Residents of The Palms of Destin condominium complex, who have been without cable and Internet service since Monday, were in court Wednesday to keep developer Damon Becnel from shutting off any more amenities.
He had also threatened to shut down phone service, access to the resort’s pool, fitness center and garage if the condominium complex homeowner’s association didn’t pay outstanding dues.
The homeowners were seeking an emergency injunction to stop him.
Circuit Court Judge John Brown ruled against them.
He said that while a homeowner challenge could well prevail in a civil suit, the association attorneys had not convinced him that a failure to issue the injunction would cause condominium owners “irreparable injury.”
“There is an adequate remedy of law. The association can continue to make payments,” Brown said.
Homeowners dispute the amounts Becnel is charging them and what they call his arbitrary raising of fees for basic utilities.
“He’s not acting in good faith. Things happen quickly without notice,” said Deborah Tonguis, who owns four units at The Palms, adding that she’d lost a tenant due to increasing fees and failing service.
“I’ve just watched that beautiful place go down,” she said.
Becnel denied the association members’ accusations. He said fees are increased at about 2 percent annually and “the (resort’s) club has hemorrhaged money.”
“We haven’t even asked for reciprocation of our losses, we’re just trying to protect ourselves from losses in the future,” Becnel said. “They’re looking a gift horse in the mouth.”
Contact Daily News Staff Writer Tom McLaughlin at 850-315-4435 or tmclaughlin@nwfdailynews.com. Follow him on Twitter @TomMnwfdn.