BRADENTON BEACH – Building Official Rob Perry told city commissioners the Florida Department of Environmental Protection (FDEP) has completed its investigation pertaining to large beach rocks recently being relocated from one beachfront property to another.
During the April 16 city commission meeting, Perry discussed an April 8 site visit from a FDEP field inspector. The genesis of the FDEP site visit pertained to a March 31 incident involving a backhoe operator who was seen piling the rocks on the west side of Gayle Luper’s beachfront property, thus blocking access from the cottage to the beach.
The cottage and property where the rocks were placed are part of the Bungalow Beach Resort property owned by Luper.
A neighbor photographed the relocated beach rocks that blocked access to Gayle Luper’s beachfront property on March 31. – Submitted
Luper’s beachfront property is located south of the Seaside at Anna Maria Island Inn property, which is located at 2200 Gulf Drive N. According to the Manatee County Property Appraiser’s Office, the Seaside at Anna Maria Island Inn property is owned by Tristar Properties Acquisition Prime LLC. The Florida Division of Corporations currently lists Shawn Kaleta as the limited liability corporation’s manager.
The relocated rocks appeared to have been moved from the southern perimeter of the Seaside property to Luper’s beachfront property. The city then facilitated some of the relocated rocks being moved again to provide beach access to and from Luper’s beachfront cottage.
The beach area in question is located seaward of the Coastal Construction Control Line (CCCL), which falls under the jurisdiction of FDEP. After the city received a complaint about the rocks being moved, Perry reached out to FDEP Field Inspector Erin Luaces, who then conducted an April 8 site visit and met with the two property owners.
“She said you need field permits from FDEP to do certain work on the beach,” Perry told the commission. “FDEP allowed us to push it back to the city level, where we could do enforcement. Basically, she let the two property owners know that any more activity on the beach, especially during turtle season, they need a field permit from FDEP, or a permit on the local level, prior to any movement on the beach. Case closed on that one. It was educational and they put it to bed.”
Mayor John Chappie asked for a time line on an FDEP report.
“There’s not going to be a report,” Perry said. “FDEP said don’t move them again and that was it.”
Code Enforcement Officer Evan Harbus said FDEP stated the rock relocation was a civil matter between the two property owners.
Commissioner Deborah Scaccianoce asked about the rocks’ role in beach erosion prevention.
“The rocks are on private property. They have the right to move them. They did this right after the hurricane and I got a complaint,” Police Chief and Public Works Director John Cosby said. “I called Charlie Hunsicker (Manatee County Director of Natural Resources) to look at it and he made the determination that they were on private property.”
Cosby said this boils down to an issue between the two property owners.
“That’s all civil and we’re not getting involved with it,” Cosby said. “We made that very clear to everybody.”
“There was no violation other than they needed a field permit. DEP basically slapped them on the hand and said don’t do it again; and if you’re going to do it again, even though it’s your property, you need a field permit,” Cosby said.
In her April 17 email to The Sun, Luper wrote, “From my perspective, there are still outstanding questions about property boundaries, rock placement and long-standing beach access. I’m aware of the comments made at the meeting, but I have not received any formal written determination from FDEP confirming that the matter is fully closed or resolved.”
BRADENTON BEACH – Potential code violations at the Salt Bar & Table restaurant are being investigated by the Bradenton Beach Code Enforcement Department.
“They are working with the property owner to garner compliance,” City Attorney Erica Augello said during the April 16 city commission meeting.
Located at 2519 Gulf Drive North, Salt Bar & Table restaurant is owned by 2519 Gulf LLC, a limited liability corporation that lists Shawn Kaleta as its manager.
“It’s in my area and I’m up to here with it,” Commissioner Deborah Scaccianoce said.
She asked Augello to clarify what the specific code enforcement or compliance issues are.
“During the investigation, there were certain things that were elicited that might have been code violations. One was concrete that was installed without a permit. One was a fence that was installed, I believe, without a permit,” Augello said. “There was a question about outdoor dining and the parking issue.”
Salt Bar & Table does not have a dedicated parking lot and Scaccianoce said she’s received many complaints from residents about the valet parking at the restaurant.
“The valet is using 26th Street as a staging area for the cars. When people are coming to Salt, the valet is putting the cars in the active driving lane facing east. If the person is leaving the restaurant, they’re bringing the car around in the active lane on 26th Street facing west,” Scaccianoce said. “Every day I go home, there are cars facing in opposite directions waiting either for people to get out of their cars to go into the restaurant or coming out of the restaurant to their car, and you cannot drive down 26th Street.”
She also said the valet employees are rude to residents.
“They cuss at people. They wave us off and tell us to drive away and use a different street. That is unacceptable,” Scaccianoce said.
Scaccianoce owns the Double Deez Chicago Style Restaurant in Holmes Beach and she noted she must adhere to the city’s licensing stipulations for parking.
“My seat license is 40 and I had to have a parking space for every four people,” she said. “If I wasn’t sharing a parking lot with the Anchor Inn bar, I would not have gotten permission to open my restaurant, because I only have three spaces,” she said.
“I don’t know how Salt is getting away with what they’re doing. Their seat license is either indoor or outdoor and they’re using both all the time,” Scaccianoce said. “Salt is out of control, and it goes way beyond pouring concrete and putting up a fence.”
Augello said in addition to the patio and fence, the city is investigating the outdoor dining and parking issues.
“Those things are all being discussed with the property owner. Permits are being applied for, I believe,” Augello said. “Applications are being put together. Right now, there’s no active code enforcement case on the property. There’s been no notice of violations issued.”
Bradenton Beach permit technician Jodie Fiske told The Sun on April 17 that permit applications were under review.
“Whether or not a notice gets issued because compliance is not being had, that might happen. We have to go through the proper channels to make sure code enforcement is being done correctly,” Augello said.
“I want to make sure the valet service is part of this,” Scaccianoce said.
Police Chief and Public Works Director John Cosby said everything is being looked at. Cosby supervises the city’s code enforcement division.
BRADENTON BEACH – The Florida Department of Environmental Protection (FDEP) and city staff are investigating the recent relocation of large beach rocks that were put in place decades ago to prevent erosion.
On Tuesday, March 31, a backhoe operator was seen piling the rocks on the west side of the property at 2108 Gulf Drive N., thus blocking access from the cottage to the beach. The cottage and property are part of the Bungalow Beach Resort property owned by Gayle Luper.
Tire tracks in the sand and disruption of beach areas were apparent following the recent relocation of several large beach rocks. – Leslie Lake | Sun
When speaking to The Sun on April 3, neighboring property owner Dan Ibach said, “My son called me Tuesday and said he was watching a machine piling the rocks in front of the opening of Gayle’s place and he asked me to let her know.”
Luper’s property was rented to resort guests at the time.
“My son said he watched those people climb over the rocks to get back from the beach,” Ibach said.
According to the city, the Bradenton Beach Police Department received a call reporting the construction equipment on the beach. Code Enforcement Officer Evan Harbus then responded to the call and a neighbor photographed Harbus speaking to the backhoe operator. The nature of that conversation has not been disclosed by the city and a police department spokesperson said a report was not generated.
Code Enforcement Officer Evan Harbus spoke with the unidentified backhoe driver, who neighbors said was moving rocks in front of Gayle Luper’s beachfront property. – Submitted
On April 1, Luper sent an email to Bradenton Beach Building Official Rob Perry that said, “the city then, rightfully so, unblocked the beach access path.”
Luper’s beachfront property is located south of the Seaside at Anna Maria Island Inn, which is located at 2200 Gulf Drive N. According to the Manatee County Property Appraiser’s Office, the Seaside at Anna Maria Island Inn property is owned by Tristar Properties Acquisition Prime LLC. The Florida Division of Corporations currently lists Shawn Kaleta as the limited liability corporation’s manager.
On March 31, The Sun observed backhoe tire tracks in the sand, extending from the southern perimeter of the Seaside Inn property to Luper’s property.
FDEP JURISDICTION
The beach area in question is located seaward of the Coastal Construction Control Line (CCCL), which falls under the jurisdiction of FDEP.
According to the FDEP website, Florida Statutes charge FDEP with the responsibility of protecting the beach and dune system, establishing the CCCL and regulating construction, excavation, dune vegetation removal and other activities seaward of the CCCL.
