Saturday, September 26, 2009

On The Commons

You can listen to the show at :
Live Streaming is Back! Listen to On The Commons LIVE on the Internet. Go to http://www.fcac.org/webcasting/webcast.htm , click on Listen Now, choose either Real Player or WinAmp, and enjoy the show. Or go through the station's home page at www.fcac.org , click on the radio icon to get to the live webcast.
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http://www.onthecommons.com/

On the commons

Hosted and produced by Shu Bartholomew, "On The Commons" is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation.


Remember the bully in the school yard? Remember the big kids who took your lunch money, called you names and threatened to really hurt you if you so much as breathed a word to anyone? Remember the people who made fun of you and the way you dressed, spoke, walked and pretty much did anything? How about the chronologically older folks who spread lies about you and made up stories of things you allegedly were or did? Whatever happened to these people? Did they grow up and become honest, productive citizens or did they find a more permanent niche in today's 300,000 plus residential associations where they continue to bully, harass, threaten, spread rumors and generally make life miserable for their neighbors?

"On The Commons" this week we are joined by Barbara Billiot Stage. Barbara, an attorney who was admitted to the Florida bar just 2 short years ago and who represents homeowners, has seen the bad, the worse and the really ugly of what the HOA boards and their mentors are capable of doing and how these overgrown bullies have made life a living hell for her clients. Please join us "On The Commons" this Saturday, September 26, 2009. We'll hear all about some of the bizarre cases that have found themselves on her desk and find out if there is anything that can be done to put a stop to the abuses and horrors that are rampant in residential America today.

Studio number is 703-560-TALK - 703-560-8255

News Wanted please reply to lakeashtontalk@yahoo.com

Does anyone know who was renting the ballroom on Sep 10, Thursday. Please reply to this message to lakeashtontalk@yahoo.com Thanks

Bonita Bay Club members file class-action lawsuit against developer

Article Courtesy of The Naples News
By LAURA LAYDEN
Published September 25, 2009

BONITA SPRINGS — Bonita Bay Club members have filed a class-action lawsuit against their developer.

The suit was filed Sept. 22 in Lee County Circuit Court against Bonita Bay Properties and the company’s chairman, David Lucas.

The named plaintiffs are John Klocko III and Cynthia White, who both sit on the Turnover Committee that has been handling negotiations for members trying to buy their club from the cash-strapped developer.

The suit has been brought on “behalf of all members who have promissory notes issued prior to January 2004,” according to a Turnover Committee report.

The panel is supporting several legal actions against the developer, which last year stopped honoring its policy to refund the deposits of resigning members within 30 days. Members say they have promissory notes that guarantee they’ll get their money back if they leave the club.

It appears that negotiations are once again at a standstill between Bonita Bay residents and the developer after they resumed a few weeks ago.

“We have been negotiating with the Turnover Committee in good faith and as recently as yesterday provided them with an updated term sheet,” said Brian Lucas, vice chairman for the Bonita Bay Group, in a statement Wednesday about the class-action lawsuit.

“Their verbal feedback at that time was very positive so we are obviously disappointed with this development.

“With this action, they have embarked on a journey that will take several years to complete,” he said. “We question whether the majority of residents feel that this is in the best interests of their community.”

The class-action lawsuit seeks damages in excess of $100 million. The suit alleges a Ponzi-style scheme involving member deposits, which Bonita Bay Group has vehemently denied.

Other claims in the lawsuit include breach of fiduciary duty, violation of the Deceptive and Unfair Trade Practices Act, constructive fraud and unjust enrichment. It alleges that Lucas “actively participated in” and had a significant “measure of control over” the developer’s deceptive and unfair practices.

“In sharp contrast to their representations and stated ‘core values,’ defendants ignored the interests of the members, defaulted on their legal obligations, failed to fulfill their promises, and disregarded the pledge to ‘never do anything other than the right thing by our residents,’” the complaint says.

The same plaintiffs also filed an action to impose a lien on all of the golf courses and other amenities used by residents Tuesday. That would make it harder for Bonita Bay Group to sell them to an outsider.

In its latest report, the Turnover Committee says that it’s “still a long way from finding any common ground” on the purchase of the club that would be acceptable to Bonita Bay Group and its lender, Key Bank, and would be approved by a majority of members. The developer owes more than $70 million to a group of lenders, led by Key Bank.

“One of the critical issues that has not been resolved is the allocation of responsibility for providing refunds to resigned members,” the Turnover Committee said in its report. “BB (Bonita Bay) Group has reversed its previous position with respect to accepting liability for all resigned members.”

The liability could be $25 million or more for resigning members.

Bonita Bay Group says it hasn’t changed its mind about accepting such a huge liability.

“We have consistently communicated to members of the clubs and the advisory boards that any liability left behind from non-signing members would have to be minimal,” said Tim Boates, the developer’s chief restructuring officer, in a recent statement.

