WELCOME TO THE DEED RESTRICTIONS UPDATE PAGE

All BSI property owners should be aware that the efforts of BSIA to defend our deed restrictions and have them reinstated has NOT been resolved and continues. There are two lawsuits:

1. BSIA vs Munson – original case and appeal
2. Laurel Hansen – Peter Phillips vs BSIA

BSIA vs Munson – original case and appeal

In April of 2025, a hearing was held before a judge challenging the validity of the BSI deed restrictions. This stemmed from the resident refusing to comply with the restrictions. The judge ruled that our deed restrictions had expired in January of 2001.

In June of 2025, we requested a rehearing as the judge ruled using a previous case we believe is faulty. The judge denied the request for a rehearing. This left us with an option to file an appeal, but we had to do so within 30 days. The Board held an emergency meeting and discussed our options. It was agreed that an appeal was our best option, but we would need additional funding.

On July 24, 2025, we filed an appeal with the sixth district court.

On August 11, 14, and 19, 2025, the BSIA President, Past President, and Legal Liaison held meetings by Zoom for BSIA members and non-members. These were interactive information sessions where residents could ask questions. Recordings of those meetings are available below.

The appeal process is expected to take about a year.

(Added 11/21/2025) We achieved a milestone this week. Our initial argument was filed in the Sixth District Court of Appeals. The case, BURNT STORE ISLES ASSOCIATION, INC. v. STANLEY A. MUNSON and DIANNE MARIE MUNSON, may be found HERE. Once on this page, scroll down until you see "Brief / Initial Brief", then click on "view" to the far right. We encourage our members to read the brief which was made possible by donations to our legal fund.

(Added 03/10/2026) The situation as of March 4, 2026 is summarized below:

• The Munsons offered to file a concession with the court that they were in error challenging the deed restrictions if we would allow them to keep their roof until it needs to be replaced.
• A majority of the Board approved and felt this would get us what we want – reinstatement of the deed restrictions – and stop the bleeding of our funds on legal fees.
• Documents have been filed with the District Appeals court and Charlotte County Circuit court and we are waiting on a ruling as this case is proceeding. 
• There is a hearing scheduled in the Circuit Court for April 1.
• We don’t have any idea when the District Appeals court will issue a ruling, but need to be prepared should they request additional information or require oral arguments before the court in Lakeland. 
• The case could also be referred back to the local Circuit Court. 
• There is very little budget left to pay for any additional legal expenses.

(Added 03/10/2026) Laurel Hansen – Peter Phillips vs BSIA

The situation as of March 4, 2026 is summarized below:

• Filed by two residents and members of BSIA. In the opinion of the Board, this case should never have been filed as it seeks the same objective as BSIA: reinstatement of the deed restrictions.
• Hansen and Phillips continue to file court documents, most of which have been rejected by the court, but this is adding to our legal expenses. We have spent well over $3,000 on this case.
• They have also tried to join our original case as well as the appeal at the district level – again adding to our costs.
• This week, Hansen and Philips set a call with our attorneys and brought with them another BSI resident and not a member of BSIA for legal advice. During the call our attorneys tried to explain that this case was doing nothing but costing BSIA money and suggested that they drop the case, but Hansen and Phillips indicated they will continue the lawsuit.
• Our attorneys have asked that BSIA release them from this case to keep us from incurring more costs. By law, the court will not allow them to abandon the case. We as defendants need to release them.
• A majority of the BSIA board also believes we should do so.
• If this case continues and BSIA is required to respond, there will be no funds for anything in BSI, landscaping, events, camera maintenance, picnics, etc., as we will need to divert those funds to pay needless legal expenses.

We encourage residents to contribute to our  fund-raising effort to support the preservation of our deed restrictions. Please make your check out to Burnt Store Isles Association. Write Deed Restrictions Lawsuit in the comment field. Checks can be delivered to the home of our treasurer, Maureen Martin, 3648 Tripoli Blvd. or mailed to: Burnt Store Isles Association, P.O. Box 510956, Punta Gorda, FL 33950-0956.

• (Updated 02/10/2026) Thus far, we have raised $51,645 toward our goal of raising $75,000. Thank you!