According to Florida Statute 161.041, “If a person, firm, corporation, county, municipality, township, special district or public agency desires to make any coastal construction or reconstruction or change of existing structures, or any construction or physical activity undertaken specifically for shore protection purposes, or other structures and physical activity including groins, jetties, moles, breakwaters, seawalls, revetments, artificial nourishment, inlet sediment bypassing, excavation or maintenance dredging of inlet channels, or other deposition or removal of beach material, or construction of other structures of a solid or highly impermeable design upon state sovereignty lands below the mean high-water line of any tidal water of the state, a coastal construction permit must be obtained from the department before the commencement of such work.”
ROCKS PREVENT EROSION
Some Bradenton Beach property owners and residents recall a time before the placement of those rocks on the beach, when the S-curve on Gulf Drive, in the area of 22nd Street North, would wash out during storms.
“I remember when FDEP put those rocks in the S-curve,” Ibach said. “The area used to wash out before the rocks. These rocks were never down this far; they were in the S-curve.”
Several large beach rocks were relocated in the beach areas near the Gulf Drive North S-curve and the Bungalow Beach Resort property. – Leslie Lake | Sun
In her email to Perry, Luper wrote, “When I was very young, visiting Anna Maria Island, the S-curve road next to our rental property at 2108 Gulf Drive North would periodically wash out from storms and hurricanes. FDEP came along decades ago and engineered and installed an entire set of rocks to prevent erosion. These are the rocks in question today.”
When speaking to The Sun, Bradenton Beach Mayor John Chappie said he recalls flooding on that section of Gulf Drive prior to the placement of the rocks. He said the rocks have been an effective barrier.
ROCKS MOVED
In her letter to Perry, Luper said that following the 2024 hurricanes, a “major developer” moved the rocks using a backhoe during the night. She said rocks were placed east to west between the Seaside property and her property, extending from near the roadway toward the waterline and “effectively expanding and enhancing their usable beach area.”
Luper noted she discovered the rocks that had been moved from the beach and remained directly in front of her property, obstructing beach access in that location.
“We reopened the path once more and it remained accessible until yesterday, March 31st, 2026, when it was blocked again,” Luper stated in her April 1 email to Perry.
“These rocks were installed by FDEP and are owned by FDEP for erosion control and are not private property of the major developer and should not be moved around by him,” Luper wrote.
“Somehow rocks were moved around on the beach, at the end of 22nd Street,” Mayor John Chappie said at an April 2 city commission meeting. “Two property owners are part of this mix: Mr. Kaleta’s involved, and Miss Luper.”
Chappie said there was not much he could say about the matter, as it is still under investigation.
“The matter is being investigated by Rob Perry and Evan Harbus,” Chappie said. “They’re gathering information from all involved at this time and there’s not a whole lot I can say. You will be reading about it in the paper.”
Chappie said Perry is taking the lead on the investigation and has notified FDEP.
“There is a meeting that is scheduled with DEP,” Chappie said. “They will be here on-site with all the parties involved. City staff will be part of the meeting. It’s not open to the public.”
According to Chappie, the meeting with FDEP is scheduled for Wednesday, April 8. On April 9, Chappie, city staff and the city attorney will meet privately to further discuss these matters.
BRADENTON BEACH – A concrete patio overlay and a fence were installed at the rear of Salt Bar & Table restaurant property without the required permits, according to the city’s building department.
Located at 2519 Gulf Drive North, Salt Bar & Table restaurant is owned by 2519 Gulf LLC, a limited liability corporation that lists Shawn Kaleta as its manager.
On March 31, Bradenton Beach permit clerk Jodie Stack told The Sun there was no record of permit applications submitted for the work. On that date, however, The Sun observed someone working on the fence.
This person was seen working on the fence at Salt Bar & Table on March 31. The city says there were no approved permits for that work. – Leslie Lake | Sun
Stack stated that the only permit application received recently for that property was on March 18, when an application was submitted for a “gabled carport-type structure,” but she said that permit had not been approved.
In an April 1 email to The Sun, Bradenton Beach Building Official Rob Perry said the fence repair and replacement and the concrete patio both required city-issued permits. Perry said a fence permit is required for repairs over eight feet in length. He said Salt was notified of the permitting requirements.
Mayor John Chappie addressed the permitting issue during the April 2 city commission meeting.
“It’s being investigated by Rob and Evan (code enforcement officer Evan Harbus) and they’re gathering information. That’s all I can say right now,” he said.
Chappie said he, Perry, Harbus, City Attorney Erica Augello and Police Chief and Public Works Director John Cosby will discuss Salt’s permitting issues during a private staff meeting on April 9.
“We’re going to be talking about it on April 9th and going to see what the city is going to have to do. We’re going to get this figured out. Something has to be done,” Chappie said.
After the Thursday, April 2, evening commission meeting ended, The Sun observed the fence door to Salt’s patio was open and there were people seated in the patio area and were apparently being served.
The patio at Salt Bar & Table was open on April 2, with diners apparently being served. – Leslie Lake | Sun
BRADENTON BEACH – The owners of the Pines Trailer Park have applied to the city to subdivide the mobile home park into two separate parcels.
“They did put in an application for a lot split which was rejected,” Building Official Rob Perry said during the March 19 city commission meeting. “They can’t do a lot split. There’s an old plat there. We have five mobiles on each lot in the old plat.”
It’s unclear from the Jan. 30 lot split application exactly what the owners’ future plans are for the 86-unit mobile home park. The application shows the park’s present zoning classification as M-1 (mobile home use). The future land use category is listed on the application as “ROR (retail/office/residential) and Commercial (split).
“It’s going to go from M-1 (mobile home zoning) to something, but I’m going to put a question mark on that,” Perry said. “The city’s going to determine what they want that zone to be. They (the park owners) want to develop the property, and it won’t be a mobile home park.”
The lot split application was submitted by land use attorney Marshall Robinson on behalf of Pines Park Investors LLC.
“They are going to go back to their planner and submit a proper PRD (Planned Residential Development) or PUD (Planned Urban Development). It would be a major development,” Perry said. “It’s coming. There’s going to be a zoning change request and not a lot split.”
“That was always going to be a rezone request when Kaleta’s group bought that property,” Commissioner Debbie Scaccianoce said. “They bought it with the intention of doing a rezone request within five years.”
Developer Shawn Kaleta was listed as the LLC/corporation manager when Pines Park Investors LLC was formed in May 2023. Kaleta was also listed as the limited liability corporation’s manager in the annual reports filed with the Florida Division of Corporations in 2024 and 2025. The amended annual report filed on Nov. 3, 2025, now lists longtime Kaleta associate Sam Negrin as the corporation’s manager. Attorney Louis Najmy remains listed as the corporation’s registered agent, as he has been since the corporation was formed.
Pines Park Investors LLC purchased the 2.78-acre mobile home park from the Jackson Partnership LLC on Aug. 25, 2023. The ownership group purchased the property subject to the stipulation that it would remain a mobile home park for five years from the date of purchase.
The uncertainty about the future of the Pines Trailer Park began in 2024, after Hurricane Helene caused water intrusion into the mobile homes. That December, then-Building Official Darin Cushing informed 83 of the mobile home owners that they could repair their hurricane-damaged homes if they obtained the proper permits.
In January 2025, however, Pines Park Investors LLC notified homeowners of their decision to close the park, citing “financial challenges, resident concerns and safety and long-term viability.”
Many of the mobile home owners withheld paying their lot rent due to what they said was the continued disrepair of the park following the hurricanes. Subsequently, many of those mobile home owners were either evicted or had to turn over to park ownership the titles of their mobile homes to avoid eviction. After those titles were turned over, those mobile homes were sealed, with screws driven into the doors to prevent entry.
The Pines Trailer Park homeowners’ association filed a lawsuit against the park ownership group and the lawsuit was later settled under confidential terms.
According to Perry, there are only five to seven residents remaining in the mobile home park.
The Pines Trailer Park is mostly vacant of residents. – Leslie Lake | Sun
After the March 19 meeting, Perry said, “We’re basically going to guide them (the park owners) in the right direction and let them get a private planner to submit a new plan, which is going to need a new plat and a PRD or a PUD.”
He said a replat and a major development application is needed and there are city-owned streets that run through the park.
Perry said he does not know what the Pines owners plan to specifically do with the property.
“I’m giving them the guidance to go through a zoning review with the planning and zoning board. There’s a process if they apply for a zoning change,” he said. “My job is to educate them and get them in the right direction.”
When contacted later in the week, Negrin did not respond to The Sun’s request for comment regarding the upcoming plans for the park.
