Condo group sues property owners in lien dispute

By Carol Ostrow | Mar 23, 2015

A Galveston County organization brought suit against two companies for alleged breach of contract in a payment disagreement.

Emerald by the Sea Condominium Association filed against Four Seasons Realty Inc. and Four Seasons Food Distributors Inc., of Houston, on March 11 in Galveston County District Court, claiming breach of a contract first drafted in 2007.

Originally a business entity called 500 Seawall I Ltd., at 500 Seawall Blvd. in Galveston, entered into an amended parking and access easement with condominium developer Emerald Tower Ltd., on Oct. 10, 2007, which allowed people visiting the property to use the parking garage.

According to the agreement, 500 Seawall was to pay 50 percent of the garage expenses. After the property was acquired by Four Seasons Food on July 18, 2011, the property transferred to Four Seasons Realty via a special warranty deed on Aug. 18, making the defendant the new and current owner, court documents state.

Emerald by the Sea maintains that both defendants are now obligated to pay 50 percent of the costs to maintain and operate the condominium association’s parking garage. According to court documents, they have refused to pay and owe more than $400,000 to date. Consequently, Emerald by the Sea filed a statement of lien against the 500 Seawall Property on Dec. 10, 2014.

The plaintiff seeks a judicial foreclosure of lien; compensation for past operational expenses, plus interest; attorney’s fees; expenses; and costs. The association is represented by Andrew Mytelka, Stephen Schulz and J. Scott Andrews, of Greer, Herz and Adams, Galveston.

Galveston County District Court, case no. 15-CV-0246

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