Wednesday, December 31, 2008
FISHING TRIP CANCELLED, NEW DATE
Bob LeBlank fishing trip has been cancelled. Boat has engine problems. New date is Feb 10, 2009. All fisherman interested in going deep sea fishing please call Bob or sign up at the activities desk. New price will be $115.00 The fishing trip will be one hour longer. Breakfast and lunch will be serve, and they clean all your fish. What a deal. All fishermen that sign up prior to cancellation are fixed to old price of $105.00. LETS GO FISHING
DEVELOPER MUST BE LICENSED
January 1, 2009 Community Association Management firms are to be licensed. That goes as well for developers who provide management services. With the changes to 468 F.S. CAM s accept the responsibility to provide guidance and direction to an association and indemnify the client association from liability if they do not provide the proper advice.
Tuesday, December 30, 2008
HOMEOWNERS DEMAND REFORMS AND ENFORCEMENT
The CCFJ Town Hall Meeting on Saturday in Punta Gorda showed once again that association problems are all over Florida, not just in the Tri-County area of South Florida. And the owners demanding reforms are not just a few disgruntled folks who are unhappy! All the town hall meetings in the last few years drew crowds between 200 and 500 owners -- depending on the area. And if a town hall meeting in a relatively small community like Port Charlotte can attract about 300 interested owners, that really means something -- according to the locals.
The complaints were as well the same as they are all over Florida: Money being wasted -- or even embezzled, dictatorial and/or abusive board members, community association managers and attorneys and the total lack of enforcement of existing laws. A wide majority of the participants of town hall meetings and various surveys favor a regulatory agency -- and are willing to pay for it. The results of the CCFJ HOA REFORM SURVEY mirror exactly the opinion of the participants of these town hall meetings -- or the participants of the meetings of the HOUSE SELECT COMMITTEE last winter.
Everybody who thinks otherwise -- or even claims that the problems are just imagined by a very few -- is running through life wearing blinders.
These town hall meetings show clearly that reforms are wanted and needed -- Florida's citizens demand it!
nearly 300 owners attended the CCFJ Town Hall Meeting on Saturday, December 6, 2008 in Punta Gorda in the meeting hall of the Lutheran Church of the Cross. Even locals were surprised that so many interested citizens attended the meeting.
From Left: Attorney Barbara Stage, State Rep. Julio Robaina, CCFJ President Jan Bergemann, CCFJ Area Rep. Kim Jakubaitis, Mark Benson (Member of RCCAM), State Rep. Ken Roberson, State Rep. Paige Kreegel, County Commissioner Bob Starr.
A very committed panel listened to the presentations of nearly 40 members of the audience -- from reports of embezzlement to fraud and kickbacks, from dictatorial behavior and harassment to limitations of freedom of speech. Most likely caused by the specifics of this area, many demands were heard for legislative reforms to rein in the power of developers and to increase financial responsibility
It is very obvious that the bad economy clearly highlights the downfall of the association system. Instead of protecting property values -- as promised to interested buyers -- these associations turn more and more into a financial liability for financially responsible homeowners.
Representative Julio Robaina made it very clear that the legislators are keenly aware of the financial problems caused by many foreclosures in these associations. Robaina promised that a bill will be proposed ASAP -- maybe even in a special session called regarding the Florida budget shortfall -- that will deal with serious improvement in Florida's foreclosure laws for homeowners' and condo owners' associations.
A lengthy discussion covered the problem of protecting association funds against embezzlement and other criminal mischief. The sad example of the Charlotte Square Condominiums showed that a lot more needs to be done to protect the owners' money and to prosecute the criminals. It is not reasonable to expect that the owners who have already suffered serious financial losses would be required to pay a special assessment to find out where their money went, how much money actually "disappeared" and to pay for legal representation to recover minimum part of their money. Where is the accountability of the management company that the owners trusted with their money? A management company that isn't able to protect the money it was in charge of shouldn't be allowed to stay in business. More CAM regulation -- and stricter enforcement -- is needed!
In regards to many questions from the audience Mark Benson explained that as of January 1, 2009 Community Association Management firms are to be licensed. That goes as well for developers who provide management services. With the changes to 468 F.S. CAM s accept the responsibility to provide guidance and direction to an association and indemnify the client association from liability if they do not provide the proper advice.
Another serious issue: Irresponsible association attorneys. Members of homeowners' associations have no agency to turn to for help. But board members and owners have to understand that “opinions” from attorneys are not the law and not the gospel. They are just opinions -- coming without any warranty! And we all know that there are association attorneys who like to twist the statutes and are going so far as telling boards not to worry if they violate any statutes, since 95% of
all homeowners don’t have the money to fight for their rights.
The majority of complaints were exactly the same we heard all over the State of Florida , clearly contradicting the claim of special interests that real problems in associations only exist in the Tri-County area of South Florida .
The dysfunctional DBPR was again target of many complaints of the citizens. A few speakers claimed it to be the most useless Florida government agency. The citizens’ complaints didn’t agree with the new DBPR Secretary Chuck Drago’s claim in his latest newsletter that attendees of his "On the Road to Better Business" tour had great things to say about the people who work for the DBPR. Quote: "It takes great people to affect change, and we’re fortunate to have a wonderful team." Another DBPR Secretary running around with blinders who doesn't want to listen to the facts? Tallahassee must have an unlimited supply of bureaucrats who have hearing problems!
This town hall meeting showed again how important it is to create legislative reforms to protect the owners living in Florida 's associations, no matter if their associations are regulated by FS 190 (CDD), FS 718 (Condo), FS 719 (Co-Op), FS 720 (HOA), FS 721 (Timeshares) and FS 723 (Mobile Home Parks). And it surely isn't enough if the laws are changed -- without strict and fast enforcement these laws
would be useless. Florida 's owners living in associations need protection.
A large majority of the attendees -- by show of hands -- was in favor of a regulatory agency for homeowners' associations and are willing to pay for it! Representative Julio Robaina made sure that this question was answered by the people in attendance, because special interests often accuse him of trying to micromanage Florida 's associations -- against the will of the people living in these associations. For financial reasons, special interest service providers and certain board members may be against regulation, but the citizens definitely are not!
CCFJ Area Representative Kim Jakubaitis made it very clear what owners hope to see accomplished in the next legislative session (quote): "We expect the Florida legislature to safeguard our largest investment, our homes. Defend our rights as homeowners, by enacting laws that shield us from the abuses, financial and otherwise, that we currently have no protection against."
All three Florida legislators present promised their strong support for upcoming HOA Reforms to be sponsored by Representative Julio Robaina.
Representative Paige Kreegel remarked that after hearing the presentations today he wants to work closely with Representative Julio Robaina to achieve HOA Reform legislation.
Representative Ken Roberson even went a step further when he promised Representative Julio Robaina that he will definitely "Co-sponsor the HOA Reform Bill."
In his closing remarks State Representative Julio Robaina promised homeowners that"HELP IS ON THE WAY!" He will work very hard to accomplish the goals discussed in the town hall meetings and the proposals made in the CCFJ HOA REFORM SURVEY. "It is really important to protect the welfare of Florida's families living in associations. A HOA reform bill is being written and will be proposed to the Florida legislature!"
As much as we heard positive things in regard to upcoming reforms, we owners have to be vigilant and make sure that our voices are heard all the way to Tallahassee . All the owners who want the help of our legislators to create the necessary laws should never forget: These legislators need our help and support to convince their colleagues that reforms are needed.
Help these legislators so that they can help us!
The complaints were as well the same as they are all over Florida: Money being wasted -- or even embezzled, dictatorial and/or abusive board members, community association managers and attorneys and the total lack of enforcement of existing laws. A wide majority of the participants of town hall meetings and various surveys favor a regulatory agency -- and are willing to pay for it. The results of the CCFJ HOA REFORM SURVEY mirror exactly the opinion of the participants of these town hall meetings -- or the participants of the meetings of the HOUSE SELECT COMMITTEE last winter.
Everybody who thinks otherwise -- or even claims that the problems are just imagined by a very few -- is running through life wearing blinders.
These town hall meetings show clearly that reforms are wanted and needed -- Florida's citizens demand it!
nearly 300 owners attended the CCFJ Town Hall Meeting on Saturday, December 6, 2008 in Punta Gorda in the meeting hall of the Lutheran Church of the Cross. Even locals were surprised that so many interested citizens attended the meeting.
From Left: Attorney Barbara Stage, State Rep. Julio Robaina, CCFJ President Jan Bergemann, CCFJ Area Rep. Kim Jakubaitis, Mark Benson (Member of RCCAM), State Rep. Ken Roberson, State Rep. Paige Kreegel, County Commissioner Bob Starr.
A very committed panel listened to the presentations of nearly 40 members of the audience -- from reports of embezzlement to fraud and kickbacks, from dictatorial behavior and harassment to limitations of freedom of speech. Most likely caused by the specifics of this area, many demands were heard for legislative reforms to rein in the power of developers and to increase financial responsibility
It is very obvious that the bad economy clearly highlights the downfall of the association system. Instead of protecting property values -- as promised to interested buyers -- these associations turn more and more into a financial liability for financially responsible homeowners.
Representative Julio Robaina made it very clear that the legislators are keenly aware of the financial problems caused by many foreclosures in these associations. Robaina promised that a bill will be proposed ASAP -- maybe even in a special session called regarding the Florida budget shortfall -- that will deal with serious improvement in Florida's foreclosure laws for homeowners' and condo owners' associations.
A lengthy discussion covered the problem of protecting association funds against embezzlement and other criminal mischief. The sad example of the Charlotte Square Condominiums showed that a lot more needs to be done to protect the owners' money and to prosecute the criminals. It is not reasonable to expect that the owners who have already suffered serious financial losses would be required to pay a special assessment to find out where their money went, how much money actually "disappeared" and to pay for legal representation to recover minimum part of their money. Where is the accountability of the management company that the owners trusted with their money? A management company that isn't able to protect the money it was in charge of shouldn't be allowed to stay in business. More CAM regulation -- and stricter enforcement -- is needed!
In regards to many questions from the audience Mark Benson explained that as of January 1, 2009 Community Association Management firms are to be licensed. That goes as well for developers who provide management services. With the changes to 468 F.S. CAM s accept the responsibility to provide guidance and direction to an association and indemnify the client association from liability if they do not provide the proper advice.
Another serious issue: Irresponsible association attorneys. Members of homeowners' associations have no agency to turn to for help. But board members and owners have to understand that “opinions” from attorneys are not the law and not the gospel. They are just opinions -- coming without any warranty! And we all know that there are association attorneys who like to twist the statutes and are going so far as telling boards not to worry if they violate any statutes, since 95% of
all homeowners don’t have the money to fight for their rights.
The majority of complaints were exactly the same we heard all over the State of Florida , clearly contradicting the claim of special interests that real problems in associations only exist in the Tri-County area of South Florida .
The dysfunctional DBPR was again target of many complaints of the citizens. A few speakers claimed it to be the most useless Florida government agency. The citizens’ complaints didn’t agree with the new DBPR Secretary Chuck Drago’s claim in his latest newsletter that attendees of his "On the Road to Better Business" tour had great things to say about the people who work for the DBPR. Quote: "It takes great people to affect change, and we’re fortunate to have a wonderful team." Another DBPR Secretary running around with blinders who doesn't want to listen to the facts? Tallahassee must have an unlimited supply of bureaucrats who have hearing problems!
This town hall meeting showed again how important it is to create legislative reforms to protect the owners living in Florida 's associations, no matter if their associations are regulated by FS 190 (CDD), FS 718 (Condo), FS 719 (Co-Op), FS 720 (HOA), FS 721 (Timeshares) and FS 723 (Mobile Home Parks). And it surely isn't enough if the laws are changed -- without strict and fast enforcement these laws
would be useless. Florida 's owners living in associations need protection.
A large majority of the attendees -- by show of hands -- was in favor of a regulatory agency for homeowners' associations and are willing to pay for it! Representative Julio Robaina made sure that this question was answered by the people in attendance, because special interests often accuse him of trying to micromanage Florida 's associations -- against the will of the people living in these associations. For financial reasons, special interest service providers and certain board members may be against regulation, but the citizens definitely are not!