ANNA MARIA ISLAND – On Dec. 19, StayTerra Vacations filed a civil lawsuit against Jennifer Warren-Kaleta, AMI Premier Properties and 21 property-specific LLCs.
On that same day, StayTerra Vacations filed a similar civil lawsuit against Kiri Stewart, Magnolia Cottages LLC and 10 property-specific LLCs (as previously reported by The Sun).
The Warren-Kaleta and Stewart lawsuits contain similar allegations related to a $105 million business transaction StayTerra Vacations struck with Prime Business in 2024.
Filed with the 12th Judicial Circuit Court in Bradenton, the lawsuit complaint names StayTerra Vacations LLC, Prime Vacations LLC and GSP Prime Holdings LLC as plaintiffs.
The plaintiffs seek compensation for damages of not less than $9 million. The plaintiffs also seek a temporary restraining order and temporary and permanent injunctions that would prohibit the defendants from allegedly “continuing to engage in unfair and deceptive trade practices.”
The lawsuit names as defendants Jennifer Warren-Kaleta, AMI Premier Properties Inc. and 21 property-specific LLCs that include 91 Avenida Veneccia LLC, Palmetto Panama LLC, RE 106 9th LLC, 107 Maple Ave. LLC, 117 Palm Ave. LLC, 3605 Gulf Dr. LLC, 112 Palm Ave LLC, 107 Palm LLC, 3602 6th LLC, Island Savvy Ventures LLC, 209 65th LLC, 100 73rd LLC, 216 Palmetto Ave LLC, 305 Magnolia LLC, 9405 Gulf Drive LLC, 303 Pine LLC, 104 9th St. SK LLC, Gulf View Beach House LLC, 301 22nd LLC, 741 Jacaranda LLC and 307 Magnolia LLC.
The LLC associated with this property at 741 Jacaranda Road in Anna Maria is named as a lawsuit defendant. – Google Maps | Submitted
According to the Florida Division of Corporations, Jennifer Warren-Kaleta is listed as the manager and registered agent for AMI Premier Properties Inc. She is also listed as the manager for 18 of the property-specific LLCs named as defendants.
Her ex-husband, Shawn Kaleta, is listed as the manager of three of the defendant LLCs: 104 9th St. SK LLC, 301 22nd LLC and 741 Jacaranda LLC.
According to Manatee County court records, the couple finalized their divorce on Nov. 4, 2021.
The Bradenton-based Najmy Thompson law firm is listed as the registered agent for 18 of the defendant LLCs and attorney Louis Najmy is listed as the registered agent for three of the defendant LLCs.
StayTerra is represented by the Sarasota-based Williams Parker Harrison Dietz & Getzen law firm and the New York City-based Paduano & Weintraub law firm.
The Warren-Kaleta case is assigned to Circuit Court Judge Stephen Mathew Whyte.
STAYTERRA STATEMENT
Shawn Kaleta is not named as a defendant in either of the Dec. 19 lawsuits, but he is mentioned in both lawsuits. He is also named specifically in a Jan. 29 statement Dan Gagnier, managing partner of New York City-based Gagnier Communications, emailed to The Sun on behalf of StayTerra.
“Following numerous attempts to resolve these matters in good faith, StayTerra and affiliated entities have filed claims to prevent Mr. Kaleta and his close family, friends, business associates and related entities from reneging on the benefit of the bargain that was struck when they acquired Mr. Kaleta’s vacation rental property management business in September 2024.
StayTerra and its affiliated entities remain focused on delivering superior service for their homeowners and guests each and every day,” Gagnier stated.
StayTerra Vacations previously filed a similar lawsuit in Delaware.
On Sept. 30, the StayTerra Vacations LLC vs. Kaleta lawsuit was filed with the Delaware Court of Chancery, according to the www.law.com website.
The lawsuit complaint appears to be sealed, but according to the www.law.com summary, StayTerra Vacations LLC, GSP Prime Holdings LLC and Prime Vacations LLC are listed as the plaintiffs in the Delaware lawsuit.
The defendants are listed as Shawn T. Kaleta, Tri Star Properties LLC, Tristar Pd LLC, Tristar Properties Acquisition Prime LLC, Tristar Seaside Tropic LLC, 1015 Fleming St LLC, 111 Cedar Ave LLC, 171 McKinley LLC, 791 Jacaranda LLC, Anna Maria Beach Resort LLC, Bali Hai JV LLC and Coconut Beach Resort LLC,
The Delaware case type is listed as “Commercial law: restrictive covenant, trade secret dispute.”
LOCAL LAWSUIT TIMELINE
On or around Sept. 18, 2024, Garnett Station Partners (GSP), through StayTerra, closed on a transaction with the founders, owners and certain other seller entities to acquire a majority stake in Prime Business. The founders and owners of the Prime Business are identified in the lawsuit complaint as Shawn T. Kaleta and Roman Eckert.
The rental management business is referred to in the complaint as Prime Business. The complaint states the founders managed 1,100 vacation rental properties at the time of the business transaction, including approximately 130 properties owned or controlled by the defendants.
“The founders and owners of the Prime Business recognized they needed liquidity for their real estate development business,” the complaint states.
Through an Equity Purchase Agreement (EPA), StayTerra acquired the equity interests and certain other companies comprising the Prime Business for a purchase price of approximately $105 million, with $70 million in cash and $35 million in rollover equity in GSP Prime Holdings, the parent company that owns StayTerra Vacations.
The complaint notes the GSP investment firm has more than $3.5 billion in assets under its management.
The six Kaleta/Eckert-affiliated companies involved in the 2024 transaction included AMI Locals, Anna Maria Island Accommodations, Anna Maria Vacations, Siesta Key Luxury Property Rentals, Lido Key Vacations and Tropical Sands Vacations.
According to the terms of the EPA, the owners/founders of Prime Business agreed they would not compete in any way, or recruit or solicit employees or service providers for a period of five years.
“As a condition to the closing of the transaction, the founders and owners of the Prime Business delivered a Master Property and Rental and Management Agreement (PMA),” the complaint notes.
The PMA agreement granted the plaintiffs the exclusive right to collect management fees for the properties for a minimum of seven years. The lawsuit alleges the properties were transferred to circumvent adherence to that agreement.
“Less than thirteen months after pocketing the consideration comprised of approximately $105 million of cash and rollover equity, the defendants embarked on a deliberate, bad faith scheme to eviscerate the benefit of the bargain plaintiffs struck by facilitating purported transfers of the founders’ membership interest in the defendant seller-JK Property Companies that owns the Seller-JK Properties that are subject to the master PMA to defendant AMI Premier, which is ostensibly owned and controlled by defendant Warren-Kaleta,” the complaint alleges.
The complaint alleges that in each of the transfer agreements, the founders and owners of the Prime Business, “falsely represented they had the full power to transfer their interests in the Seller-JK Property Companies subject to the master PMA without obtaining the consent or approval of any other person.”
Following the transfer agreements, the defendants claimed JK Properties is no longer subject to the master PMA, according to the lawsuit complaint.
On Oct. 7, 2025, Warren-Kaleta and AMI Premier Properties received a cease-and-desist letter from the plaintiffs.
“They were undeterred by that letter and have continued to actively engage in their scheme,” the complaint alleges.
As of Monday, Feb. 2, the defendants had not filed an initial response to the lawsuit.
As of Monday, Feb. 2, Warren-Kaleta and Najmy had not responded to the Sun’s request for their comments on the lawsuit.
ANNA MARIA ISLAND – Alleging a “deliberate, bad faith scheme” related to a $105 million deal struck with Prime Business in 2024, StayTerra Vacations has filed a civil lawsuit against Kiri Stewart, Magnolia Cottages LLC and 10 additional LLCs.
Filed on Dec. 19 with the 12th Judicial Circuit Court in Bradenton, the lawsuit names as plaintiffs StayTerra Vacations LLC, Prime Vacations LLC and GSP Prime Holdings LLC.
The lawsuit names as defendants Kiri Stewart, Magnolia Cottages LLC, 48 Street LLC, 9801 Gulf Drive LLC, 224 Chilson Ave. LLC, 243 S. Harbor Dr. LLC, 518 Spring LLC, 2403 Avenue C LLC, 128 Fillmore LLC, 2210 Avenue A LLC, 103 Park Ave. AMI LLC and 6548 Sabal Dr. LLC.