The Turnover Committee presented a revised offer to purchase the club Sept. 3. The offer was to pay $11.5 million in cash and surrender the promissory notes of all continuing members, with Bonita Bay Group retaining the liability of deposits paid by members who have already resigned or who would not join the new club.

The offer expired Sept. 21 and was not accepted by the developer.

Bonita Bay Group sent a new offer to the Turnover Committee on Sept. 21. In its report, the committee said it was “categorically rejected in writing” on Sept. 22. Under the proposal, Bonita Bay Group, would have created a new company that would own the assets of the club, and assume the developer’s $20 million in debt and all liabilities for members’ initiation deposits. This scenario would mean that Bonita Bay Club would continue to operate the club.

In its report, the committee said the developer’s latest offer was “even less attractive” than one made on July 7. Under that original offer, Bonita Bay Group would not have continued to operate the club.

“The members no longer have any faith in having Bonita Bay Group or New Leaf continuing to operate the club and controlling the disposition of members’ dues,” the committee wrote in a letter to Bonita Bay Group.

Despite its “profound disappointment” at the developer’s newest offer, the committee said it’s willing to continue negotiations “for a successful turnover of the club to the members.” If a purchase agreement is not reached soon, the committee said, it expects a large number of the club members to stop paying their dues or resign.

In the meantime, the committee has demanded to see the developer’s books to “verify” its “financial condition.”

“It has been evident to many that BBG (Bonita Bay Group) has been all but officially out of business for months now,” said Bonita Bay resident Art Herman, who has stopped paying his club dues.

“Their reluctance to negotiate is very clearly a stall tactic while they milk the BB (Bonita Bay) cash cow.

Thursday, September 24, 2009

From a Romanian Newspaper

We rarely get a chance to see another country's editorial about the USA

Read this excerpt from a Romanian Newspaper. The article was written by Mr. Cornel Nistorescu and published under the title 'C'ntarea Americii, meaning 'Ode To America ') in the Romanian newspaper Evenimentulzilei 'The Daily Event' or 'News of the Day'.

Why are Americans so united? They would not resemble one another even if you painted them all one color! They speak all the languages of the world and form an astonishing mixture of civilizations and religious beliefs.

On 9/11, the American tragedy turned three hundred million people into a hand put on the heart. Nobody rushed to accuse the White House, the Army, or the Secret Service that they are only a bunch of losers. Nobody rushed to empty their bank accounts. Nobody rushed out onto the streets nearby to gape about.

Instead the Americans volunteered to donate blood and to give a helping hand.

After the first moments of panic , they raised their flag over the smoking ruins, putting on T-shirts, caps and ties in the colors of the national flag. They placed flags on buildings and cars as if in every place and on every car a government official or the president was passing. On every occasion, they started singing: 'God Bless America !'

I watched the live broadcast and rerun after rerun for hours listening to the story of the guy who went down one hundred floors with a woman in a wheelchair without knowing who she was, or of the Californian hockey player, who gave his life fighting with the terrorists and prevented the plane from hitting a target that could have killed other hundreds or thousands of people.

How on earth were they able to respond united as one human being? Imperceptibly, with every word and musical note, the memory of some turned into a modern myth of tragic heroes. And with every phone call, millions and millions of dollars were put into collection aimed at rewarding not a man or a family, but a spirit, which no money can buy. What on earth can unites the Americans in such way? Their land? Their history? Their economic Power? Money? I tried for hours to find an answer, humming songs and murmuring phrases with the risk of sounding commonplace, I thought things over, I reached but only one conclusion... Only freedom can work such miracles.

Cornel Nistorescu

(This deserves to be passed around the Internet forever.) It took a person on the outside - looking in - to see what we take for granted!

GOD BLESS AMERICA!!!

Wednesday, September 23, 2009

Sick people living at Lake Ashton

If you was sitting at the cinema and someone told you to get up and get the hell out of here because we are renting the ballroom, and we need more room, you would get up and move and wouldn't say nothing. I just don't get it. This is all right? Yes, you are sick.

Association cuts resident's water pipe

Article and Video Courtesy of
MY FOX Channel 13 -- TAMPA

Reporter Tanya Arada
Published September 9, 2009

RIVERVIEW - Just how far can a homeowner's association go to get what is owed to them? A Tampa attorney is hoping to get a judge to decide that Tuesday morning in a Hillsborough County courtroom.

Sarah -- whom we're only indentifying by her first name -- lives in the Riverwalk Townhomes in Riverview. She fell behind on her association dues more than a year ago.

Sarah says she had problems financially. "Then it just snowballed. You try to catch up on one thing and you fall behind on something else."

On the 10th of August, she got a letter from her association board, saying they were going to cut off her water on the 17th. And that's exactly what they did -- not just turning off the water, but cutting the pipe.

"It's stressful and it's humiliating. Overwhelming, because you don't know how to explain it to your child," Sarah told FOX 13.