CCFJ Area Representative Kim Jakubaitis made it very clear what owners hope to see accomplished in the next legislative session (quote): "We expect the Florida legislature to safeguard our largest investment, our homes. Defend our rights as homeowners, by enacting laws that shield us from the abuses, financial and otherwise, that we currently have no protection against."
All three Florida legislators present promised their strong support for upcoming HOA Reforms to be sponsored by Representative Julio Robaina.
Representative Paige Kreegel remarked that after hearing the presentations today he wants to work closely with Representative Julio Robaina to achieve HOA Reform legislation.
Representative Ken Roberson even went a step further when he promised Representative Julio Robaina that he will definitely "Co-sponsor the HOA Reform Bill."
In his closing remarks State Representative Julio Robaina promised homeowners that"HELP IS ON THE WAY!" He will work very hard to accomplish the goals discussed in the town hall meetings and the proposals made in the CCFJ HOA REFORM SURVEY. "It is really important to protect the welfare of Florida's families living in associations. A HOA reform bill is being written and will be proposed to the Florida legislature!"
As much as we heard positive things in regard to upcoming reforms, we owners have to be vigilant and make sure that our voices are heard all the way to Tallahassee . All the owners who want the help of our legislators to create the necessary laws should never forget: These legislators need our help and support to convince their colleagues that reforms are needed.
Help these legislators so that they can help us!
DUMP OFFICER
A police officer stops a blonde for speeding and asked her for her license. She replied in a huff, I wish you guys would get your act together. Just yesterday you take away my license and then today you expect me to show it to you.
HOA, CDD AND A BLONADE
They were all talking one day when the HOA said we were first in space, the CDD said we were first on the moon. The Blonde said, so what, we're going to be first on the Sun. The HOA and the CDD looked at each other and shook their heads. You can't land on the sun, you idiot! You'll burn up! To which the Blonde replied, we're not stupid, you know, We're going at night.
FISH AND MEN
Nick: How are fishermen and fish alike?
Ben: They both get into trouble when they open their mouth.
Ben: They both get into trouble when they open their mouth.
BINGO NO SMOKING AMENITY
UP DATE DEC 29,2008
Paul Pontius is not doing his job at Bingo on Monday night except calling numbers,
and then he makes mistakes. The added amenity facilities policy #11 says THE MAIN ENTRANCE TO THE CLUBHOUSE IS NOT A DESIGNATED SMOKING AREA. He must tell all Bingo players every Monday night about this new amenity lake Ashton law which was effective May 30, 2008. Believe me there not much you can do in this community. Don't do this, don't do that. They would need 100 policemen to enforce the amenities, and all of us would be kicked out of here. Paul, I will tell Joe Hunter about the smoking ban just like you told him about me. Monkey see monkey do.
I was sitting down facing my home last week enjoying and playing with my two cats when a golfer on the golf course drove by behind me on his golf cart and shouted "asshole". I had no idea who he was. I quickly got up ran over the bridge and down the golf course to catch the person and guess who the golfer was? None other than Paul Pontius. Is he going to disobey the amenity law by turning a blind eye about smoking at the front entrance of the clubhouse. Are some people exempt from this law? He added and sign this new amenity law. He was on the HOA committee at that time THIS AMENITY LAW WAS SIGN. And I did not know I changed my name to asshole, unless he was talking to himself.
Little did he know he was going to be in charge of BINGO just a few months later.
I am asking Joe Hunter, the community director to investigate the behavior of Paul Pontius, I don't enjoy being called an asshole, and the fact he did not notify the players at Bingo on the NO Smoking amenity law at the entrance to the Clubhouse that night. I did play Bingo on Monday night and at break time, I exit the doors of the clubhouse and saw seven smokers including one staff BINGO member smoking. The smoke was so thick, I could cut it with a knife. I got the xxxx out of there.
I will be expecting an answer from Joe Hunter. This ruling must be enforced.I have not heard from you after submitting a form for a fund raising show for Give Kids the World over 3-4 weeks ago. This show could be in the afternoon like the Red Skelton Show. Are you telling me the ballroom is totally booked for 2009?.
signature EDMUND W. KING
Paul Pontius is not doing his job at Bingo on Monday night except calling numbers,
and then he makes mistakes. The added amenity facilities policy #11 says THE MAIN ENTRANCE TO THE CLUBHOUSE IS NOT A DESIGNATED SMOKING AREA. He must tell all Bingo players every Monday night about this new amenity lake Ashton law which was effective May 30, 2008. Believe me there not much you can do in this community. Don't do this, don't do that. They would need 100 policemen to enforce the amenities, and all of us would be kicked out of here. Paul, I will tell Joe Hunter about the smoking ban just like you told him about me. Monkey see monkey do.
I was sitting down facing my home last week enjoying and playing with my two cats when a golfer on the golf course drove by behind me on his golf cart and shouted "asshole". I had no idea who he was. I quickly got up ran over the bridge and down the golf course to catch the person and guess who the golfer was? None other than Paul Pontius. Is he going to disobey the amenity law by turning a blind eye about smoking at the front entrance of the clubhouse. Are some people exempt from this law? He added and sign this new amenity law. He was on the HOA committee at that time THIS AMENITY LAW WAS SIGN. And I did not know I changed my name to asshole, unless he was talking to himself.
Little did he know he was going to be in charge of BINGO just a few months later.
I am asking Joe Hunter, the community director to investigate the behavior of Paul Pontius, I don't enjoy being called an asshole, and the fact he did not notify the players at Bingo on the NO Smoking amenity law at the entrance to the Clubhouse that night. I did play Bingo on Monday night and at break time, I exit the doors of the clubhouse and saw seven smokers including one staff BINGO member smoking. The smoke was so thick, I could cut it with a knife. I got the xxxx out of there.
I will be expecting an answer from Joe Hunter. This ruling must be enforced.I have not heard from you after submitting a form for a fund raising show for Give Kids the World over 3-4 weeks ago. This show could be in the afternoon like the Red Skelton Show. Are you telling me the ballroom is totally booked for 2009?.
signature EDMUND W. KING
Monday, December 29, 2008
FISHING BETTER THAN SEX ?
Why Fishing Is Better Than Sex
When you go fishing and you catch something, that's good. If you're making love and you catch something, that's bad.
Fish don't compare you to other fishermen neither and don't want to know how many other fish you caught.
In fishing you lie about the one that got away. In loving you lie about the one you caught.
You can catch and release a fish, you don't have to lie and promise to still be friends after you let it go.
You don't have to necessarily change your line to keep catching fish.
When you go fishing and you catch something, that's good. If you're making love and you catch something, that's bad.
Fish don't compare you to other fishermen neither and don't want to know how many other fish you caught.
In fishing you lie about the one that got away. In loving you lie about the one you caught.
You can catch and release a fish, you don't have to lie and promise to still be friends after you let it go.
You don't have to necessarily change your line to keep catching fish.
Two Dumb Fisherman
Two avid fishermen go on a fishing trip. They rent all the equipment: the reels, the rods, the wading suits, the rowboat, the car, and even a cabin in the woods. They spend a fortune.
The first day they go fishing, but they don't catch anything. The same thing happens on the second day, and on the third day. It goes on like this until finally, on the last day of their vacation, one of the men catches a fish.
As they're driving home they're really depressed. One guy turns to the other and says, "Do you realize that this one lousy fish we caught cost us fifteen hundred dollars?"
The other guy says, "Wow! It's a good thing we didn't catch any more!"
The first day they go fishing, but they don't catch anything. The same thing happens on the second day, and on the third day. It goes on like this until finally, on the last day of their vacation, one of the men catches a fish.
As they're driving home they're really depressed. One guy turns to the other and says, "Do you realize that this one lousy fish we caught cost us fifteen hundred dollars?"
The other guy says, "Wow! It's a good thing we didn't catch any more!"
Sunday, December 28, 2008
JUDGMENT
How To Collect a Judgment In Florida
How do I Collect a Judgment?
If you win a lawsuit for money, you will get a copy of the Court's judgment stating the amount of money the losing party must pay to you. The losing party is called the judgment debtor, and you, the winner, are called the judgment creditor.
If the judgment debtor does not pay, you are entitled to get the sheriff to seize the judgment debtor's property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay you out of the money the sheriff receives from the sale. This process is called execution. There are a number of steps you must take.
There are some kinds of property the sheriff cannot levy on. The main kind of property the sheriff cannot seize is a person's home. A person's homestead is exempt from execution. The judgment debtor may also select personal property worth up to $1,000, and one motor vehicle worth up to $1,000, as exempt property. Only people have exemptions. If your judgment is against a corporation or a partnership, the sheriff can seize all of its property. Of course, the sheriff can only levy on property the judgment debtor truly owns - not property owned by somebody else, such as leased property.
For more Info please e-mail me.
How do I Collect a Judgment?
If you win a lawsuit for money, you will get a copy of the Court's judgment stating the amount of money the losing party must pay to you. The losing party is called the judgment debtor, and you, the winner, are called the judgment creditor.
If the judgment debtor does not pay, you are entitled to get the sheriff to seize the judgment debtor's property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay you out of the money the sheriff receives from the sale. This process is called execution. There are a number of steps you must take.
There are some kinds of property the sheriff cannot levy on. The main kind of property the sheriff cannot seize is a person's home. A person's homestead is exempt from execution. The judgment debtor may also select personal property worth up to $1,000, and one motor vehicle worth up to $1,000, as exempt property. Only people have exemptions. If your judgment is against a corporation or a partnership, the sheriff can seize all of its property. Of course, the sheriff can only levy on property the judgment debtor truly owns - not property owned by somebody else, such as leased property.
For more Info please e-mail me.
TWO SIDED VAN LOGOS
Ever notice the van parked in the sales parking lot? They use to drive in and park it. Now they back in and park it. WHY? On one side it says Lake Ashton Community. on the other side it says Vienna Square Community. The side that is facing Ashton Club Drive is none other than Lake Ashton Community. We are also paying for services at the other community. Yes we are fools and are being taken in by the developer.
LAKEASHTON GRILL
The developer runs the restaurant and what a deal he has. For $50,000 a year he has all the expenses paid in full by the homeowners of Lake Ashton, and if this is not enough, if they are in the red, we pay the loss as homeowners and if he makes a profit he keeps the money. What a deal, and what fools we are. Some people just don't get the picture like those that voted NO, they are good friend with the developer or they have trouble thinking or have a brain disorder. This is honestly at it best, a fair deal for the NO voters.
Saturday, December 27, 2008
PIGGY BANK
Today's economy shows clearly that the community association system is failing the owners. The only ones profiting: Attorneys and service providers. Instead of protecting property values -- as purchasers were promised as a sales gimmick for buying into community associations -- these associations are creating huge financial liabilities for the homeowners. Homeowners are forced to pay for their financially irresponsible neighbors and/or for developers -- at the brink of bankruptcy -- who use homeowners as their private piggy bank to pay their unpaid bills and hit homeowners with special assessments, payable on very short notice: Here at Lake Ashton we have 7 or more fore closers, and no one cares or need to know. Just another day in Paradise. Just vote NO because you don't care. "Do you enjoy reading this Blog". After you vote NO, don't come back to this web site, Read the L A Times by the developer, Joe Hunter and his staff. They will NEVER say what crime, how many fore closers, car break ins, things stolen etc. Again, just another day in Paradise.
