That matters because the condo board for the Ritz-Carlton Residences — a developed block in the 14.7-acre waterfront district on Sarasota Bay — has opposed a new project called One Park Sarasota after the developers sought to build condo units above the main private road running through the center of the development.

The Ritz-Carlton residents' arguments center on covenants in a master declaration that applies to all owners in The Quay requiring the developer to turn over common areas to a master association that represented all the owners in The Quay. That would include the air rights over Quay Commons, which would mean the One Park Sarasota condominiums could not be built as currently designed, even as the project has sold at least 60% of its units.

The developers of the Quay and One Park Sarasota have argued the air rights over Quay Commons were never part of the common elements in the project and that common areas have not been transferred to the master association because they are not yet developed.

Quay 1 and 9 LLC, the developer of One Park Sarasota, brought the legal action leading to the trial after a Sarasota city attorney sent a letter indicating the project's development application needed to resolve the conflict with the Ritz-Carlton's condo board, setting off costly legal jockeying.