Developer Shawn Kaleta is not named as a defendant, but he’s mentioned in the lawsuit and he’s listed with the Florida Division of Corporations as the manager of five of the 10 property-specific LLCs named as defendants in the lawsuit.
The lawsuit complaint says the plaintiffs, StayTerra, seek “equitable relief to enforce their agreements with the defendant Seller-KS Property Companies (Stewart’s LLCs) and to recover damages to compensate them for the substantial losses they have already incurred as a result of the defendants’ intentional and material breaches of their contractual obligations.”
“By reason of the deceptive and unfair trade practices employed by defendants Stewart and Magnolia Cottages, plaintiffs have suffered damages in excess of $5 million,” the complaint alleges.
“The founders and owners of the Prime Business who bound the defendant, Seller-KS Property Companies, to the Master PMA (Property Management Agreement) were Shawn T. Kaleta and Roman Eckert, the ‘Founders and Owners’. One of the founders and owners of Prime Business is defendant Stewart’s romantic partner and the father of her children,” the complaint says.
“Plaintiffs respectfully requests this court enter judgement in favor of plaintiffs against defendants, award plaintiffs compensable damages in an amount to be proved at trial, but an amount not less than $5 million, in addition to a temporary restraining order, preliminary injunction and permanent injunction prohibiting the defendants from continuing to engage in unfair and deceptive trade practices,” the complaint says.
The case is assigned to Circuit Court Judge Charles Sniffen.
StayTerra is represented by the Sarasota-based Williams Parker Harrison Dietz & Getzen law firm and the New York City-based Paduano & Weintraub law firm.
The lawsuit
According to the lawsuit complaint, GSP is an investment firm founded in or around 2013 with assets under management of more than $3.5 billion.
“Garnett Stations Partners (GSP), through plaintiff, StayTerra and GSP Prime Holdings, paid approximately $105 million to acquire the outstanding equity interests in Prime and other companies comprising a vacation rental management business,” the complaint says.
“In or around late 2023, GSP identified a potential opportunity in the large, growing and highly fragmented vacation rental management industry. Eventually, in or around January 2024, GSP received an introduction to a prominent real estate developer in Southwest Florida who had founded and built a vacation rental management business comprised of six brands (AMI Locals, Anna Maria Island Accommodations, Anna Maria Vacations, Siesta Key Luxury Property Rentals, Lido Key Vacations and Tropical Sands Vacations), referred to herein as the ‘Prime Business,’” the complaint says.
At the time, Prime Business managed approximately 1,110 vacation rental properties, including approximately 130 properties that were indirectly owned or controlled by the founders of Prime Business through the defendant, Seller-KS Property Companies and certain other LLCs, according to the complaint.
“The founder and owners of the Prime Business recognized that they needed liquidity for their real estate development business and also that GSP was an ideal partner to assist with scaling the Prime Business into a national player in the vacation rental management industry,” the complaint says.
On or around Sept. 18, 2024, GSP, through StayTerra, closed on a transaction with the founders, owners and certain other seller entities to acquire a majority stake in Prime Business.
“The deal was structured through an Equity Purchase Agreement (EPA) pursuant to which plaintiff StayTerra acquired all of the equity interests in Prime and certain other companies comprising Prime Business for a purchase price of approximately $105 million – consisting of approximately $70 million cash and approximately $35 million in rollover equity in GSP Prime Holdings, the ultimate parent company that owns StayTerra,” the complaint says.
Pursuant to conditions of the EPA, the owners/founders of Prime Business agreed they would not do the following for a period of five years:
Compete with Prime Business (StayTerra)
Recruit or hire any employee, service provider or independent contractor of the Prime Business to leave the employ or cease providing service
Contract with any suppliers of Prime Business
The complaint notes each of the founder/owners of Prime Business entered into a contribution agreement with GSP Prime Holdings in which they agreed to contribute their personal goodwill that included close business relationships with customers and vendors, trade secrets and knowledge.
“As a condition to the closing of the transaction, the founders and owners of the Prime Business delivered a Master Property and Rental and Management Agreement,” the complaint says regarding 10 properties on Anna Maria Island or in Sarasota or Bradenton.
The LLC associated with this vacation rental home at 518 Spring Ave. in Anna Maria is named in the lawsuit. – Manatee County Property Appraiser | Submitted
The LLCs for those 10 properties are listed as defendants. The Florida Division of Corporations lists Stewart as the manager of 224 Chilson Ave. LLC, 48 Street LLC, 9801 Gulf Dr. LLC, 243 South Harbor Dr. LLC and 128 Fillmore LLC. Kaleta is listed as the manager of 518 Spring LLC, 103 Park Ave. AMI LLC, 2403 Avenue C. LLC, 2210 Avenue A LLC and 6548 Sabal Dr. LLC. The Najmy Thompson law firm is named as the registered agent for all 10 of the property-specific LLCs named as defendants.
The Florida Division of Corporations lists Stewart as the manager and registered agent of Magnolia Cottages LLC.
According to the complaint, the founders and owners of Prime Business granted Prime the exclusive right to collect management fees for the properties for a minimum of seven years.
“Yet less than thirteen months after pocketing the consideration comprised of approximately $105 million of cash and rollover equity, the defendants embarked on a deliberate, bad faith scheme to eviscerate the benefit of the bargain plaintiffs struck by facilitating purported transfers of the founders’ membership interest in the Seller-KS Property Companies that are subject to the Master PMA to defendant Magnolia Cottages, which is ostensibly owned and controlled by defendant Stewart,” the complaint alleges.
The complaint alleges that in each of the transfer agreements, the founders and owners of the Prime Business, “falsely represented they had the full power to transfer their interests in the Seller-KS Property Companies subject to the Master PMA without obtaining the consent or approval of any other person.”
On Oct. 7, 2025, Stewart and Magnolia Cottages received a cease-and-desist letter from the plaintiffs.
“They were undeterred by that letter and have continued to actively engage in their scheme,” according to the lawsuit.
The complaint alleges, “Defendants Stewart and Magnolia Cottages have assisted the founders and owners of the Prime Business with a ‘shadow listing’ scheme for other properties that indisputably remain subject to the Master PMA.
“Specifically, defendants Stewart and Magnolia Cottages have listed properties that are owned or controlled by the founders of the Prime Business and subject to the Master PMA on Airbnb, VRBO and other booking platforms at prices that are lower than the prices offered by plaintiff Prime,’ the lawsuit further alleges.
Stewart response
On Monday, Jan. 26, Stewart provided The Sun with a written statement that said, “We will vigorously and successfully defend against these claims. The allegations made by Prime are false, misleading and without merit. Prime is a large corporate entity attempting to bully us as homeowners and small property operators by unlawfully seeking control of properties that we own outright.
“Prime previously mismanaged these properties, and we exercised our lawful right as owners to resume control. At no time did we sign away ownership rights or grant Prime authority to possess or control our homes,” Stewart stated.
“Had Prime successfully managed the properties and generated acceptable revenue, we would not have removed them from management. Since self-managing, we have significantly outperformed Prime’s results.
“This lawsuit is a transparent and failed attempt by a Wall Street–backed private equity firm to use the court system to pressure and exploit a small, local business rather than accept responsibility for its own mismanagement,” Stewart stated.
(After this story was published, The Sun learned a similar lawsuit was filed against Jennifer Warren-Kaleta the same day.)
BRADENTON BEACH – Homeowner Bob Bolus, an outspoken critic of the city government, has delivered a notice of intent to file a $100 million class action lawsuit against the city based on allegations of fraud and favoritism toward developer Shawn Kaleta.
The letter was delivered to the city by certified mail on Aug. 14.
Bolus, who divides his time between his homes in Bradenton Beach and Scranton, Pennsylvania, has been involved in a legal battle with Kaleta since July 2021. According to the Manatee County Clerk of Court website, Kaleta has sued Bolus, doing business as Bolus Truck Parts and Towing Service Inc., for breach of contract.
Bolus’ letter reads as follows:
“To Whom It May Concern:
“Please be advised that this is a letter of notice of intent to file a lawsuit pursuant to Florida Statutes Section 768.28 (6), as a required condition precedent to maintaining a claim. As per the applicable statute, Florida’s Department of Financial Services is copied on this correspondence.
“Please consider this your opportunity for one-hundred eighty (180) days to investigate the claim and amicably resolve the matter without the need for litigation, as outlined under Florida Statutes 768.28 (6)(d). All of the facts and circumstances relied upon within my claim occurred with the previous three (3) years, fulfilling the requirement of Florida Statutes 768.28 (6)(a) and all potential causes of action are within their respective statutes of limitations under the relevant law.