LETTER TO GOVERNOR AND MEMBERS
December 22, 2008
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State Representatives, Friends and Members,
it's the time of the year where everybody talks about Christmas. And everybody knows the story about the "Grinch who stole Christmas!" We have here in Florida every year board presidents "competing" for the award of the "Community Association Grinch." So far, according to the headlines of the Florida media, this year's award goes to Tom Ferguson, president of the Villagio at Estero Condominium Associations, who sent out letters to community members threatening owners with fines, if Christmas lights and other decorations weren’t removed immediately. His excuse: "We’re just enforcing our rules!" Please read the whole story: Estero HOA turns out lights on Christmas at: http://www.ccfj.net/condoturnsoffxmaslights.html
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State Representatives, Friends and Members,
it's the time of the year where everybody talks about Christmas. And everybody knows the story about the "Grinch who stole Christmas!" We have here in Florida every year board presidents "competing" for the award of the "Community Association Grinch." So far, according to the headlines of the Florida media, this year's award goes to Tom Ferguson, president of the Villagio at Estero Condominium Associations, who sent out letters to community members threatening owners with fines, if Christmas lights and other decorations weren’t removed immediately. His excuse: "We’re just enforcing our rules!" Please read the whole story: Estero HOA turns out lights on Christmas at: http://www.ccfj.net/condoturnsoffxmaslights.html
PICK-UP BAN UNREASONABLE
Article Courtesy of The St. Petersburg Times
By Rodney Trash
Published December 18, 2008
TAMPA — When a Hillsborough judge called the Eagles Master Association's parking restriction "utterly unreasonable," pickup truck owner A.J. Vizzi and his attorney rejoiced.
But current and former neighbors — some of whom had also been cited for parking trucks in driveways instead of garages — wondered what the court's decision, handed down Friday, meant for them.
"Maybe I'll have a chance to get my money back," said Kevin Rainey, who shelled out more than $3,000 in penalties and attorney's fees when the association took offense at his white Dodge pickup.
Or will they have to dig deeper into their pockets to pay for the now 2-year-old legal fight between the association and Vizzi?
Homeowners in this gated northwest Hillsborough suburb pay an estimated $600 annual assessment to the Eagles and another fee to their individual subcommunity.
"They have to pay the attorney's fees for A.J. and that's not cheap," homeowner Patrick Oddson said.
"Economics 101 tells you one thing: We're going to have a special assessment."
By Rodney Trash
Published December 18, 2008
TAMPA — When a Hillsborough judge called the Eagles Master Association's parking restriction "utterly unreasonable," pickup truck owner A.J. Vizzi and his attorney rejoiced.
But current and former neighbors — some of whom had also been cited for parking trucks in driveways instead of garages — wondered what the court's decision, handed down Friday, meant for them.
"Maybe I'll have a chance to get my money back," said Kevin Rainey, who shelled out more than $3,000 in penalties and attorney's fees when the association took offense at his white Dodge pickup.
Or will they have to dig deeper into their pockets to pay for the now 2-year-old legal fight between the association and Vizzi?
Homeowners in this gated northwest Hillsborough suburb pay an estimated $600 annual assessment to the Eagles and another fee to their individual subcommunity.
"They have to pay the attorney's fees for A.J. and that's not cheap," homeowner Patrick Oddson said.
"Economics 101 tells you one thing: We're going to have a special assessment."
UNPAID FEES
Article Courtesy of The Miami Herald
By SCOTT ANDRON
Published March 22, 2008
At the Fountains of Tamarac, the condo association has no insurance, a couple of unit owners are cutting the community's grass themselves, and 90 percent of the unit owners aren't paying their maintenance fees.
Even two banks, both of whom acquired their condos out of foreclosure, haven't paid their dues.
Condo President Cesar Gonzalez views the start of hurricane season with dread.
''We're hurting really bad,'' he said. "I don't know if I can handle the stress.''
The Fountains of Tamarac is an extreme example of a growing problem in South Florida: As the economy slumps and home prices fall, a growing number of home- and condo owners are not paying their community fees. That's creating enormous problems for their neighbors, who must either pick up the slack by paying higher fees or else live with reduced services.
By SCOTT ANDRON
Published March 22, 2008
At the Fountains of Tamarac, the condo association has no insurance, a couple of unit owners are cutting the community's grass themselves, and 90 percent of the unit owners aren't paying their maintenance fees.
Even two banks, both of whom acquired their condos out of foreclosure, haven't paid their dues.
Condo President Cesar Gonzalez views the start of hurricane season with dread.
''We're hurting really bad,'' he said. "I don't know if I can handle the stress.''
The Fountains of Tamarac is an extreme example of a growing problem in South Florida: As the economy slumps and home prices fall, a growing number of home- and condo owners are not paying their community fees. That's creating enormous problems for their neighbors, who must either pick up the slack by paying higher fees or else live with reduced services.
FORECLOSER AND FEES
If a unit owner keeps refusing to pay fees, associations have the power to foreclose on the property -- even if the owner is paying the mortgage. The goal of a foreclosure is to recover the money owed by selling the property.
BANKS FIRST IN LINE
The trouble is, even if the association starts the foreclosure, the bank still gets paid first. If the owner owed more than the property is worth, the association could be out of luck. And under Florida law, the bank can't be forced to pay more than six months of fees or 1 percent of the mortgage amount, whichever is less -- until the bank takes title.
Even if unit owners can find a buyer, some banks are looking at the association's books and refusing to make the loans.
This could also block owners who try to refinance their loans.
BANKS FIRST IN LINE
The trouble is, even if the association starts the foreclosure, the bank still gets paid first. If the owner owed more than the property is worth, the association could be out of luck. And under Florida law, the bank can't be forced to pay more than six months of fees or 1 percent of the mortgage amount, whichever is less -- until the bank takes title.
Even if unit owners can find a buyer, some banks are looking at the association's books and refusing to make the loans.
This could also block owners who try to refinance their loans.
Wednesday, December 24, 2008
WHAT HAVE I DONE TO HELP LAKE ASHTON
What have I done to make Lake Ashton a better Community?
1. I got the pick-up trucks back in the driveway I notify Channel 10 and they quickly send a crew down to my home here at lake Ashton. They did and interview with me and a few other residences and it was broadcast on the 6 O'clock news that night and again at 11 O'clock. The radio pick up on it and it was on the talk show.
I also called the Ledger newspaper and they came over and did a story on the Pick-ups.
Under all this publicity they did not discuss it any more and dismiss the issue.
2. They were spraying herbicides in Lake Ashton where many fisherman including me wish to enjoy the golden years fishing. Some of us throw back the fish and others enjoy eating them. I complain to Applied Aquatic and also to the State of Florida about spraying of Herbicides into the lake, and now this Lake is free of Herbicides. They told the developer to refrain from using herbicides within the mitigation areas.
3. I also complain to the Water Management District about the banks having no vegetation and after a rain storm the banks would collapse into the stream and feed the lake with mud and sand. They were ordered by the state to plant vegetation along the banks.
4. I feel I have done more to help this community than any other resident. Now I am being accuse of doing things I did not do by Joe Hunter. Joe Hunter does nothing to help in solving the problems we are having here at Lake Ashton. Nothing
5. I feel if you want something done, I'm the guy to do it. Please E-mail me at lakeashtontalk@yahoo.com
1. I got the pick-up trucks back in the driveway I notify Channel 10 and they quickly send a crew down to my home here at lake Ashton. They did and interview with me and a few other residences and it was broadcast on the 6 O'clock news that night and again at 11 O'clock. The radio pick up on it and it was on the talk show.
I also called the Ledger newspaper and they came over and did a story on the Pick-ups.
Under all this publicity they did not discuss it any more and dismiss the issue.
2. They were spraying herbicides in Lake Ashton where many fisherman including me wish to enjoy the golden years fishing. Some of us throw back the fish and others enjoy eating them. I complain to Applied Aquatic and also to the State of Florida about spraying of Herbicides into the lake, and now this Lake is free of Herbicides. They told the developer to refrain from using herbicides within the mitigation areas.
3. I also complain to the Water Management District about the banks having no vegetation and after a rain storm the banks would collapse into the stream and feed the lake with mud and sand. They were ordered by the state to plant vegetation along the banks.
4. I feel I have done more to help this community than any other resident. Now I am being accuse of doing things I did not do by Joe Hunter. Joe Hunter does nothing to help in solving the problems we are having here at Lake Ashton. Nothing
5. I feel if you want something done, I'm the guy to do it. Please E-mail me at lakeashtontalk@yahoo.com
Tuesday, December 23, 2008
Covenant Violation on Santa
Your sleigh is a recreational vehicle, which is prohibited by the covenants. When we told you to move it from your yard, we clearly did not intend for you to place it on your roof. Please remove it from your premises.
ARCHITECTURAL GUIDELINES IN THE MAIL TODAY
Rules and more rules, and we are here to enjoy the golden years in this 55 plus community. What do they think we are going to do at our age, sell used cars on our front lawn or start a junk yard of used auto parts in the rear of the building or maybe an antique store. If you don't pay your fine, the HOA Board shall initiate a lien on your property. This includes associated cost, accrued interest and late fees. They don't say how much! They can charge any thing they want. $50,000 fine? possible. Only in America
Burglary suspected nabbed after low-speed chase with golf carts
Published: Friday, December 19, 2008
Following reports of a home invasion, police in Austin, Tex., gave chase to a suspect who attempted to flee -- driving a golf cart.
According to television reports, the Austin Police Department responded to a call from a homeowner who said an intruder had broken in and was holding one of them at knifepoint, while forcing him to tie up others in the house. Police arrived to see a suspect running from the back of the house to the nearby Morris Williams Golf Course.
"He commandeered a golf cart and took off in the golf cart," Jeff Slater of the Austin Police Department told KVUE television news. "Officers did the same and gave chase on a golf cart."
Police caught up with the suspect as he attempted to outrun their cart on foot. The homeowner who called the police was also arrested after officers determined that the car parked in his garage was reported stolen.
Following reports of a home invasion, police in Austin, Tex., gave chase to a suspect who attempted to flee -- driving a golf cart.
According to television reports, the Austin Police Department responded to a call from a homeowner who said an intruder had broken in and was holding one of them at knifepoint, while forcing him to tie up others in the house. Police arrived to see a suspect running from the back of the house to the nearby Morris Williams Golf Course.
"He commandeered a golf cart and took off in the golf cart," Jeff Slater of the Austin Police Department told KVUE television news. "Officers did the same and gave chase on a golf cart."
Police caught up with the suspect as he attempted to outrun their cart on foot. The homeowner who called the police was also arrested after officers determined that the car parked in his garage was reported stolen.
Monday, December 22, 2008
BUSINESS JUDGMENT RULE! GET INVOLVED
Words like "neighborly" and "community spirit" have been replaced with "fining committee" and "enforcement." While in former times neighbors brought chicken soup to neighbors in need, they now serve lawsuits, liens and foreclosures. All under the pretense of "protecting property values" -- one of the biggest fairy tales ever told to homeowners. Truthfully, the only thing that these associations really protect is the income of service providers, such as attorneys and community association managers.
This website is an attempt to help owners living in Florida's mandatory associations to find their way through the maze of rules, regulations and statutes that are often so complicated that even specialized attorneys have a hard time finding the "right" interpretation.
This is an attempt to help owners understand what they are really facing and that the excuse "I don't want to get involved" is plainly ridiculous. All owners got involved the minute they bought their homes or condos, even if they may not have realized it at that time.
Owners desperately need more owner-friendly laws with enforcement and accountability of the people in charge to protect our financial welfare against financial mismanagement, uncontrolled spending, and even clear embezzlement!
This website is an attempt to help owners living in Florida's mandatory associations to find their way through the maze of rules, regulations and statutes that are often so complicated that even specialized attorneys have a hard time finding the "right" interpretation.
This is an attempt to help owners understand what they are really facing and that the excuse "I don't want to get involved" is plainly ridiculous. All owners got involved the minute they bought their homes or condos, even if they may not have realized it at that time.
Owners desperately need more owner-friendly laws with enforcement and accountability of the people in charge to protect our financial welfare against financial mismanagement, uncontrolled spending, and even clear embezzlement!
Villages settles $40 Million lawsuit
Article Courtesy of The Orlando Sentinel
By Stephen Hudak
Published Match 9, 2008
THE VILLAGES - The powerful developer and corporations behind The Villages have agreed in a civil court settlement to pay $40 million over 13 years to cover improvements and repairs to recreation centers, swimming pools and other facilities that make the retirement community alluring.
