Fishman declared, “We must be vigilant about upholding the court order.” 

Board President Bob Garvin, responding to the growing concerns said, “The uneasiness with this proposed affair won’t die.” Garvin then summarized the eventual August 4th board decision to turn down the request.

Effect on the Court Order

The court order defines what we may do. It permits “house guests” to use the easement, requiring “by necessity a stay for some period of time in the residence of the host.” The original litigation was brought because Saslaw alleged that some hosts were inviting friends from outside the Association to  join them on the beach.

Having friends of a member hold a wedding on the beach and inviting 100-of their friends to join them unreasonably stretches the definition of “house guest” beyond the intent of the court order.

Clarity of our Rules

Our rules are clear enough: they quote the court order. It would be foolish to attempt to write rules for every conceivable situation. If, as in this case, interpretation is required, that is what the board is for.

Precedent   

Any board decision sets a precedent; the Vardon bar mitzvah party and two prior weddings have already been cited as precedents for why it would be unreasonable to refuse a member in good standing the same permission. Bob Salisbury believed firmly that if the association did not enforce its court-mandated rules all the time, it would be hard-pressed to enforce them any time. That’s also Common Law.

Benefit to the Association 

Like it or not, so large an event interferes to some extent with our members’ enjoyment of the easement.

Garvin went on to add: “A majority of a quorum of the board has now voted against allowing the wedding to use our easement. I will inform the Fuoco’s, who have behaved with admirable propriety in this matter, and apologize to them for our confusion. The board has done a fine job arguing the pros and cons, with complete transparency. Thank you for that.” 

Precious LSPOA Easement

One would be hard pressed to refute that perhaps the primary reason we as LSPOA members enjoy Lido Shores is our private, enduring, gated access to the beach. A seemingly simple wedding request to use that precious, 20-foot wide sandy stretch of real estate, underscores just how important it is not to rush to judgement and allow emotion to potentially jeopardize that privilege.  ~BT