NASSAU, BAHAMAS — A long-running legal battle over control of the Lucayan Towers South Condominium has reached its conclusion, as a Supreme Court judge has ruled in favor of the 2005 Directors, dismissing a rival faction’s claims to control the board.
The case, which has been ongoing for more than a decade, involved two factions of unit owners who each contended that they were the rightful governing body of the condominium association.
In a ruling handed down on April 11, Justice Loren Klein granted the relief sought by the plaintiffs in the Nassau Action—the board members led by Maurice Glinton, QC, who were originally elected in 2005. Justice Klein struck out the Freeport Action, which had been filed by the opposing Prudden Group and sought to establish their control of the condominium association.
The conflict began in early 2013 when a faction of unit owners, led by Douglas Prudden, convened an Extraordinary General Meeting (EGM) and claimed to have elected a new board of directors, replacing the 2005 Directors. This group, which came to be known as the Prudden Group, argued that their election was valid, and they proceeded to assume control of the association. The 2005 Directors, however, disputed the legality of the meeting, asserting that the EGM was not properly called and that the election of the new board members was invalid.
The Prudden Group, seeking to solidify their claim to power, began instructing unit owners to redirect their maintenance fee payments from the 2005 Directors to a separate account managed by Attorney Tiffany Dennison, who represented the Prudden Group. This was seen as an attempt to seize control over the condominium’s finances and gain access to the association’s bank accounts. Despite repeated efforts to access the accounts held by the 2005 Directors at CIBC First Caribbean International Bank, the Prudden Group’s actions were opposed by the original board, who remained in control of the accounts and continued to manage the association’s financial affairs.
In response to the Prudden Group’s actions, the 2005 Directors initiated legal proceedings in 2013, filing the Nassau Action to seek a declaration that they remained the legitimate and lawful board. They argued that the Prudden Group’s attempt to take control was without merit, as the EGM that led to their election had been improperly convened. In parallel, the Prudden Group filed the Freeport Action, seeking a declaration that they were the rightful board of directors, asserting that their election was legitimate.
The two cases were eventually consolidated, and over the years, the matter saw several court appearances, rulings, and appeals. The central issue—the legitimacy of the board of directors—remained unresolved for a long time, with both sides engaged in prolonged litigation. Despite the numerous legal actions, including threats of legal sanctions and continued motions to access bank accounts, no clear resolution was reached until Justice Klein’s recent ruling.
In his judgment, Justice Klein expressed his frustration with the drawn-out nature of the case, which had been ongoing since the Prudden Group’s initial claim in 2013. He remarked that it was unfortunate that the court had only now, in 2025, been called upon to resolve the matter. The judge lamented that “it is regrettable and a poor reflection of our judicial system that it just now falls to me in 2025 to cut the Gordian knot of this protracted litigation,” highlighting the prolonged nature of the legal proceedings. Justice Klein emphasized the importance of a timely resolution in such disputes, noting that the judicial process had taken far too long to provide closure. He noted the “disastrous consequences” the battle has caused, highlighting the case between the embattled Lucayan Towers South Association and the Grand Bahama Utility Company. Justie Klein recently granted six six-month stay on the disconnection of water and sewerage services for funds owed to the Grand Bahama Utility Company (GBUC)
With the ruling, Justice Klein effectively confirmed that the 2005 Directors were the rightful governing body of the condominium and that any actions taken by the Prudden Group since the 2013 EGM were invalid. He struck out the Freeport Action and awarded costs to the plaintiffs in the Nassau Action and the defendants in the Freeport Action.