The class-action lawsuit contended monthly amenity fees paid by every homeowner in the sprawling community of 70,000 residents had been misused by The Villages of Lake-Sumter Inc., the Village Center Community Development District and developer H. Gary Morse.
Under the settlement, the money will replenish depleted accounts used to finance facility improvements and pay pool monitors, after-hours golf ambassadors and Neighborhood Watch staff.
The lawsuit was prompted by residents like Elaine Dreidame, 64, who complained about mildew and mold in the ceiling tiles of the Paradise Recreation Center, where she played bridge twice a week.
Dreidame, who moved to the retirement community in 1999, figured "Florida's Friendliest Hometown" had money set aside to improve its oldest recreational facility.
Well, not enough, she found out.
The retired university administrator from Dayton, Ohio, grew more concerned as she began noting similar, subtle drop-offs in other services throughout the community that she affectionately calls "year-round adult summer camp."
The money is supposed to be used to maintain the golf courses, swimming pools and other comforts that make The Villages a desirable home for active, older adults.
Long-shot lawsuit
The lawsuit seemed unlikely to succeed, according to court records showing that a retired judge and six major law firms from Tallahassee to Miami declined to take it.
But the case concluded last week in Lake County, where Circuit Judge Lawrence Semento approved a settlement agreement that requires the developer to pay about $40 million over the next 13 years to replenish maintenance accounts.
The settlement also requires the defendants to pay $50,000 each to Dreidame and four other named plaintiffs and $6.7 million to the plaintiffs' brother-sister legal team, Dougald McMillan and Carol McMillan Anderson.
Carol Anderson said she took the case because she lives in The Villages.
Her brother, a practicing lawyer for 50 years, was best known for prosecuting organized crime figure Meyer Lansky.
Through their defense lawyers, Stephen Johnson and Archie Lowery, Morse and the other defendants denied any wrongdoing or misappropriation.
"[The developer] has looked at the settlement as an issue of what's good for the community," Johnson said Wednesday in court.
The settlement includes confidentiality and nondisparagement clauses, which prevent the parties from discussing the case or criticizing Morse or The Villages.
'David and Goliath'
Donald Maciejewski, a Jacksonville lawyer who has handled mass-plaintiff air-disaster cases, called the lawsuit a "true David and Goliath" case, citing the defendants' financial strength.
In an affidavit submitted to the judge to justify attorney fees, Maciejewski said the novelty and complexity of the case suggested that the plaintiffs' chances for success were "virtually zero."
He also pointed out that McMillan and Anderson were "a last resort."
Dreidame had said that if the siblings wouldn't take their case, "she was going to drop the issue . . . and get back to enjoying retirement," Maciejewski said.
Anderson praised Morse and his lawyers, saying the settlement proves they have the community's best interest at heart.
Tee-time limits
The settlement also includes other provisions that can be classified as uniquely The Villages, including limits on the number of tee times that can be reserved by the developer's sales staff for prospective customers.
The developer also will provide money to widen six miles of golf-cart paths to better accommodate bicyclists, joggers and roller-skaters.
The agreement also creates a resident-controlled "Amenity Authority Committee" that will have a louder voice in the use of amenity fees.
By Stephen Hudak
Published Match 9, 2008
THE VILLAGES - The powerful developer and corporations behind The Villages have agreed in a civil court settlement to pay $40 million over 13 years to cover improvements and repairs to recreation centers, swimming pools and other facilities that make the retirement community alluring.
The class-action lawsuit contended monthly amenity fees paid by every homeowner in the sprawling community of 70,000 residents had been misused by The Villages of Lake-Sumter Inc., the Village Center Community Development District and developer H. Gary Morse.
Under the settlement, the money will replenish depleted accounts used to finance facility improvements and pay pool monitors, after-hours golf ambassadors and Neighborhood Watch staff.
The lawsuit was prompted by residents like Elaine Dreidame, 64, who complained about mildew and mold in the ceiling tiles of the Paradise Recreation Center, where she played bridge twice a week.
Dreidame, who moved to the retirement community in 1999, figured "Florida's Friendliest Hometown" had money set aside to improve its oldest recreational facility.
Well, not enough, she found out.
The retired university administrator from Dayton, Ohio, grew more concerned as she began noting similar, subtle drop-offs in other services throughout the community that she affectionately calls "year-round adult summer camp."
The money is supposed to be used to maintain the golf courses, swimming pools and other comforts that make The Villages a desirable home for active, older adults.
Long-shot lawsuit
The lawsuit seemed unlikely to succeed, according to court records showing that a retired judge and six major law firms from Tallahassee to Miami declined to take it.
But the case concluded last week in Lake County, where Circuit Judge Lawrence Semento approved a settlement agreement that requires the developer to pay about $40 million over the next 13 years to replenish maintenance accounts.
The settlement also requires the defendants to pay $50,000 each to Dreidame and four other named plaintiffs and $6.7 million to the plaintiffs' brother-sister legal team, Dougald McMillan and Carol McMillan Anderson.
Carol Anderson said she took the case because she lives in The Villages.
Her brother, a practicing lawyer for 50 years, was best known for prosecuting organized crime figure Meyer Lansky.
Through their defense lawyers, Stephen Johnson and Archie Lowery, Morse and the other defendants denied any wrongdoing or misappropriation.
"[The developer] has looked at the settlement as an issue of what's good for the community," Johnson said Wednesday in court.
The settlement includes confidentiality and nondisparagement clauses, which prevent the parties from discussing the case or criticizing Morse or The Villages.
'David and Goliath'
Donald Maciejewski, a Jacksonville lawyer who has handled mass-plaintiff air-disaster cases, called the lawsuit a "true David and Goliath" case, citing the defendants' financial strength.
In an affidavit submitted to the judge to justify attorney fees, Maciejewski said the novelty and complexity of the case suggested that the plaintiffs' chances for success were "virtually zero."
He also pointed out that McMillan and Anderson were "a last resort."
Dreidame had said that if the siblings wouldn't take their case, "she was going to drop the issue . . . and get back to enjoying retirement," Maciejewski said.
Anderson praised Morse and his lawyers, saying the settlement proves they have the community's best interest at heart.
Tee-time limits
The settlement also includes other provisions that can be classified as uniquely The Villages, including limits on the number of tee times that can be reserved by the developer's sales staff for prospective customers.
The developer also will provide money to widen six miles of golf-cart paths to better accommodate bicyclists, joggers and roller-skaters.
The agreement also creates a resident-controlled "Amenity Authority Committee" that will have a louder voice in the use of amenity fees.
PAY AND SHUT UP
When you received your maintenance bill you did not get a itemize statement to where all the money is being spend on. I guess you just pay and shut up. Don"t you ever wonder where the money is going to? Maybe for the developer Christmas presents.
Look what I did to find out.
I went to the Clubhouse office to see if they had an itemize list to where all the money is going. They told me to go to the sales office, so I went to the sales office and they told me to back to the clubhouse office. Now they tell me to go see Joe Hunter. I went and saw Joe Hunter and he told me to see George Flint in Orlando. So I E-mail George Flint and I am still waiting.
My question is do you think I would ever get a listing of the expenses?
Look what I did to find out.
I went to the Clubhouse office to see if they had an itemize list to where all the money is going. They told me to go to the sales office, so I went to the sales office and they told me to back to the clubhouse office. Now they tell me to go see Joe Hunter. I went and saw Joe Hunter and he told me to see George Flint in Orlando. So I E-mail George Flint and I am still waiting.
My question is do you think I would ever get a listing of the expenses?
FLAWED SYSTEM
The system is flawed -- and band-aids and/or biased committees will not fix it. Nor will surveys claiming that a wide majority of owners is "very happy." Owners need real solutions -- not service providers and board members hiding behind the business judgment rule.
The financial welfare of million of families all around the nation is at stake. Everybody cries for bail-outs: Owners living in community associations need a special sort of bail-out: Accountability of the people in charge and laws that make sense and protect the owners -- and strict enforcement of these laws!
And fast -- before it's too late for many families!
The financial welfare of million of families all around the nation is at stake. Everybody cries for bail-outs: Owners living in community associations need a special sort of bail-out: Accountability of the people in charge and laws that make sense and protect the owners -- and strict enforcement of these laws!
And fast -- before it's too late for many families!
ASSOCIATION FEES DUE ON MONTHLY BASIS BECAUSE OF FORECLOSURES AND LEGAL FEES
Article Courtesy of The Tampa Tribune
By KENNETH KNIGHT
Published December 21, 2008
NEW TAMPA - A standing-room-only group of Live Oak Preserve residents chided its homeowners association board Thursday for approving a bulk cable contract that will contribute to a $301,000 increase in its 2009 budget.
"We don't want to pay for our neighbors' cable,'' resident John Carter after the homeowners association board approved a $3.1 million budget at its annual meeting.
During the meeting at the community clubhouse, angry residents peppered board president Rick Feather, who was hand-picked by the developer to serve on the panel, with questions about the board's decision to tie the community to a 15-year contract with Bright House Networks.
Bright House purchased the cable contract in June from Century Communications. The cable company is required to provide cable, Internet and home security monitoring services to as many as 1,590 units in Live Oak Preserve.
There are now about 1,100 households in the community developed by Engle Homes and managed by LandArc.
The board budgeted $1.14 million for the annual bulk cable contract, an increase of $8,000 from this year.
The increased cost drew whistles and murmurs from the crowd. Feather, who negotiated the contract, encouraged residents to look at the deal from a positive perspective.
"If you were paying [for cable] based on 1,100 homes, you would be paying more," Feather said.
Feather, an Engle Homes employee who doesn't live in Live Oak Preserve, said the homeowners association has been talking to Bright House officials about the possibility of adjusting parts of the contract. He declined to provide details.
Residents are allowed to choose their own service providers, however, they are still required to help pay for the Bright House contract.
Homeowner dues will increase next year to $491 per quarter, which will mean a $188 annual increase per household. For the first time association fees will be due on a monthly basis. Homeowners will be required to pay $163.79 per month starting in January.
The past two years homeowners have paid $444 each quarter to cover association fees such as cable, Internet service, home security monitoring, security service and common areas maintenance for the clubhouse, pool, trash removal, street lights and others.
Feather said the homeowners association plans to increase funding for gate repairs, pool cleaning, clubhouse janitorial services and payroll for an on-site property manager and an assistant.
The homeowners group also budgeted additional money to cover the cost for postage, legal fees and bad debts from foreclosures, short sales and residents delinquent on homeowner fees.
In a surprise move, Feather announced the three-member hand-picked homeowners association's board of directors was inviting two Live Oak residents to join the panel, increasing its membership to five.
Joining Feathers and board members Lauren Arcaro and Keith Donnelly will be Amy Warenyk of Willow Bend Village and Frank Micallef of Maplewood Village. Warenyk, who attended the meeting, was invited to sit with the board after her name was announced.
Zuriel Cabrera, the Weatherwood Village association president who has been a vocal opponent of the bulk cable contract, said after the meeting he was disappointed with the outcome. He said he hoped the board would have shown greater responsibility to reduce the financial burden heaped on homeowners.
Cabrera said he was aware of the board's plans to add two residents to its ranks, but the balance of power remains with Engle Homes.
Earl Myers of Willow Bend said he was pleased by resident turnout and their desire to have their voices heard.
"If this board got anything out of this meeting, they learned they need to be more communicative with this community," Myers said.
By KENNETH KNIGHT
Published December 21, 2008
NEW TAMPA - A standing-room-only group of Live Oak Preserve residents chided its homeowners association board Thursday for approving a bulk cable contract that will contribute to a $301,000 increase in its 2009 budget.
"We don't want to pay for our neighbors' cable,'' resident John Carter after the homeowners association board approved a $3.1 million budget at its annual meeting.
During the meeting at the community clubhouse, angry residents peppered board president Rick Feather, who was hand-picked by the developer to serve on the panel, with questions about the board's decision to tie the community to a 15-year contract with Bright House Networks.
