using association funds to pay for legal expenses incurred in any of the lawsuits the association was involved in regarding Sunset. Realty Because Sunset Realty owned nine lots in the Isles and was technically a member of the BGIPOA, the lawsuit said it was an improper expenditure of corporate funds to fund legal fees of individual members against Sunset Realty, effectively placing Sunset Realty in the position of funding the legal fees against itself. BGIPOA said Sunset Realty’s lawsuit constituted an ultra vires act in violation of the Association’s articles of incorporation and by-laws. One BGI resident was served with papers stating he would have to remove his dock, which had been in place for more than 15 years. Compounding the dispute was the recent sale by Sunset Realty of Lot 14 on Three Sisters Island to Gasparilla Construction Corporation, Inc. As part of the transaction Sunset granted Gasparilla Construction Corporation, Inc. as easement over Lot 99 – which Sunset Realty owned – of Boca Grande Isles. BGIPOA then filed a lis pendens on Lot 99 so any future purchasers of lots on Three Sisters were granted an easement over Lot 99 in the Isles would be on notice of the existing temporary injunction against Sunset Realty using the bridges and roadways for access to Three Sisters. BGIPOA also asked the court to find Sunset Realty in contempt of the existing temporary injunction because of their conveying an easement over Lot 99 to Gasparilla Construction. Sunset Realty had recently filed and won a motion for clarification of that injunction to allow them to use the roads and bridges for access to sales agents, officers and directors of Sunset, and to complete mitigation planting on Three Sisters. August, 1991: Gasparilla Construction Corporation, Inc., a subsidiary company of Sunset Realty, served individual Boca Grande Isles homeowners with lawsuits over disputed land access to Three Sisters. Gasparilla Island Construction, Inc. had just been formed and Stephen Schwartz had been named to all the principal officer and director positions. The lawsuit stated that a “statutory way of necessity” was needed to gain access to Three Sisters, and that way was through Boca Grande Isles. Because Sunset Realty was still not allowing BGI homeowners to build docks on their waterfront property, BGI homeowners said Sunset Realty couldn’t use their roads or bridge to access Three Sisters. September 6, 1991: BGIPOA announced its withdrawal from the dispute. In a letter to property owners BGIPOA President Don Carroll said the Association felt it
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