“During the past year, I sent an informal complaint to The Board of Commissioners as an attempt to resolve these issues, and that complaint was ignored, so now, in order to preserve my rights, I believe I’m left with no recourse but to seek redress in Federal District Court in The Southern District of Florida.
“Due to the devastating effects of hurricanes Helene and Milton, which struck Anna Maria Island on September 25, 2024 and October 9, 2024, property owners requested “substantial damage assessments” of their properties. The assessments were largely found to determine that the cost of restoring the structure would equal or exceed fifty percent (50%) of its market value. I have copies of numerous property owners contacts with Bradenton Beach officials.
“Further, I have evidence that through political corruption and graft, Braden (sic) Beach officials have conspired with an individual, Shawn Kaleta, and any number of fictitious entities controlled by Mr. Kaletta (sic) to fraudulently determine that properties are “substantially damaged” at or beyond 50% of their market value in an unlawful agreement wherein Kaletta (sic) would then purchase and develop the properties.
“I also have a witness who is a “whistleblower” with intimate knowledge of these allegations who was dismissed because he refused to go along with what he knew to be morally objectionable.
“I further have reliable evidence of sweeping restrictions imposed on small business owners who were devastated by the 2024 hurricane season that are nothing more than a fraudulent attempt to force them out of business in a conspiracy to benefit Mr. Kaletta (sic), fictitious entities controlled by Mr. Kaleta, and local officials and their associates.
“I plan to consolidate all claims into a class action lawsuit for fraud and any and all other appropriate claims and seek damages, including punitive damages, treble damages, and all other damages allowed by applicable law in a claim for relief of one-hundred million dollars ($100,000,000.00).
“I believe fraud is apparent as there is a knowingly false material misrepresentation, made with intent to deceive, upon injured third parties who relied on that misrepresentation, had a right to rely on that misrepresentation, and were, in fact, injured because of that misrepresentation.
“Lastly, I plan to report graft and political corruption to the Florida Office of Attorney General, as what is happening is criminal, as well as civil.
“Please don’t hesitate to contact me with any questions or concerns.
“Sincerely,
Bob Bolus, Sr.
cc: Florida Department of Financial Services.”
Bradenton Beach Mayor John Chappie declined to comment on the letter.
BRADENTON BEACH – Pines Trailer Park homeowners are expressing frustration about the lack of communication as a possible park closure date looms on July 31.
A Feb. 4 email to homeowners from Fort Lauderdale-based property acquisition company The Urban Group stated in part: “As you have been previously informed, and as a direct result of the community-wide damage dealt by Hurricanes Helene and Milton, coupled with non-payment of lot rent, Pines Trailer Park is no longer sustainable as a trailer park, and must be closed, with an official park closure date of July 31, 2025.”
That email also offered homeowners some options, which included turning over title to the mobile homes in exchange for extended tenancy until January 2026 along with state statute-required compensation for abandoned units.
Several Pines homeowners have told The Sun that there has been no confirmation of the closing date either from park owners or The Urban Group.
Pines Homeowners Association President Neil Lind told The Sun on July 2 that the attorneys for the HOA and Pines owners Pines Park Investors LLC are currently “in negotiations” but said he was not authorized to elaborate.
“I have not heard a thing,” Pines homeowner Mary Mox stated by text on July 3. “No one is talking.”
The Sun emailed Sarasota-based Attorney David Fredericks of Anderson, Givens and Fredericks P.A., who represents the HOA, for comment about the park closure on July 2, but did not receive a response.
The HOA filed a lawsuit in March in part to stop park closure and evictions. Park owners made a motion for the dismissal of that lawsuit. A hearing is scheduled on the motion on Monday, July 28.
Pines homeowners react to park closure
Debbie Bouts’ family has a long history with Pines Trailer Park. Her grandparents bought into the park in the 1970s and her parents traveled from Ohio to spend five months there each year for many years.
She said after the 2024 hurricanes, they drove two days from Ohio to replace floorboards in a unit with no electricity and hired someone to clean the trailer out.
“He’s (Shawn Kaleta) keeping us hostage in a way,” Bouts said. “I think this was the perfect storm for him to have the land grab. He was able to take it over. This is breaking our hearts, it’s such a part of the community and he has taken so much from us.”
Bouts is concerned that when people see the current unkempt condition of the park, they will think the homeowners didn’t care.
“We have tried to do a lot even without electricity and plumbing,” she said. “There are a lot of us who are willing to fight for what’s ours.”
Bouts said she would like a decision on the future of the park to be made soon.
“We’ve paid rent for a year on a place we’re not able to use and we can’t get an answer,” she said. “Our dream is to get our place back. There weren’t any services and we’ve been paying over $1,500 a month. We should have the basic amenities. This is a perpetual whirlpool I find myself in.”
Lorraine D’Agostino and her husband purchased a trailer in the park in 2020 as a vacation getaway from their home in New York. She has a flight booked at the end of July in case the park closure necessitates cleaning out their unit.
She said she would like to say to Kaleta, “Why couldn’t you be honest and communicate with us? If you had really sat down with us and talked to us, you would have gotten a response.”
Another Pines homeowner, who asked not to be named, wrote the following in a text to The Sun which reads in part: “For decades, Pines Trailer Park has been a safe haven – a quiet, close-knit community nestled in the heart of one of Florida’s most picturesque coastal towns. Generations of families have called this place home, with neighbors watching out for one another, sharing tools, memories and a deep-rooted sense of belonging. But today, that spirit is being tested like never before.”
The homeowner described a change in tone after Hurricanes Helene and Milton and wrote that 80 families were left waiting for clarity and guidance, but instead heard silence.
“Nothing from Mr. Kaleta, the man behind the LLC that now owns our park. Nothing from his investors. Just cold legal notices and whispers of evictions and threats.”
The homeowner said local municipalities seemed paralyzed to challenge Kaleta and seniors on fixed incomes in the parks don’t have the resources to fight back.
“When the new owners bought Pines Trailer Park, we understood that the sale contract included a stipulation: the park was to remain a mobile home community for five years. That was our safety net, our lifeline. And now it seems it’s being ripped away. Is anyone listening?
“Pines Trailer Park isn’t just land. It’s our home. It’s our history. It’s the place where our neighbors became family. We are not just property to be bought, bulldozed and sold off to the highest bidder. We are 80+ families and we deserve to be heard.”
That homeowner said on July 2 that he was told by The Urban Group that no lot rent payments would be accepted after July 31, as more than 80 homeowners wait for official confirmation of a closure date.
BRADENTON BEACH – Rained-soaked eviction notices taped to trailers and littering the ground at the Pines Trailer Park, along with screws driven into some front doors to prevent entry, have effectively turned what was left of the 86-unit park into a ghost town.
At age 92, Pines resident Helen Hynes expected to repair her 39 Laverne Drive home after Hurricanes Helene and Milton last year and live out the rest of her life there, but instead, she is one of many park residents who have been served eviction notices.
Hynes spoke to The Sun on June 14 at the Pines trailer home of her daughter, Suzanne Hynes, where the two currently reside.
“It’s been really difficult. Emotionally, it’s been horrifying. That was my permanent home,” Hynes said.
“I’m so disappointed. We had a beautiful community here. Everybody knew everybody. Everybody for the most part got along. There were little ruffles here and there, but it was family. If something happened, it got taken care of in the community. We had holidays here; we had birthdays here. We celebrated everything in the clubhouse. Anything you needed happened within this little community. And all that was destroyed,” she said. “It was taken away by the floods and the storms but also by the heartlessness, absolute heartlessness of Shawn (Kaleta, park manager). And there was no consideration whatsoever of this as a community and people in this community. Only for the land and what’s the value of the land and property. It’s very sad.”
Helen Hynes became a Pines Trailer Park resident in 2013. – Leslie Lake | Sun
Hynes moved to the Pines Trailer Park in 2013 from Marblehead, Massachusetts and described how she fell in love with the area.
“My son moved to Sarasota and we came to visit him there,” she said. “The next time we came, we rented a place on Gulf Drive and that was it for me. My daughter and I walked up here (to the Pines) and I said, ‘I could live here.’ It was such a beautiful little community.”
Hynes and her daughter are among the few who remain at the park.