Bright House purchased the cable contract in June from Century Communications. The cable company is required to provide cable, Internet and home security monitoring services to as many as 1,590 units in Live Oak Preserve.
There are now about 1,100 households in the community developed by Engle Homes and managed by LandArc.
The board budgeted $1.14 million for the annual bulk cable contract, an increase of $8,000 from this year.
The increased cost drew whistles and murmurs from the crowd. Feather, who negotiated the contract, encouraged residents to look at the deal from a positive perspective.
"If you were paying [for cable] based on 1,100 homes, you would be paying more," Feather said.
Feather, an Engle Homes employee who doesn't live in Live Oak Preserve, said the homeowners association has been talking to Bright House officials about the possibility of adjusting parts of the contract. He declined to provide details.
Residents are allowed to choose their own service providers, however, they are still required to help pay for the Bright House contract.
Homeowner dues will increase next year to $491 per quarter, which will mean a $188 annual increase per household. For the first time association fees will be due on a monthly basis. Homeowners will be required to pay $163.79 per month starting in January.
The past two years homeowners have paid $444 each quarter to cover association fees such as cable, Internet service, home security monitoring, security service and common areas maintenance for the clubhouse, pool, trash removal, street lights and others.
Feather said the homeowners association plans to increase funding for gate repairs, pool cleaning, clubhouse janitorial services and payroll for an on-site property manager and an assistant.
The homeowners group also budgeted additional money to cover the cost for postage, legal fees and bad debts from foreclosures, short sales and residents delinquent on homeowner fees.
In a surprise move, Feather announced the three-member hand-picked homeowners association's board of directors was inviting two Live Oak residents to join the panel, increasing its membership to five.
Joining Feathers and board members Lauren Arcaro and Keith Donnelly will be Amy Warenyk of Willow Bend Village and Frank Micallef of Maplewood Village. Warenyk, who attended the meeting, was invited to sit with the board after her name was announced.
Zuriel Cabrera, the Weatherwood Village association president who has been a vocal opponent of the bulk cable contract, said after the meeting he was disappointed with the outcome. He said he hoped the board would have shown greater responsibility to reduce the financial burden heaped on homeowners.
Cabrera said he was aware of the board's plans to add two residents to its ranks, but the balance of power remains with Engle Homes.
Earl Myers of Willow Bend said he was pleased by resident turnout and their desire to have their voices heard.
"If this board got anything out of this meeting, they learned they need to be more communicative with this community," Myers said.
CABLE AND SECURITY CHARGES
Article Courtesy of The Sun Sentinel
By Fallan Pattersn
Published December 18, 2008
With rising foreclosures in many condo communities, associations and unit owners facing higher fees continue to look for ways to cut costs.
Currently, a looming topic has been service providers. In order to receive cable or security system services, condo associations must sign multiyear "bulk" contracts, where individual owners cannot order their own service.
That also means that if an owner moves out, services are still provided to the unit and other residents are stuck paying the bill. Jan Bergemann, founder and president of Cyber Citizens for Justice, a condo and homeowners association advocate Web site, said the key is allowing the unit owner to choose his or her own providers.
"The bulk contracts make unit owners have no say because the association [gets to] pick [the providers]," he said. "We've had a lot of comments about how to get out of these bulk contracts and the other tenants [being] stuck paying for empty or foreclosed units."
Bergemann also said he recently spoke with a Miami-Dade County condo board member who said 30 percent of his unit owners are no longer paying dues.
"The economy is down and board members say they are broke because owners are paying their dues," he said. "The contracts come back to haunt them because [now] there is no money."
"It's been brutal because of the economy," said Charlotte Greenbarg, president of the Broward Coalition, a nonprofit organization that helps condo and homeowners associations.
At a Broward Coalition meeting last week, Leo Delgado, the chief marketing officer for CSI Associates, a group that consults with homeowners association and service providers, said associations sometimes need help to get a good deal.
"[Board members] need to review the current agreement, which could be 20 years old, to see what their rights are, where they stand and what's the best course of action," Delgado said.
Individual hook ups are possible, Delgado said, but cable companies want the marketing and don't want to "keep disconnecting and reconnecting" at the condo communities.
"Big money needs good experience and a lot of the problems are caused by the inexperience of the boards members," Bergemann said. "The service providers are only too happy [to take advantage] because they go all the way to the bank."
By Fallan Pattersn
Published December 18, 2008
With rising foreclosures in many condo communities, associations and unit owners facing higher fees continue to look for ways to cut costs.
Currently, a looming topic has been service providers. In order to receive cable or security system services, condo associations must sign multiyear "bulk" contracts, where individual owners cannot order their own service.
That also means that if an owner moves out, services are still provided to the unit and other residents are stuck paying the bill. Jan Bergemann, founder and president of Cyber Citizens for Justice, a condo and homeowners association advocate Web site, said the key is allowing the unit owner to choose his or her own providers.
"The bulk contracts make unit owners have no say because the association [gets to] pick [the providers]," he said. "We've had a lot of comments about how to get out of these bulk contracts and the other tenants [being] stuck paying for empty or foreclosed units."
Bergemann also said he recently spoke with a Miami-Dade County condo board member who said 30 percent of his unit owners are no longer paying dues.
"The economy is down and board members say they are broke because owners are paying their dues," he said. "The contracts come back to haunt them because [now] there is no money."
"It's been brutal because of the economy," said Charlotte Greenbarg, president of the Broward Coalition, a nonprofit organization that helps condo and homeowners associations.
At a Broward Coalition meeting last week, Leo Delgado, the chief marketing officer for CSI Associates, a group that consults with homeowners association and service providers, said associations sometimes need help to get a good deal.
"[Board members] need to review the current agreement, which could be 20 years old, to see what their rights are, where they stand and what's the best course of action," Delgado said.
Individual hook ups are possible, Delgado said, but cable companies want the marketing and don't want to "keep disconnecting and reconnecting" at the condo communities.
"Big money needs good experience and a lot of the problems are caused by the inexperience of the boards members," Bergemann said. "The service providers are only too happy [to take advantage] because they go all the way to the bank."
TWO WEEKS, PAY OR ELSE
ORANGE COUNTY, Fla. (WOFL FOX 35, Orlando) -- People living in the Woodland Lakes Preserve, located off Curry Cord road in East Orange County are at odd with their homeowners association after finding out they have to shell out more than $600 for an emergency HOA fee.
Emotions ran high Friday night as around 200 people crammed in the community pavilion.
It’s right before the holidays,” said Marcus Gilmore. “I mean families, there are a lot of hardships. I’m not paying it.”
Homeowners recently learned they will have to pay $662, an emergency HOA assessment the HOA cited a budget shortfall mostly due to foreclosures.
The HOA is controlled by the developer of the community Deluca Homes; they wouldn’t
return calls and no one at their office would comment.
According to HOA laws an emergency assessment may be levied at anytime.
“This is the holiday season,” said homeowner Inez Frank. “Two weeks to make that kind of a payment with no advance notice. Whether legally they’re allowed to do that or not its tough for a lot of families.
Homeowners are putting together a committee in hopes of negotiating with the HOA.
They are proposing a payment arrangement of some type.
Emotions ran high Friday night as around 200 people crammed in the community pavilion.
It’s right before the holidays,” said Marcus Gilmore. “I mean families, there are a lot of hardships. I’m not paying it.”
Homeowners recently learned they will have to pay $662, an emergency HOA assessment the HOA cited a budget shortfall mostly due to foreclosures.
The HOA is controlled by the developer of the community Deluca Homes; they wouldn’t
return calls and no one at their office would comment.
According to HOA laws an emergency assessment may be levied at anytime.
“This is the holiday season,” said homeowner Inez Frank. “Two weeks to make that kind of a payment with no advance notice. Whether legally they’re allowed to do that or not its tough for a lot of families.
Homeowners are putting together a committee in hopes of negotiating with the HOA.
They are proposing a payment arrangement of some type.
PAY OR FORECLOSURE, TWO WEEK NOTICE
ORANGE COUNTY, Fla. (WOFL FOX 35, Orlando) -- The payment is now due for homeowners in two Orange County communities.
Neighbors in the Toscana community met Monday night to talk about fighting fees from their Home Owners Association.
The HOA, still run by the builder Deluca Homes, sent notices of emergency assessments in the last two weeks asking for more than $600 in more fees.
The deadline to pay passed Monday some say they won’t pay, but others say they have no choice.
“The recommendation is to pay it,” said homeowner Dorina Lora. “We have to keep our community going and if that’s what it is, that’s what it is.”
For homeowners who don’t pay, the property management company says 45 day lien notices will start going out after the first of the year and it could lead to foreclosure.
Neighbors in the Toscana community met Monday night to talk about fighting fees from their Home Owners Association.
The HOA, still run by the builder Deluca Homes, sent notices of emergency assessments in the last two weeks asking for more than $600 in more fees.
The deadline to pay passed Monday some say they won’t pay, but others say they have no choice.
“The recommendation is to pay it,” said homeowner Dorina Lora. “We have to keep our community going and if that’s what it is, that’s what it is.”
For homeowners who don’t pay, the property management company says 45 day lien notices will start going out after the first of the year and it could lead to foreclosure.
CHRISTMAS IN COMMUNITY ASSOCIATIONS?
December 22, 2008
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State Representatives, Friends and Members,
it's the time of the year where everybody talks about Christmas. And everybody knows the story about the "Grinch who stole Christmas!" We have here in Florida every year board presidents "competing" for the award of the "Community Association Grinch." So far, according to the headlines of the Florida media, this year's award goes to Tom Ferguson, president of the Villagio at Estero Condominium Associations, who sent out letters to community members threatening owners with fines, if Christmas lights and other decorations weren’t removed immediately. His excuse: "We’re just enforcing our rules!" Please read the whole story: Estero HOA turns out lights on Christmas at: http://www.ccfj.net/condoturnsoffxmaslights.html
Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators, Dear State Representatives, Friends and Members,
it's the time of the year where everybody talks about Christmas. And everybody knows the story about the "Grinch who stole Christmas!" We have here in Florida every year board presidents "competing" for the award of the "Community Association Grinch." So far, according to the headlines of the Florida media, this year's award goes to Tom Ferguson, president of the Villagio at Estero Condominium Associations, who sent out letters to community members threatening owners with fines, if Christmas lights and other decorations weren’t removed immediately. His excuse: "We’re just enforcing our rules!" Please read the whole story: Estero HOA turns out lights on Christmas at: http://www.ccfj.net/condoturnsoffxmaslights.html
Sunday, December 21, 2008
I AM IN VIOLATION
I will be subject to fines, liens and foreclosure because I made an unauthorized modification to my home which allowed Santa to enter and exit through the chimney. I must submit an architectural request to the ARC committee for this new entry, including evidence that this modification meets all state and local codes and is in harmony with other homes.
No Christmas decorations allow in community
Article Courtesy of The News Press
By MARK S. KRZOS
Published December 19, 2008
In one Southwest Florida gated community the bright and cheery colors of Christmas are not welcome.
Residents living in Villagio at Estero were told recently that Christmas decorations were against the community’s bylaws and they faced $100 in fines if Christmas lights and other decorations weren’t removed immediately.
“We bought a place in Villagio in April 2007,’’ said resident Wayne Cox, 61. “We put up decorations last year. This year we did the same thing — we put up holiday lights and then we get this letter stating that they weren’t allowed. ... We were blindsided. It’s a shame, because Christmas was always a special holiday and seeing the smiles on my grandkids.”
Tom Ferguson, president of the Villagio at Estero Condominium Associations, said he’s left with no alternative.
“We’re just enforcing our documents,” he said. “We’re not singling out one person or another. If people want to decorate their lanai, they can do it. They just can’t decorate the common areas.”
This is not a crackdown on Christmas, Ferguson added.
“We decorated the town center, the boulevard coming into Villagio,” he said.
Putting a Christmas wreath on the front door also is against the bylaws, but Ferguson said an exception is being made this year.
“It was sort of a compromise,” he said. “Things got really out of hand last year with these blow-up things and a lot of it looked really tacky. So at our January board meeting, decorations came up and we said that next year we have to be more careful and said we’d allow just the wreaths.”
