In February of 2013, the TOPS’L Master Association Board of Directors began a review of its policy regarding the appropriate utilization of the Beach and the Beach Service. In so doing, they received input from numerous individuals including owners, guests, Dolphin Beach Service (our contract vendor) and other resort beach service vendors in Walton and Okaloosa, Counties. Each of these individuals represented diverse points of view which broadly fell into two categories: (1) those who rent set-ups from the Dolphin Beach Service, and (2) those that provide their own set-ups. Further, each of those general categories was subdivided into owners and guest. As you might expect, those willing to discuss such issues are generally passionate about their position and the Board fully appreciates that passion. As such, the Board attempted to reach a balance between such views and perspectives and in so doing has concluded that our current policy, as slightly modified and clarified, establishes a satisfactory balance between competing points of view. This decision was reached after taking into consideration both the pros and cons of our current policy as well as the policies of other Resorts in the area.

One of the more interesting outcomes of the review, however, was the various misconceptions and misunderstandings of our owner/members relative to the ownership and control of the TOPS’L Beach. In fact, some owners have mistakenly indicated that they did not have to abide by certain established beach policies because they had “deeded beach access” or that they had a “fee simple interest” in the beach by virtue of the ownership of their unit. Unfortunately, neither statement is accurate. As such, the Board felt that it would be both beneficial and timely to our owner/members to provide a more factual basis of information regarding the history of the TOPS’L Resort.

The TOPS’L Beach and Racquet Club, as it is known today, has a very deep and interesting past. The tract of land on which TOPS’L currently rests was originally part of a patent deed from President Calvin Coolidge to Rawlie and Gertrude Harrison dated October 13, 1927. After passing through several owners the subject property which includes the current Four Mile Village, TOPS’L and Sandestin was sold on May 1, 1948 to Four Mile Village, Inc., our current neighbor to the east. Subsequently, the parcel which is now Sandestin was sold by Four Mile Village and the current TOPS’L track was reportedly the commission paid on that transaction. On March 17, 1982 the TOPS’L tract was purchased by Topsail, Ltd. the original developer of the TOPS’L Beach and Racquet Club.

TOPS’L, Ltd. was owned by Eddie and David Clark from Dallas, Texas. It was their dream to create a residential-commercial-resort community along Florida’s Emerald Coast and on September 20, 1983, the Declarations of Covenants, Conditions and Restrictions for the TOPS’L Master Association were recorded in the public records of Walton County. In April of 1984, TOPS’L Ltd. conveyed to the TOPS’L Master Association four parcels within the TOPS’L Resort. Included in that conveyance was a parcel which is generally described as the “dry sand area” seaward of the Coastal Control Line and landward of the “mean high water mark” of the Gulf of Mexico or more commonly referred to as the beach. Consequently, the TOPS’L beach area is owned and governed by the TOPS’L Master Association, Inc. and utilization and safety of this area is the sole responsibility of the TOPS’L Master Association, Inc. through its Board of Directors.

The Board is providing this information in the sincere hope that it will clarify our member/owners’ rights and obligations in the beach. In addition, we are making a most humble request to our membership to honor and support policies as established with regard to the use and enjoyment of the beach area.