“We don’t have anybody here. Quite a few people have turned over their deeds (to owners Pines Park Investors LLC),” Hynes said. “I don’t understand that at all.”
Legalities
More than 24 eviction notices for non-payment of lot rent from park owners Pines Park Investors LLC were filed in the 12th Judicial Circuit Court at the rate of several new notices each week since April. Hynes was served on May 13.
Legal notices are taped to the door and litter the ground around a trailer at the Pines Trailer Park as more than two dozen residents have been served eviction notices. – Leslie Lake | Sun
In her response to the notice, Hynes submitted a letter to the court which stated in part, “My name is Helen Hynes and at 92 years old, I am the oldest resident of Pines Trailer Park. My primary residence has been at 39 Laverne Drive for the past 13 years. I want to address my reason for withholding the rent for #39 of late.
“At 39 Laverne I depended heavily on the park facilities, the clubhouse, the laundry machines and the parking lot particularly. Some (attorneys) have told us to withhold rent due to the almost complete lack of care and upkeep of the park and some have advised us to pay the lot fee in spite of the abandonment of care.
“I think, if I knew I could afford to, I would keep our lot rent up to date and not risk losing my home and investment. I would, ideally, love to move back into my own home and stay there for the rest of my life, but given what’s happening, I’m not sure it’s wise to spend the balance of our money in a place where, not only would it be unreasonable to try to live, but where someone with much larger means is intent on trying to force us out.”
On June 5, the court denied setting a hearing time for Hynes stating, “No legal defense was raised. While the court is not unsympathetic to the hardships that may have led to the defendant falling behind in rent, since the defendant has not timely deposited rent, the plaintiff is entitled to an immediate default. Further, while the defendant lists a variety of non-compliance issues with the landlord, she attaches no documentation in support of any potential notice of withholding rent as required by Chapter 83, F.S. Any delay must be sought through the plaintiff.”
Some Pines residents have told The Sun they withheld lot rent payments for a number of reasons, including disrepair of the park and amenities following the hurricanes, unfulfilled assurances made by Kaleta in October and uncertainty about the park’s continued existence.
On Jan. 4, residents were informed that the park would be closing, with an anticipated closure date of July 31.
Feeling abandoned, betrayed
Hynes said after the hurricanes last fall, residents felt they had been left on their own.
“We did not see one person here (from the LLC) after the hurricane,” she said. “No laundry facilities, no clubhouse, nothing. Nobody was here. We knew we were abandoned.”
“I think Brien (former park manager Brien Quinn) called people to come move some stuff – refrigerators and stoves and mattresses – that were rotting in the street. He did what he could.”
Some of the trailer doors at Pines Trailer Park have been screwed shut. – Leslie Lake | Sun
Hynes said that park residents had two meetings with Kaleta and his representative, Sam Negrin, in October.
“We met a couple of times in October at Salt,” Hynes said. “Right after he (Kaleta) said people didn’t have to pay lot rent, that changed immediately. Two meetings at Salt, then quiet, then the parking was taken away. Nothing was the truth, nothing was ever said that you could rely on as factual.”
Ryan Pfahler, a Pines homeowner of three units, has also received eviction notices, and was at the October meetings.
“Shawn Kaleta said at that meeting, ‘Right now, I’m not collecting rent. If the park is usable, pay rent, if not then don’t,’ ” Pfahler told The Sun on June 12.
Pfahler said he felt the entire situation was intentional.
“That was a set-up,” he said. “First we were told don’t pay rent, then they closed the parking lot and made it public parking in December because they said they weren’t receiving rent and now we’re getting sued for not paying rent.”
Pfahler said Pines residents were waiting for confirmation that the park would remain open but said there was no communication until residents were told in January that the park was being closed at the end of July.
“There was no communication, nobody knows what to do,” Hynes said. “Suzanne pays our lot rent here, but we don’t know what’s going to happen next. You really feel at this age you should be settled into a peaceable life.”
Lawsuit pending
The Pines Homeowners Association filed a lawsuit in March against the LLC in part to stop the park closure and evictions. Pines Park Investors LLC filed a motion to have the lawsuit dismissed and a hearing on that motion is scheduled for July 28. At a recent Bradenton Beach city commission meeting, Negrin said the LLC consists of approximately 15 investors.
Hynes said she and her daughter will likely move somewhere off the Island.
“It won’t be on the Island. If we had those kind of resources we wouldn’t be living in a trailer park,” she said.
She said her personal belongings are still in her trailer.
“I understand that after the eviction notices, the places have been locked up,” adding that she thought her trailer was still accessible.
Plans for the park after July 31 have not been disclosed, but Pines resident Joe Klingler told The Sun on June 14, “There were a couple of guys walking around here with clipboards a couple of weeks ago. I asked them what they were doing, and they said they were here to prepare bids to either demolish or drag some trailers out.”
The Sun requested comment regarding any plans to remove structures at the park from a Pines Park Investors LLC representative, but did not receive a response.
BRADENTON BEACH – Here is a timeline of events that have transpired at the Pines Trailer Park since Hurricane Helene struck last fall.
2024
On Sept. 26, storm surge from Hurricane Helene caused water intrusion into the 86 Pines Trailer Park mobile homes.
On Oct. 17, city building officials said that FEMA guidelines related to hurricane-related water intrusion would classify the properties as having major damage. Pines residents were told that FEMA regulations state that if the cost to repair a mobile home to its pre-storm state is 50% or more of the structure’s value, then the entire structure must be brought into current floodplain compliance. The city’s floodplain ordinance requires mobile homes to be elevated to 12 feet.
On Oct. 29, fire code and setback regulations were outlined by West Manatee Fire Rescue District Fire Marshal Rodney Kwiatkowski, who stated that all new mobile home installations must follow setback guidelines between structures.
At a Nov. 7 Bradenton Beach city commission meeting, Pines Park Investors LLC manager Shawn Kaleta said, “The units obviously took on water. There are fire separation issues, there’s mold, there’s structural stability, there’s elevation of the buildings, there’s all these questions. I’ve made a commitment to the residents from our side to keep the park there whatever it can be inside the code. I think that’s a vital part of the community, having residents and having everybody in that community as it exists. I think it’s an important piece of the community to achieve that.”
On Dec. 9, Pines residents received good news from then-City Building Official Darin Cushing when 83 of the 86 Pines Trailer Park owners received a notice from the city that they could repair their hurricane-damaged mobile homes with the proper permits. Some residents remained hesitant to move forward with repairs, however, saying questions about the Pines ownerships’ intent for the park were still unanswered.
“We previously provided you with a notice that your property may have been affected by flooding due to Hurricanes Helene and Milton, and that a second, more thorough inspection would be performed to gather data critical to making a formal determination as to whether the cost of repairs necessary to restore your building to its pre-damage condition might rise to an amount constituting ‘substantial damage’ as defined in the City’s Flood Damage Prevention Ordinance 21-538,” Cushing’s letter stated. Following the results of that second inspection, and with a review of the data, as well as a review of the property values, repairs could be made with the applicable permits, according to the letter. “The data suggests that costs to perform repairs and restoration will not constitute a substantial damage repair,” Cushing’s letter stated.
In early December, the parking lot for Pines Trailer Park residents at 201 First St. N. was converted into a public paid parking lot without notice to residents. Pines residents who required parking had paid $750 per year to park in the lot. A representative for Pines Park Investors LLC told The Sun that residents could continue to park in the lot until Dec. 31 and said a letter would be going out.
2025
On Jan. 4, Pines Park Investors notified homeowners of their decision to close the park. The reasons given were financial challenges, restoration and compliance, resident concerns and safety and long-term viability.
In a Jan. 27 letter to the Pines Trailer Park HOA, park ownership offered to sell the mobile home park to the residents for $75 million. Pines Park Investors LLC had purchased the 2.78-acre waterfront mobile home property on Aug. 5, 2023 from The Jackson Partnership LLLP for $16.25 million.
The Pines Trailer Park Homeowners Association filed a lawsuit on March 28 against park owners Pines Park Investors LLC asking in part for an injunction against the park closure and threatened evictions.
Pines Park Investors LLC filed a motion for the court to dismiss the lawsuit filed against them in March by the Pines Trailer Park Homeowners Association. A hearing on that motion is scheduled for Monday, July 28.
BRADENTON BEACH – A July 28 hearing is scheduled for a judge to decide on a motion filed by Pines Park Investors LLC to dismiss a lawsuit filed against them by the Pines Trailer Park Homeowners Association (HOA).