“It sounds like we’re being Scrooges, but we’re not,” he said. “I love Christmas lights, and I was one of the first people here to put up a wreath. We’re just enforcing our rules. People wanted to put political signs in their yards — but they can’t do that, either. It’s just about enforcing the documents. Residents told the board that they wanted more enforcement.”
But Cox and his daughter Michelle Tifft, who is also a neighbor, said the board was changing the rules in the middle of the game.
“They released an updated rules and regulations handbook a few weeks ago and there was nothing in there saying anything about not allowing Christmas lights,” he said. “And there was nothing in any of the documentation we signed when we moved in here. If it had been there, we wouldn’t have moved here.
“The rule book states that there is to be no signs, posters or displays in the common areas,” Cox said. “I don’t see where displays means lights. When we got the letter, they pointed to that section and added the word, ‘decorations.’ That word was never mentioned anywhere.”
Ferguson, who maintained Christmas lights are a display, did say that the community could revisit the rule next year.
Joe Adams, an attorney and partner at the Fort Myers law firm, Becker & Poliakoff — and real estate columnist for The News-Press, said condominium associations are within their purview to make such rules.
“If you’re in a condominium association, you don’t own the exterior of the building,” said Adams, whose firm represents 700 condominium associations throughout Southwest Florida. “They have no legal right to install holiday lights on the exterior of a building that everyone owns.”
While Adams agrees that the word displays means holiday lights, decorations and political signs, he didn’t see Villagio’s policy as being out of bounds.
But, Adams said, most condo associations do allow minor decorations for the holidays.
“They are an elected board and can change the rules at any time,” he said.
Some residents may have gone overboard last year with blow-up displays and that could have caused the crackdown, guessed Tifft.
“Still, why couldn’t they have put this in their newsletter and saved us from putting them up in the first place?” Tifft asked. “We’ve had these decorations up every year in the three years I’ve lived here. I’ve had a tough year and was really looking forward to a nice Christmas.”
For Cox, not having Christmas lights in front of his home is like getting coal in his stocking.
“I get sick to my stomach when I think about it,” he said. “I feel like the whole holiday is being stolen from my family.”
By MARK S. KRZOS
Published December 19, 2008
In one Southwest Florida gated community the bright and cheery colors of Christmas are not welcome.
Residents living in Villagio at Estero were told recently that Christmas decorations were against the community’s bylaws and they faced $100 in fines if Christmas lights and other decorations weren’t removed immediately.
“We bought a place in Villagio in April 2007,’’ said resident Wayne Cox, 61. “We put up decorations last year. This year we did the same thing — we put up holiday lights and then we get this letter stating that they weren’t allowed. ... We were blindsided. It’s a shame, because Christmas was always a special holiday and seeing the smiles on my grandkids.”
Tom Ferguson, president of the Villagio at Estero Condominium Associations, said he’s left with no alternative.
“We’re just enforcing our documents,” he said. “We’re not singling out one person or another. If people want to decorate their lanai, they can do it. They just can’t decorate the common areas.”
This is not a crackdown on Christmas, Ferguson added.
“We decorated the town center, the boulevard coming into Villagio,” he said.
Putting a Christmas wreath on the front door also is against the bylaws, but Ferguson said an exception is being made this year.
“It was sort of a compromise,” he said. “Things got really out of hand last year with these blow-up things and a lot of it looked really tacky. So at our January board meeting, decorations came up and we said that next year we have to be more careful and said we’d allow just the wreaths.”
“It sounds like we’re being Scrooges, but we’re not,” he said. “I love Christmas lights, and I was one of the first people here to put up a wreath. We’re just enforcing our rules. People wanted to put political signs in their yards — but they can’t do that, either. It’s just about enforcing the documents. Residents told the board that they wanted more enforcement.”
But Cox and his daughter Michelle Tifft, who is also a neighbor, said the board was changing the rules in the middle of the game.
“They released an updated rules and regulations handbook a few weeks ago and there was nothing in there saying anything about not allowing Christmas lights,” he said. “And there was nothing in any of the documentation we signed when we moved in here. If it had been there, we wouldn’t have moved here.
“The rule book states that there is to be no signs, posters or displays in the common areas,” Cox said. “I don’t see where displays means lights. When we got the letter, they pointed to that section and added the word, ‘decorations.’ That word was never mentioned anywhere.”
Ferguson, who maintained Christmas lights are a display, did say that the community could revisit the rule next year.
Joe Adams, an attorney and partner at the Fort Myers law firm, Becker & Poliakoff — and real estate columnist for The News-Press, said condominium associations are within their purview to make such rules.
“If you’re in a condominium association, you don’t own the exterior of the building,” said Adams, whose firm represents 700 condominium associations throughout Southwest Florida. “They have no legal right to install holiday lights on the exterior of a building that everyone owns.”
While Adams agrees that the word displays means holiday lights, decorations and political signs, he didn’t see Villagio’s policy as being out of bounds.
But, Adams said, most condo associations do allow minor decorations for the holidays.
“They are an elected board and can change the rules at any time,” he said.
Some residents may have gone overboard last year with blow-up displays and that could have caused the crackdown, guessed Tifft.
“Still, why couldn’t they have put this in their newsletter and saved us from putting them up in the first place?” Tifft asked. “We’ve had these decorations up every year in the three years I’ve lived here. I’ve had a tough year and was really looking forward to a nice Christmas.”
For Cox, not having Christmas lights in front of his home is like getting coal in his stocking.
“I get sick to my stomach when I think about it,” he said. “I feel like the whole holiday is being stolen from my family.”
THREE PER CENT FOR DEVELOPER
UPDATE 12/21/08
This is how the system works here in this Community, East and West. If you sell
your house in the west yourself, you must pay the Developer 2% of the sale. If you sell your home in the east, your OK. Presently this is how it is done in the East and West.
The resales office sells your home, they receive a 6% commission. The total amount of this money is given to the Lake Ashton Management. They keep 3% of the total sale and after 2-3 weeks the remainder of 3% is given to the resales office for their commission. Now if they sell a $400,000 home that amounts to $24,000 commission. $12,000 or 3% goes to the developer and $12,000 OR 3% goes the the resale office. Please note that the developer does nothing to sell your home.
Why is the developer receiving 3%? Simple, they give you a year of free golf worth about $3,500 which starts on the day you bought the house. Who has time to play golf when you just move in when repairs, painting and decorations has to be made on the house. And what happens when you don't play golf? Is this money given to charity? Does the developer give any money to charity?
This is how the system works here in this Community, East and West. If you sell
your house in the west yourself, you must pay the Developer 2% of the sale. If you sell your home in the east, your OK. Presently this is how it is done in the East and West.
The resales office sells your home, they receive a 6% commission. The total amount of this money is given to the Lake Ashton Management. They keep 3% of the total sale and after 2-3 weeks the remainder of 3% is given to the resales office for their commission. Now if they sell a $400,000 home that amounts to $24,000 commission. $12,000 or 3% goes to the developer and $12,000 OR 3% goes the the resale office. Please note that the developer does nothing to sell your home.
Why is the developer receiving 3%? Simple, they give you a year of free golf worth about $3,500 which starts on the day you bought the house. Who has time to play golf when you just move in when repairs, painting and decorations has to be made on the house. And what happens when you don't play golf? Is this money given to charity? Does the developer give any money to charity?
Thursday, December 18, 2008
ATTORNEY'S ARE NOT DUMB
The Attorney's for the Lake Ashton developer looked at it this way, If they lost this case about displaying a "house for sale" sign in a garage, you would see every Tom, Dick and Harry placing their sign in their garage. As it turn out they made a wise decision to avoid going to trial. They knew they would lose this case. This indeed is going to far, taken our constitutional rights away. The main reason why he does not want you to sell your home is because he would lose 2% of the selling cost commission. Today on resales homes they have to pay the developer 2% on all sales. Resales is paid only 4% commission. If he would have lost this case. he could stand to lose millions.
Attorney's never proceeded with sign in garage "HOUSE FOR SALE"
Good to hear from you. We managed to sell our home and get out, evidently "while the getting was good". I sent e-mails and made phone calls to Jim & Louise Greenwood after they left but they didn't respond. I also believe that a "gag order" was part of his settlement and in fact he may have agreed to some dollar amount with the Ashton attorney, although he denied this. I contacted one law firm (they were confident that I had a case but wanted money "up front" with no guarantees), the State Attorney for Florida (now governor), the City of Lake Wales, the ACLU and two or three local politicians. In my case I acted as my own attorney and filed the appropriate responses as the respondent, not as a defendant. I have all of the documents associated with my case on file if you would like to have a copy. This case dragged on with the Ashton attorney wanting me to pay for their expenses WHICH I DID NOT DO. Finally, because nothing was happening I filed a request to abatement and vacate ALL charges; after some time the court required the claimant (Lake Ashton) to proceed or the case would be closed, Lake Ashton never proceeded and the case was dropped. I PAID NOTHING AND AGREED TO NOTHING, regardless of the rumors. I also went to the City of Lake Wales because of the numerous cracks that were in the concrete floors and block walls. There are code requirements for jointing (to relieve stresses and expansion properties) in concrete and block walls, neither was followed. With that said, you must read the 2002 Building Codes that had been adopted during the period that my home was being constructed. All of the customary codes were listed as being adopted by the State of Florida and The City of Lake Wales yet at the very end there was a statement, escape clause, if you will, that had been added to protect the home builders in that area. I also raised the same question concerning the shoddy construction of the clubhouse and other infrastructure and judging from some of the comments I've seen nothing has been done about either one.
WHERE HAVE ALLTHE CHRISTMAS LIGHTS GONE?
Have you notice that this year there are not that many Christmas lights on people homes here at Lake Ashtom. I guess the developer has taken too much of their money and now their home is dark or they are not too happy with what is going on here at Lake Ashton. Season's greetings everyone. Its going to be a dark Christmas.
SIGN @ TRUCK ISSUE
Having just recently discovered your "site"; it's nice to know that there may be light at the end of the tunnel. We have and are constantly being pounded with the customary
"Documents" that go along with "Associations". You have probably already heard of the "Truck Issue" here. Now comes the "Sign Issue", specifically, "By Owner Signs". Our section 5.21 states ALL SIGNS, yet only "Sale By Owner" signs are being targeted. That is most likely due to fact that "Lake Ashton Resales" desires to continue their monopoly concerning "resales". Out of 8 or 9 owners are trying to sell themselves, only two have been singled out for "selective enforcement" and served with "Summons". We have been here since Dec., 2003 and witnessed numerous violations not being enforced; some current, some long standing. I've filed my response with the Court but as you know it's not about the law, it's who has the most dollars.
"Documents" that go along with "Associations". You have probably already heard of the "Truck Issue" here. Now comes the "Sign Issue", specifically, "By Owner Signs". Our section 5.21 states ALL SIGNS, yet only "Sale By Owner" signs are being targeted. That is most likely due to fact that "Lake Ashton Resales" desires to continue their monopoly concerning "resales". Out of 8 or 9 owners are trying to sell themselves, only two have been singled out for "selective enforcement" and served with "Summons". We have been here since Dec., 2003 and witnessed numerous violations not being enforced; some current, some long standing. I've filed my response with the Court but as you know it's not about the law, it's who has the most dollars.