Sarah has a 10-year-old disabled child. She hasn't had water now for three weeks. She keeps gallons of water to cook with. She has filled up her bathtub with water to flush the toilet with and brush her teeth.

She heats up water on the stove and puts it in a camping shower, which she now bathes with.

The Riverwalk Townhouses share one water meter. Each owner pays a monthly fee of $275 to the association. That pays for water, cable, maintenance, and upkeep on common areas.

The association recently passed an amendment which says they have the right to go on someone's property and cut their water or cable if they don't pay their dues.

Nicki Fernandez, a real estate lawyer, disagrees. She is now representing Sarah.

"There's a deliberate action by the homeowner's association that's not only illegal, but they're trespassing on her property," Fernandez stated. "They're taking rights away from her that are under the constitution and they're also violating Florida laws."

Fernandez says, under Florida statutes, an association can suspend use of amenities like a community pool or workout room. They can also suspend their voting rights for community issues. But Fernandez says the law does not say water -- a necessity -- can be cut.

She believes the association feels they can do it because water is part of the monthly fees.

"They're bundling up the common elements and amenities in the community with specific property rights of the owner, so because they are paying the bill, that's why I believe they think they can cut off the water."

At least two other neighbors also had it cut off. One moved out; the other is also living without water.

David Walkowiak, a board-certified real estate attorney, believes the board overstepped their bounds.

"The ultimate question for the courts is whether water is an amenity or a necessity," he said, adding, "If you don't have water, you can't use the restroom. You can't take a shower. I don't know how you can live in a home without water."

But Walkowiak admits homeowner's associations are in a difficult situation. In this tough economy, more people are not paying their dues.

Sarah said she would pay if she could. She feels she's being looked at like a deadbeat homeowner.

"They don't have a clue what's going on in someone else's life. It's easy to judge because you're not in that situation."

xomreviews

Google ranks Lake Ashton only has a 3 has a retirement community. See xomreviews. I think they know all about "Do Nothing" Joe Hunter

Tuesday, September 22, 2009

Water to be shut off at Kissimmee condos

Article and Video Courtesy of
FOX 35 NEWS -- ORLANDO

By CHERLY GETUIZA
Published June 18, 2009

KISSIMMEE, Fla. (WOFL FOX 35) - A Condominium Association in Kissimmee has run out of money. Residents of the Cascades Condominiums can't use the pool, the lawn is overgrown and now, the water is expected to be turned off.

"Everybody's fed up, I'm fed up, I'm ready to leave," says homeowner Angel Bermudez.

FOX 35 visited the complex four months ago. Bermudez says things have gone from bad to worse.
"They closed the office, there's no office, if you have a problem, you can't go to the office, the laundry room is closed. Everyday it's just getting worse."

To make matters worse, on Thursday, people living there drove up to a sign warning them that the Toho Water Authority is expected to turn off their water in a few days.

"I have spoken to some people. That's what they're gonna do, they're gonna go to hotels or just leaving. Me,myself? Hotel.A board member told FOX 35, "they're basically bankrupt. They haven't been able to pay their bills."

For about a year, many homeowners stopped paying their HOA fees. Now many places have foreclosed. Out of 300 units, only 90 are still there.

"It's really like a ghost town," said Bermudez.

A lawyer told FOX 35, this is a really tough situation.

"There's basically only one thing homeowners can do. They can hire a lawyer, and ask for a receivership to have someone else come in and take care of their facility.
But even then, the remaining residents would probably have to fork over even more cash to get things back in working order.

"I'm very angry with some of these homeowners. They're the main reason it's like this. It sucks. Sucks is an understatement," Bermudez adds.

Board members say they are in negotiations with Toho Water Authority to keep the water on. We'll keep you posted on this story.

Ponds at lakeashton are eye sores.

A member of the CDD will present this and several notices to the CDD board in Sept....He thinks this has gone on long enough.
The Ponds and Lakes are EYESORES...

Residents removed from the Cinema

On September 10, Thursday 2009, the people who rented the Ballroom, decided to close the Cinema, because they need the space in the Cinema. There were 35 people who came to watch the movie, Lake Ashton residents the ones who pay for the ballroom and the Cinema, have to go back home, without watching the Movie. Today in the CDD meeting we inform Tricia and Joe Hunter (Do nothing), they say, we didn't know nothing about it. Who runs the Store, the Renters or the residents.

Joe Hunter does nothing, says nothing, and will do nothing to help. He is useless and the residents of Lake Ashton are paying him six figures to run the store. The residents of Lake Ashton are too scared to stand up against Mr "Do nothing" Joe Hunter. He just doesn't give a damn.

If you feel that who ever rented the hall has a right to throw the residents out of the Cinema so that they can have more room than you are indeed a good friend of Joe Hunter. I feel it is now time to fired Joe Hunter and get him the hell out of Lake Ashton. I can tell you right now, his work will never be miss.