The July 28 hearing will be held at 2:30 p.m. via Zoom video conferencing with Circuit Court Judge Edward Nicholas presiding.
The Pines Trailer Park Homeowners Association filed the lawsuit on March 28 in the 12th Judicial Circuit Court, asking in part for an injunction against the park closure and threatened evictions.
Represented by Sarasota-based attorney David Fredericks, the lawsuit claims park ownership failed to comply with state law which rendered the park closure as invalid. The suit also alleges park ownership failed to fulfill its obligations in good faith, did not maintain the park’s common areas and did not provide adequate parking in accordance with the city of Bradenton Beach’s land development code.
Representing Pines Park Investors LLC, Davie-based Attorney Shawn Arbeiter, filed a 25-page motion to dismiss on May 5 that laid out the ownership group’s reasons for the dismissal request
The motion to dismiss maintains the evictions and park closure were done in accordance with Florida Statute 723, which governs mobile home parks.
The motion claims the HOA does not have authority as a properly formed HOA to represent all the Pines homeowners.
The motion states the Right to Purchase notice given to homeowners to purchase the mobile home park for $75 million complies with state statues.
BRADENTON BEACH – Mayor John Chappie took swift action to halt a beachfront resort company’s short-lived efforts to designate public parking spaces at the 23rd Street North beach access point as parking reserved for resort guests only.
Owned by the city of Bradenton Beach, the public beach access point and its 10 public parking spaces are located at the west end of 23rd Street North, between the Seabreeze at Anna Maria Island Inn (2300 Gulf Drive N.) and the Seaside at Anna Maria Island Inn (2200 Gulf Drive N.).
The city of Bradenton Beach owns the beach access and public parking spaces at the west end of 23rd Street North. – Joe Hendricks | Sun
According to the Manatee County Property Appraiser’s Office, Tri Star Properties LLC owns both resort properties that share the Anna Maria Island Inn branding. Dated April 28, the LLC’s Florida limited liability company annual report lists attorney Louis Najmy as the corporation’s registered agent, Daniel Zoller Jr. as an authorized person and Shawn Kaleta as the manager.
A visit to the 23rd Street North beach access point at approximately 11:00 a.m. Thursday morning (May 22) revealed six guest only parking signs placed on private property in close proximity to the 10 city-owned public parking spaces.
The blue and white signs said, “Seaside Resort & Spa Prime Hotels PARKING ONLY. All vehicles without a visible parking pass will be towed at owner’s expense.” The signs also referenced Manatee Towing and the towing company’s phone number.
These guest only parking signs were still standing late Thursday morning but were removed a short time later. – Joe Hendricks | Sun
Photographs, comments and questions about the resorts’ new self-imposed parking restrictions appeared on Facebook earlier this week.
In June 2022, The Seabreeze at Anna Maria Island Inn tried to impose similar guest only parking restrictions at that location but the city quickly put an end to those efforts. It was stated back then that resort guests can park in the public beach access spaces but the spaces cannot be reserved for resort guests.
Signs removed
The new guest only parking signs were removed by resort personnel early Thursday afternoon. When speaking to The Sun an hour or so later, Mayor Chappie said he first noticed the new signs on Monday or Tuesday and he then contacted Police Chief John Cosby and City Attorney Ricinda Perry.
“I was very disappointed,” Chappie said. “We’ve been getting calls and we were hesitant to say go ahead and park there because we didn’t want anyone to have their cars towed. That’s why I wanted to get this taken care of before Memorial Day weekend started. That’s everybody’s parking.”
Chappie said when he and Code Enforcement Officer Evan Harbus arrived at the beach access property at mid-day Thursday, some resort employees were already in the process of removing the signs, as directed by resort management.
The guest only parking signs near the Seaside Resort & Spa were gone as of Thursday afternoon. – Joe Hendricks | Sun
“We made it clear this is public parking and they can’t regulate parking in a public right of way,” Chappie said. “I told them if they didn’t remove the signs we’ll end up putting bollards up; and I reminded the guys there today that these parking spaces are also counted for beach renourishment. The signs needed to come down and they took them down.”
The Seaside at Anna Maria Island Inn is located next to a public beach access. – Joe Hendricks | Sun
When asked if overnight parking is allowed in beach access parking spaces, Chappie said he wasn’t sure but he’s looking into it.
Regarding the previous incident in 2022, Chappie said, “I remember it well. They were told they can’t regulate parking in a public right of way.”
The city-owned 23rd Street North beach access provides public parking spaces. – Joe Hendricks | Sun
To report an improper or suspected improper public parking restriction, call the Bradenton Beach Code Enforcement Department at 941-778-1005, ext. 227.
BRADENTON BEACH – Pines Park Investors LLC filed a motion for the court to dismiss a lawsuit filed against them in March by the Pines Trailer Park Homeowners Association (HOA).
The HOA lawsuit filed in the 12th Judicial Circuit Court claims park ownership failed to comply with state law which rendered the park closure as invalid. The suit also alleges park ownership failed to fulfill its obligations in good faith, did not maintain the park’s common areas following the 2024 hurricanes and did not provide adequate parking in accordance with the city of Bradenton Beach Land Development Code.
The HOA asked, in part, for an injunction against the park closure and the evictions.
“This action arises as a result of defendant’s unlawful actions regarding its failure to maintain and repair the park common area amenities, its defective notice to the association and its illegal and unconscionable actions to illegally close the park and evict the mobile home owners,” according to the HOA complaint.
Post-hurricane timeline
The 86-unit waterfront mobile home park sustained flooding during Hurricane Helene last September. On Oct. 17, Bradenton Beach Building Official Darin Cushing told the homeowners that FEMA guidelines characterized any unit in which water covered the floors as “substantially damaged.” That triggered the city floodplain ordinance requiring the units to be brought up to code, which included elevation of up to 12 feet.
On Dec. 9, however, 83 of the 86 Pines Trailer Park homeowners were told by the city that they may repair their hurricane-damaged mobile homes, with the proper permits. On Jan. 4, however, the homeowners received notification from the park’s ownership group, Pines Park Investors LLC, that the park was being closed in July.
In December, the parking lot at 205 1st Street N. (which had been used for an annual fee by park residents who did not have available parking) was converted into a paid public parking lot. On April 22, residents who were up to date on their lot rental payments were notified they could park free of charge in the lot “until further notice.”
In a Jan. 27 letter to the Pines Trailer Park HOA, park ownership offered to sell the mobile home park to the residents for $75 million. Managed by local developer Shawn Kaleta, Pines Park Investors LLC purchased the 2.78-acre waterfront mobile home property on Aug. 5, 2023, from The Jackson Partnership LLLP for $16.25 million.
Owners’ response
In the 25-page motion to dismiss, Davie, Fl.-based Attorney Shawn Arbeiter laid out the ownership group’s reasons for the dismissal request. The motion maintains the evictions and the park closure were done in accordance with Florida Statute 723 (also known as the Florida Mobile Home Act), which governs mobile home parks.
“Plaintiff seeks to derail the lawful transition of the park – as a result of terrible circumstances – with invalid legal claims,” the motion states. “Pines Park Investors LLC provided adequate notice to residents and the HOA in the event of a planned eviction due to a change in land use.”
The motion to dismiss also claims the HOA does not have the authority as a properly-formed HOA to represent all the Pines homeowners.
“Plaintiff lacks standing to bring claims because plaintiff has failed to properly plead that they are a valid homeowners’ association and thus are not permitted to represent all of the Pines homeowners,” the motion states. “This error is not merely a technical oversight, it strikes at the heart of their standing to bring this case. By failing to properly plead that they have satisfied these statutory requirements, the plaintiff has failed to state a cause of action in that regard as to counts and therefore all counts should be dismissed for lack of standing.”
The motion states the “Right to Purchase” notice made to the homeowners to purchase the mobile home park for $75 million complies with the state statue.
“The statute does not say at the market price or at the fair market price. The statute simply says at the price,” the motion states. “The defendant delivered a legally sufficient notice to the plaintiff as to their right to purchase the mobile home park at the price and under the terms and conditions in the written notice.
“Plaintiff seeks to enjoin the defendant from closing the park and from evicting mobile homeowners, but the plaintiff fails to cite to any underlying claim or statute that specifically authorizes such relief,” the motion states.