HOUSE FOR SALE BY OWNER
4/10/2006 ACLU of Florida 4500 Biscayne Blvd., Suite 340 Miami, Florida 33137 To Whom It May Concern; We have been residents of "Lake Ashton" since December 19, 2003. We were aware of the "Covenants, Conditions and Restrictions that were presented with and during the "closing" process. Section 5.21 (signs) prohibits ALL signs from being displayed or erected anywhere within the "community". Given the general abrasive environment that appears to exist in “ restricted communities ” we decided to sell our home. Now comes the problem; the enforcement of Section 5.21 has been “ selective and arbitrary ” , at best, until we put a “ for sale by owner ” sign up INSIDE our garage. Approximately (9) homeowners had similar signs, yet myself and one other was singled out and served with Summons. I don ’ t remember signing away my “ Constitutional Rights ” as a condition for living in “ Lake Ashton ” . The U.S. “ Supreme Court ” (1977 & 1995) rendered an opinion that “ banning residential signs violates the “ First Amendment ” . It also addressed the proliferation of signs, visual clutter and stated that “ one sign per house does not threaten visual clutter. We are confident that more temperate measures could in large part satisfy the regulatory needs without harm to the First Amendment rights of citizens. As currently framed, however, this ban abridges those rights ” . If I am required to remove all my signs from my garage just how far into the interior is considered “ in compliance ” ? Shouldn’t there be some limits on just how far a developer can go when promulgating any and all covenants, conditions and restrictions, which clearly diminish our basic rights? Individual liberties in the home have long been a part of our culture and our law(s). I will appreciate any advise or assistance that you may render. Sincerely,
Lake Ashton resident THIS RESIDENT HAS SOLD HIS HOME AND MOVED OUT OF LAKE ASHTON.
Lake Ashton resident THIS RESIDENT HAS SOLD HIS HOME AND MOVED OUT OF LAKE ASHTON.
Letter from a resident
Sir,
We are retired and after 3 years wish to relocate back to be near of children in Georgia. Our problem surfaced when we attempted to sell our home in Lake Ashton. It
appears that we signed away all of our "rights" when we moved in. I know, read the fine print. We put a "for sale by owner" sign INSIDE our garage. We have been threatened with forceful entry to remove same and served with a Summons because we put up a sign and went around "Lake Ashton Resales", which is owned by the developer. The (non-negotiable) 6% commission they charge will go along way in our relocation expenses. The covenants do prohibit signs of ANY kind, yet they only target "for sale by owner" signs while ignoring numerous other violations, including signs. The sign issue has been tested all the way to the Supreme Court and found to violate the First Amendment, yet the harassment continues. Can you assist us?
We are retired and after 3 years wish to relocate back to be near of children in Georgia. Our problem surfaced when we attempted to sell our home in Lake Ashton. It
appears that we signed away all of our "rights" when we moved in. I know, read the fine print. We put a "for sale by owner" sign INSIDE our garage. We have been threatened with forceful entry to remove same and served with a Summons because we put up a sign and went around "Lake Ashton Resales", which is owned by the developer. The (non-negotiable) 6% commission they charge will go along way in our relocation expenses. The covenants do prohibit signs of ANY kind, yet they only target "for sale by owner" signs while ignoring numerous other violations, including signs. The sign issue has been tested all the way to the Supreme Court and found to violate the First Amendment, yet the harassment continues. Can you assist us?
residents are being sued
In the CRF communities own by the developer, many residents are being sued and also being force to foreclosed on their retirement home if you don't agree with the rules of the community. more on this next week.
No Raise for Maintenance workers
Maintenance workers were promised a increase in salary 90 days upon being hired by a Temp company for Lake Ashton and never received a red cent after being there 2 years this person said. How can you hired someone, promised them a raise and turn your back on the deal. I only know of one person that can do this, can you?
Wednesday, December 17, 2008
Letter to the CDD Members on Dec12,2008
The Lake Ashton CDD Board of Supervisors:
Congratulations to the new board. Now that the residents have control of the CDD Board, it is my sincere hope that there will be some significant changes in how this Board functions.
I am requesting a time slot at the December 12 Board meeting to read the following two pages of work items that I hope this Board finds useful and willing to address. While I do not expect answers to all questions immediately, I certainly do expect answers within a reasonable period of time for each item. Items one and two should be addressed at the December 12 meeting and a status provided.
If requested, I am willing to work with the Board to address some of these items.
I remain a concerned resident of Lake Ashton,
Congratulations to the new board. Now that the residents have control of the CDD Board, it is my sincere hope that there will be some significant changes in how this Board functions.
I am requesting a time slot at the December 12 Board meeting to read the following two pages of work items that I hope this Board finds useful and willing to address. While I do not expect answers to all questions immediately, I certainly do expect answers within a reasonable period of time for each item. Items one and two should be addressed at the December 12 meeting and a status provided.
If requested, I am willing to work with the Board to address some of these items.
I remain a concerned resident of Lake Ashton,
Questions that needs to be Answered
Who owns the Sales Office Building? Was any Proposed CDD Work Items
1) Please provide a full explanation of the real estate tax issue pending with the CDD and Polk County. What is the current status?
2) Please provide a full explanation as to why the clubhouse bar license was suspended and what is being done to restore it.
3) The CDD should generate a spreadsheet of all required actions with required dates that involve the city, state and US government. This should be a G. Flint work item. I suspect that Item 2 would not have happened if this spreadsheet were in place and reviewed at every Board meeting.
4) If a resident of Lake Ashton is not a resident of Florida, that resident cannot vote in the CDD election. Elections rules need to be changed for CDD districts. G. Flint should determine what actions are required to get this resolved.
5) Require all CDD vendors to provide meaningful financial data, especially the restaurant and banquet facilities.
6) Review all CDD contracts to determine what changes are needed to ensure that the contracts protect the interests of LA residents and not the vendor. The CDD should be writing the contracts and not the vendor.
7 )Do the CDD contracts have an escape clause, for instance a 90 day termination clause? If not then rewrite the contracts. If necessary break the contracts and then re-bid them.
8 Create a long term maintenance and capital expense budget
a.Create a time line of projected maintenance and capital expense items. G. Flint should be able to provide this.
b.Determine a cost for each maintenance and capital expense item and include some appreciation factor. Again G. Flint should be able to provide this.
c.Factor these results into next year and subsequent years CDD Maintenance assessment.
d.All residents should pay their fair share of projected maintenance expenses not just those who happen to be there at the time the expense occurs.
9) J. Chickness provided the prior CDD Board with detail maintenance problems and they were never addressed in particular cracks in the exterior walls of the clubhouse and the roads. Does the new CDD Board have any leverage to get the developer to repair these problems?
10 )Review all utilities and insurance costs to determine if changes are required to reduce CDD expenses. Validate the answers to the following questions:
a.Who pays for the sales office utilities; who pays for the electricity when RVs are parked in the Sales Parking lot and are plugged in?
b.Who pays the electricity for pumping water into the ponds that are used to water the golf course? Who pays for watering the golf course?
c.Who pays for phone systems in the sales office, MX office, and management offices?
d.Does MX provide any funds to the CDD in return for using office space, insurance and electricity?
e.Who pays for electrical usage including A/C and insurance for the restaurant?
f.Should the management company reimburse the CDD for office space, electricity, phone service, and insurance?
11) Determine what the costs are for additional electrical metering or modifications to the phone system as a result of 5) and correct those items that are financially feasible.
12) Rewrite vendor contracts to insure that the vendors pay for their own electric, phone and insurance while using the CDD amenities.
13) Create a process to assure that all ballroom & meeting room rentals are in fact credited to CDD.
14) Create a usage policy for any persons or groups who use our facilities and earn a profit.
15) Review the LA Map and determine if all properties have been transferred to the CDD and validate this with the Polk County Assessors office.
16) Setup meetings with the special interest group on the roads to determine how the CDD can address the road issue.
17) Setup meetings with the Villages to determine what they did to get the courts to grant them many millions of dollars from their developer. I volunteer to be on that committee.
18) CDD money used to develop it?
1) Please provide a full explanation of the real estate tax issue pending with the CDD and Polk County. What is the current status?
2) Please provide a full explanation as to why the clubhouse bar license was suspended and what is being done to restore it.
3) The CDD should generate a spreadsheet of all required actions with required dates that involve the city, state and US government. This should be a G. Flint work item. I suspect that Item 2 would not have happened if this spreadsheet were in place and reviewed at every Board meeting.
4) If a resident of Lake Ashton is not a resident of Florida, that resident cannot vote in the CDD election. Elections rules need to be changed for CDD districts. G. Flint should determine what actions are required to get this resolved.
5) Require all CDD vendors to provide meaningful financial data, especially the restaurant and banquet facilities.
6) Review all CDD contracts to determine what changes are needed to ensure that the contracts protect the interests of LA residents and not the vendor. The CDD should be writing the contracts and not the vendor.
7 )Do the CDD contracts have an escape clause, for instance a 90 day termination clause? If not then rewrite the contracts. If necessary break the contracts and then re-bid them.
8 Create a long term maintenance and capital expense budget
a.Create a time line of projected maintenance and capital expense items. G. Flint should be able to provide this.
b.Determine a cost for each maintenance and capital expense item and include some appreciation factor. Again G. Flint should be able to provide this.
c.Factor these results into next year and subsequent years CDD Maintenance assessment.
d.All residents should pay their fair share of projected maintenance expenses not just those who happen to be there at the time the expense occurs.
9) J. Chickness provided the prior CDD Board with detail maintenance problems and they were never addressed in particular cracks in the exterior walls of the clubhouse and the roads. Does the new CDD Board have any leverage to get the developer to repair these problems?
10 )Review all utilities and insurance costs to determine if changes are required to reduce CDD expenses. Validate the answers to the following questions:
a.Who pays for the sales office utilities; who pays for the electricity when RVs are parked in the Sales Parking lot and are plugged in?
b.Who pays the electricity for pumping water into the ponds that are used to water the golf course? Who pays for watering the golf course?
c.Who pays for phone systems in the sales office, MX office, and management offices?
d.Does MX provide any funds to the CDD in return for using office space, insurance and electricity?
e.Who pays for electrical usage including A/C and insurance for the restaurant?
f.Should the management company reimburse the CDD for office space, electricity, phone service, and insurance?
11) Determine what the costs are for additional electrical metering or modifications to the phone system as a result of 5) and correct those items that are financially feasible.
12) Rewrite vendor contracts to insure that the vendors pay for their own electric, phone and insurance while using the CDD amenities.
13) Create a process to assure that all ballroom & meeting room rentals are in fact credited to CDD.
14) Create a usage policy for any persons or groups who use our facilities and earn a profit.
15) Review the LA Map and determine if all properties have been transferred to the CDD and validate this with the Polk County Assessors office.
16) Setup meetings with the special interest group on the roads to determine how the CDD can address the road issue.
17) Setup meetings with the Villages to determine what they did to get the courts to grant them many millions of dollars from their developer. I volunteer to be on that committee.
18) CDD money used to develop it?
Tuesday, December 16, 2008
Give an inch, take a mile
Last month it was Bingo money, this month, Monday morning coffee money, next month there will be a toll road leading into Lake Ashton, place a quarter in the slot or you don't get in.. Hay, you never know about the developer.
BINGO
BINGO must pay $300.00 on Monday to rent the ballroom from the developer. It seems like a lot of outsiders are playing BINGO.
Crime on the golf course
I was talking to a Lake Ashton resident and he told me his window got broken 3 times and no one came forward. Joe Hunter only hollers at the fisherman fishing off the bridge on the fifth hole. Never does he write anything about the break and run golfers that breaks windows. Saw nothing, hear nothing, done nothing. This is Lake Ashton Golfers or Joe Hunter Friends. Golf Cart patrol need not go too far to see crime in the act. Open your eyes Joe Hunter, what would you do if your window got broken, have a party, or bitch at the fisherman?
DOUBLE DIPPING
UPDATE 12/21/08
It is true that Joe Hunter and Tricia Adams are also over seeing a new development owned by our developer and they are absent from Lake Ashton two days a week. This new development will have assistant living in addition to a private community. Are they planing to have Assistant Living here. The name of the other community is Vienna Square, call them and asked for Joe Hunter or Tricia Adams at 863-326-5639. Are we paying for them at Vienna Square in Winter Haven?
It is true that Joe Hunter and Tricia Adams are also over seeing a new development owned by our developer and they are absent from Lake Ashton two days a week. This new development will have assistant living in addition to a private community. Are they planing to have Assistant Living here. The name of the other community is Vienna Square, call them and asked for Joe Hunter or Tricia Adams at 863-326-5639. Are we paying for them at Vienna Square in Winter Haven?
