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In July of 1997, petitioner purchased his first condominium
unit at The Summit condominium resort (Summit) in Panama City,
Florida. In December of 1998, he purchased a second unit at the
same location. Petitioner's two units, 518 and 519, adjoin.
Petitioner installed doors that allowed inside access from one
unit to the other. Each unit contains 912 square feet of living
space and sleeps 6 people. The average rental period for both
units was more than 7 but less than 30 days.
The Summit owners association handled the maintenance and
upkeep of the building exterior and common areas, including
swimming pools, hot tubs, exercise equipment and sauna areas,
tennis courts, beaches and beach chair rentals, restaurants,
parking, and collecting and removing trash.
A separate entity, Advisors Realty (Advisors), operated an
on site rental agency that rented units to the public and
provided ancillary services for owners under an agreement
providing for a 30-percent commission. Advisors provided
accounting services, advertising and promotion, cleaning
equipment and supplies, an inspection prior to return of the
damage deposits, and an annual inspection and inventory.
Advisors also received in 2000 a separate cleaning charge of
$40.751 after each owner's or owner's guest's use of a unit. The
1Evidence in the record indicates that this charge was later
increased to $65.
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Last modified: May 25, 2011