The motion concludes, in part, with the following claim: “There can be no irreparable harm if very few persons are residing in Pines Trailer Park because of the damage the park has sustained; and if there are persons residing in the park, those residents are likely there without properly pulling permits from the city, which the city has required in order to reside in one of the mobile homes considered substantially damaged.”
The defendant also asked for an award of attorney’s fees and costs in defending the lawsuit.
BRADENTON BEACH – Pines Trailer Park residents came to an April 17 city commission meeting well-prepared and represented to discuss their lack of parking at the park.
At issue was the parking lot at 201 First Street, which had historically been used for free by Pines residents and was converted to paid parking in January by park ownership Pines Park Investors LLC. Nearly half of the 86 Pines residents who do not have parking at their units relied on the parking lot.
The lot was free to residents until Jan. 1, 2024 but Pines owners shut it down on Dec. 31, 2024, giving Pines residents the option to pay $750 a year for a single space.
Many Pines Trailer Park homes have no space for parking, with residents depending on the nearby parking lot. – Leslie Lake | Sun
Park owners’ attorney Stephen Thompson requested more time to make a presentation to the commission. Commissioners granted that request but also heard public comment from Pines residents, then decided to have the city planner and building official review the parking lot.
“At a minimum we would like to have a more comprehensive meeting where we get some time to make a full presentation about this parking, the history and why we feel we’re entitled to it,” Thompson said.
That request drew protests from Pines residents, and Mayor John Chappie asked for quiet in the chambers.
“If we’re going to do that, it needs to be by May 1. Otherwise, we’re waiting a whole month and that’s not fair to the Pines,” Commissioner Scott Bear said.
“I just think like Scott said we can’t wait too long,” Commissioner Debbie Scaccianoce said. “They’ve been waiting long enough. It’s a constant battle for these people and they’ve gone through a lot already and I would like to get this resolved.”
“You give us a date and we’ll be here,” Thompson said.
“Today was the day,” people called out.
Chappie read six emails into the record from Pines residents before opening the meeting to public comment. Residents asked commissioners to look at the city codes including for M-1 zoning, which requires a parking space for each mobile homeowner.
“I purchased in April 2024 with the understanding from both the seller and the park manager that I was guaranteed a parking spot. I wouldn’t have purchased my unit if I’d been informed the parking situation would be questionable. The uncertainty around the park’s timeline and this disastrous parking situation left me with no choice but to walk away from the investment of $200,000 I poured my heart into,” one resident wrote.
Prior to public comment, City Attorney Ricinda Perry left the meeting for an appointment but said she would listen to the recording.
Pines homeowner Mary Mox talks to commissioners about the parking lot formerly used by Pines Trailer Park residents. – Leslie Lake | Sun
Mary Mox said, “My husband and I bought our place in the park and were assigned a parking space. When we purchased our mobile home and were told to park in the lot.”
Mox showed commissioners her prior years’ parking passes.
“These say Pines Parking lot,” Mox said. “We would receive memorandums saying, when you arrive this fall make sure you see the manager and obtain a parking permit and any people without a parking permit will be subject to being towed away. We were allowed one vehicle per mobile home.”
“I’ve been prepared for two weeks because that’s what you told me to do,” Pines homeowner Elayne Armaniaco said. “That’s what you told all of us to do. They didn’t prepare and yet somehow or another they’re being time allowed for extra preparation.”
She said that it’s commonly known that the parking lot was assigned for Pines Trailer Park resident use.
“Everyone in this room knows that this parking lot for five decades was assigned for Pines Trailer Park for owners who don’t have parking in their units,” Armaniaco said. “Even Mr. Kaleta and all associated with the Pines Park Investors know this.”
She produced a real estate listing prior to the Pines Park Investors’ 2023 purchase that described the parking lot as part of the sale.
“That parking lot is necessary for the park owners to comply with your code, and yet there has been no code enforcement,” she said. “City Attorney Perry would have you think because this lot has historically been used for parking, that it’s OK to just disregard the tenants who were using it.
“If that’s not enough for you to recognize that a paid lot at this location is improper, then let’s ask other questions like, does it comply with code? Is it a parking facility? Does it change from ownership assigning parking to its residents to ownership making a profit as a public lot increase the intensity of its use? Of course it does,” Armaniaco said. “You don’t need two weeks to make a presentation to make that point. This is literally forcing Pines Trailer Park residents out of their homes. If the terms of the agreement between the (former owners) Jacksons and the LLC had been honored, this park would be thriving by now.
“Taking away parking is not just unjust, it’s against your own city code,” she said. “Will this governing body really vote to push out the tenants and homeowners of Pines Trailer Park? You have the opportunity and the authority to right a wrong.”
Sarasota-based attorney Nathan Reneau, who is representing the Pines Park Homeowners Association, read a letter from the HOA president.
“Many residents have transferred their deeds to the Urban Group that Pines Trailer Park investors have retained to manage eviction processes. Why have they done this? Because they have nowhere to park their vehicles. And they have stated to us, their HOA, they have no choice but to surrender their deeds,” Reneau read.
“Historically and traditionally the parking lot at Pines Trailer Park has been part of the residential parking,” Reneau said. “The code for trailer parks is M-1, which requires one parking spot per trailer. Without the parking lot across the street, the trailer park itself is outside of code.”
Reneau said it appears that the current strategy of Pines Park Investors is to drive out residents by removing their parking.
“Pines Trailer Park is not closed yet and there is an active lawsuit against Pines Park Investors,” Reneau said. “If it’s successful, the parking lot will continue to be needed as part of the park. Currently it is zoned as C-1, which does not allow for a standalone parking lot, but it does allow for residential use and trailer park. Without this being made available for use by the trailer park residents, it’s a code compliance issue for the park, and the owner needs to be made to shut down the paid parking use and make it available for use by the park to meet those M-1 zoning requirements.”
Pines Park Investors LLC representative Sam Negrin defends the conversion to paid parking in the lot that was formerly used by Pines Trailer Park residents. – Leslie Lake | Sun
Sam Negrin, a representative for Pines Park Investors, said, “Upon our acquisition of the trailer park we were told from the sellers, the agents and park manager that every single trailer lot came with parking. The ones who do not have parking because they, I don’t want to say the word, but illegally built lanais.”
Pines residents reacted in protest to Negrin’s comments.
“I’m not standing here saying that’s 100% accurate, from that reaction, but that is always the impression we’ve been under,” Negrin said.
Negrin said the park is governed by state statute and the park prospectus.
“The lot in the sale was addressed to us as an additional selling point, it comes with a parking lot, but is not required by the prospectus for the residents,” Negrin said. “The parking lot is not anything that’s entitled to the residents.”
“With those storms came the assumption from the residents that they don’t have to pay us anymore. Our sellers who we have the note with on the property, we still have to pay them in full every month,” Negrin said. “At the end of the day we’re a business just like any other business; we need our income to continue running it. That is why we had to change the parking. This is a business. We aren’t a charity.”
“Let them rebuild so they can pay you,” Danielle Armaniaco said during her public comment.
“The evidence shows in fact that it was Pines parking, but aside from that, I don’t understand how we’re allowing that paid parking to operate today,” Bear said. “I’d like to understand how we’re not enforcing the code violation.”
Scaccianoce characterized Negrin’s claim that the parking lot was unrelated to the trailer park a “failed argument.”
“As professional as all these investors are, I find it extremely difficult that they never saw the sign that said Pines Trailer Park parking on that lot when they were deciding to buy the property and they took the word of the Jacksons saying, ‘Oh, that’s just an ancillary lot, it has nothing to do with the trailer park’, when it was obviously marked before they bought it,” she said. “That should have been a red flag to Mr. Kaleta and his investment group to at least question what they had been told. I don’t remember when that parking lot wasn’t for the Pines.”
Chappie suggested a review of the parking lot by the city planner and code enforcement officer.
“Time’s running out for the Pines people and that’s not fair,” Chappie said, asking if the commission would like to wait until May 1 or take a stance right now.
“I think we should take a stance right now,” Commissioner Jan Vosburgh said.
Bear said he would like to advance it to code enforcement for a review and to make a decision about the current use of the parcel as a paid parking lot.
“There’s a pretty strong abundance of information that was never paid parking and shouldn’t be paid parking now,” Bear said. “This is a paid lot that was not approved.”
Commissioners unanimously approved a review by the city planner and building official about the use of paid parking on the site. The discussion will be continued at the May 1 commission meeting.
A GoFundMe page has been established for the Pines’ residents.