CENTER STATE BANK
HAVE YOU EVER SEEN ANYTHING LIKE THIS, OWNER, PARTNER, FIVE (5) PRESIDENTS,YES FIVE PRESIDENTS, TWO (2) CEO'S, TWO (2) CHAIRMAN'S, WHO IS THE TOP MAN IN THIS BANK? IT APPEARS TO BE GEORGE H. CAREFOOT.
HERE IS A LIST OF THE BOARD OF DIRECTORS AND MANAGEMENT OF THIS BANK
BRUCE A. DAVIS, PRESIDENT
WES DONLEY, PREDIDENT
LAWRENCE W. MAXWELL, CHAIRMAN
WILLIAM K. PEU JR, EVP OF RETAIL OPERATIONS
GEORGE H. CAREFOOT, CHAIRMAN OF THE BOARD
BRUCE INGRAM JR, PRESIDENT
THOMAS E OAKLEY, PRESIDENT
J. THOMAS ROCKER, INVESTOR
JOHN C. CERBETT, PRESIDENT & CEO
TIMOTHY A. TRBY, PARTNER
E. B. PINNER, CHAIRMAN, PRESIDENT & CEO
RODNEY M. SURRENCY, OWNER
In 2006 First National & Center Street Bank merge to become Center Street of Florida with over 400 million in assets with 12 offices in Poke County.
HERE IS A LIST OF THE BOARD OF DIRECTORS AND MANAGEMENT OF THIS BANK
BRUCE A. DAVIS, PRESIDENT
WES DONLEY, PREDIDENT
LAWRENCE W. MAXWELL, CHAIRMAN
WILLIAM K. PEU JR, EVP OF RETAIL OPERATIONS
GEORGE H. CAREFOOT, CHAIRMAN OF THE BOARD
BRUCE INGRAM JR, PRESIDENT
THOMAS E OAKLEY, PRESIDENT
J. THOMAS ROCKER, INVESTOR
JOHN C. CERBETT, PRESIDENT & CEO
TIMOTHY A. TRBY, PARTNER
E. B. PINNER, CHAIRMAN, PRESIDENT & CEO
RODNEY M. SURRENCY, OWNER
In 2006 First National & Center Street Bank merge to become Center Street of Florida with over 400 million in assets with 12 offices in Poke County.
Monday, December 15, 2008
Crime Watch
How effective are the boys on the golf carts, with the little yellow lights on top of their golf carts looking for trouble in the community. If you want a opinion, you can have mine. Not too effective. If you see a person going in the back door, what are you going to do? Call the police? Or go after him with the golf cart? Maybe he's the owner. You jump him, he is injured, and then you get sued. Your on your own.
When you enter this type of position, and something happens, Don't expect anyone to come forward to help you, good luck.
When you enter this type of position, and something happens, Don't expect anyone to come forward to help you, good luck.
Sunday, December 14, 2008
Monday Morning Coffee/Danish Money
Would you believe that all money from the sale of coffee and danish must go to the restaurant because they provide the coffee machine and help, before this it went to the HOA. But the coffee pot belongs to the CDD and that's us. Doughtnuts are sometimes provided free from the residents at their cost. What am I missing? I did not realize that the developer is in that bad of shape. Maybe we ought to take up a collection?
Screen in Lanai at Lake Ashton Grill
Joe Hunter asked for only two bids to screen in the outside Lanai next to the Lake Ashton Grill. First of all three bids should always be in writing and send out, not two. He received one for $5,890.00 and the other for $3,750.00 a $2140.00 difference. What is going on here? We are having trouble with the Lake Ashton Grill and the Developer with all the paid expenses by the homeowner and now we want to build him a screen in Lanai at the homeowners expense. Is someone losing their marbles? Wake up Lake Ashton residents, We are being taken in and no one seems to care? Give me a break. I have never seen anything like this in my life. A fool in every crowd.
Saturday, December 13, 2008
Fees Divide Residents Of Golf Community
Article Courtesy of The Tampa Tribune
By Laura Kinsler
Published December 7, 2008
SAN ANTONIO - For the first time in Tampa Bay Golf & Country Club history, a resident will have a vote Monday on the homeowners association budget.
But as the community gets a voice, homeowners are divided into two factions. One group, led by former homeowner representative Dom Gualtieri, thinks homeowners have been wrongly charged for fees that should have been paid by developers.
Joan Hedlund, who heads the neighborhood association for the Deer Hollow subdivision, will take her seat at 10 a.m. Monday on the association's board of directors. She will be joined by two executives from Engle Homes, the South Florida-based home builder in Chapter 11 bankruptcy.
The proposed budget would raise homeowners' fees $9 per month. But Gualtieri and his supporters say the residents in the retirement community already pay too much. He said homeowners shouldn't be paying to maintain ponds on the community's golf course, which is still owned by a previous developer.
The pond maintenance expense was shifted to the homeowners association in 2005, when then-developer Transeastern Homes merged with Engle's parent company, TOUSA. The association has paid $138,000 during the past three years for pond maintenance.
"We are paying for ponds that are owned by the golf course," Gualtieri said.
Hedlund disputes his conclusion. She said ponds are part of a continuous drainage system for the 1,500-home community, and that Swiftmud ordered the association to assume maintenance of the entire system.
"I personally don't think there's any legitimacy to what they're saying," Hedlund said.
The Owners Council has raised several other concerns: that the homeowners association has been paying a water bill for the golf course and the streetlight bill in a developer-controlled area where there are no homes. The streetlights in the back of the community cost nearly $12,000 a year.
Basil Grussing, another homeowner, said streetlights are necessary for security because Engle has model homes in that section of the community. Besides, Engle paid the association more than $235,000 in 2008, which more than makes up for the cost of the streetlights.
"They are trying to market and sell homes," he said. "The lights should be on."
Engle has eight homes in the permit stage and expects to start construction later this month, vice president Rick Feather said.
Feather, who chairs the homeowners association, said the complaint about the water bill was accurate. The golf club will reimburse the association nearly $14,000.
By Laura Kinsler
Published December 7, 2008
SAN ANTONIO - For the first time in Tampa Bay Golf & Country Club history, a resident will have a vote Monday on the homeowners association budget.
But as the community gets a voice, homeowners are divided into two factions. One group, led by former homeowner representative Dom Gualtieri, thinks homeowners have been wrongly charged for fees that should have been paid by developers.
Joan Hedlund, who heads the neighborhood association for the Deer Hollow subdivision, will take her seat at 10 a.m. Monday on the association's board of directors. She will be joined by two executives from Engle Homes, the South Florida-based home builder in Chapter 11 bankruptcy.
The proposed budget would raise homeowners' fees $9 per month. But Gualtieri and his supporters say the residents in the retirement community already pay too much. He said homeowners shouldn't be paying to maintain ponds on the community's golf course, which is still owned by a previous developer.
The pond maintenance expense was shifted to the homeowners association in 2005, when then-developer Transeastern Homes merged with Engle's parent company, TOUSA. The association has paid $138,000 during the past three years for pond maintenance.
"We are paying for ponds that are owned by the golf course," Gualtieri said.
Hedlund disputes his conclusion. She said ponds are part of a continuous drainage system for the 1,500-home community, and that Swiftmud ordered the association to assume maintenance of the entire system.
"I personally don't think there's any legitimacy to what they're saying," Hedlund said.
The Owners Council has raised several other concerns: that the homeowners association has been paying a water bill for the golf course and the streetlight bill in a developer-controlled area where there are no homes. The streetlights in the back of the community cost nearly $12,000 a year.
Basil Grussing, another homeowner, said streetlights are necessary for security because Engle has model homes in that section of the community. Besides, Engle paid the association more than $235,000 in 2008, which more than makes up for the cost of the streetlights.
"They are trying to market and sell homes," he said. "The lights should be on."
Engle has eight homes in the permit stage and expects to start construction later this month, vice president Rick Feather said.
Feather, who chairs the homeowners association, said the complaint about the water bill was accurate. The golf club will reimburse the association nearly $14,000.
Restaurant for lease, cheap
When the lease ran out in October, 2008 George Flint ran an ad to rent the Lake Ashton Grill to the highest bidder. They only ran the ad ONE DAY. They just so happen to get the developer to renew his lease for three more years. What a joke. This is what the law of Florida says one day is all that is required. It is all Big Business policies here in Florida, screw the residents. That is how he got to renew the restaurant again for three more years for $50,000 with all expenses and we get ripped off. Thanks to the old CDD members, good friends to the developer.
Friday, December 12, 2008
pressure wash club house every month
Update Dec 3, 2008
Would you believe they pressure wash the clubhouse every month. Yes, every month.
Joe's friends are making money while we are heading for the poor house. Nobody does this to their home every month. Joe Hunter has a answer for this one. Call him at 863-324-5457. You will be lucky to get an answer because he told me he has 900 people he has to talk to here at Lake Ashton before he calls you back.
The total power wash cost is $23,400 a year or $1,950/mo
Would you believe they pressure wash the clubhouse every month. Yes, every month.
Joe's friends are making money while we are heading for the poor house. Nobody does this to their home every month. Joe Hunter has a answer for this one. Call him at 863-324-5457. You will be lucky to get an answer because he told me he has 900 people he has to talk to here at Lake Ashton before he calls you back.
The total power wash cost is $23,400 a year or $1,950/mo
Jeffery Salvin, President of CDD committee
Lets us all praise Jeff Salvin for the fantastic and outstanding job he is doing. He is not afraid to stand up to George Flint, Larry Maxwell Lawyer. Jeff is president of the CDD and he knows his stuff and we should do all we can to help him out. He is not afraid to stand up and be heard. Sometimes in the next few weeks he will have a talk with Larry Maxwell the developer on the Lake Ashton Grill rip off. Please see other blogs on this story. Good luck Jeff. Lets hope we can get a new contract and get some of this money back to the residents, the other contract stinks.
GUARD HOUSE ROOF LEAKS
Every month the electric bill is approx $400.00. So we ask the guard why is the electric bill so high? He says the roof leaks and we leave the A/C on 24 hours a day, 7 days a week to keep the guard house from being so damp. Every time I drive by the guard door is always open. Yes we pay for this stupidity. What is going on in Lake Ashton, doesn't Joe Hunter notice this or is he sound asleep in his windowless office with his door locked.
WE GOT ROBBED
The developer rented the restaurant for just $50,000 a year from the CDD.. We pay the taxes $69,000 on the clubhouse, pay the water and sewer, Electric which runs about $280,000 a year, kitchen cleaning, dishes, silverware, linen cloths, candles, glasses, upkeep in the restaurant, maintenance, window cleaning, repairs and get this. In case of fire which could happen, we pay the insurance. Not a bad deal. This guy owns 23 CRF communities and he doesn't make enough money. You people that are reading this blog, every time you go to the grill expect us to pay 5-10 cents more in maintenance fees. Yes, we pay all the bills and this guy gets all the money $1,000,000 to $1,500,000 profit from the grill. This guy is not dumb, we are.
Joe Hunter evades the question
Once again Joe Hunter doesn't answer the question. The question was how much crime do we have at Lake Ashton? He says none since we had crime watch. How about prior to crime watch, no you won't get an answer, I am asking the reader of this blog to call Joe Hunter 863-324-5457 and get a straight answer and post it to this blog. I know the answer do you? Call Joe.
Thursday, December 11, 2008
DON'T MOVE TO FRAUD FRIENDLY FLORIDA
The whole world got a great laugh out of the election disaster in 2000. Whatever camp you sided with didn't matter. It was embarrassing to live in Florida and be part of this comedy!
But instead of trying to improve things, the comedy continued. Miami-Dade County just found out that they spent $24.5 million for 7,200 voting machines -- and a system not adequate for the county's needs.
But while many of us are still able to laugh about it, there are many issues in daily life no retiree can laugh about. Although we may be attractive as the
money-makers of the Florida economy, nobody is willing to protect our rights, especially nobody in Tallahassee.
“Aggressive advertising” was cited as a way to attract retirees to Florida. In July 2002 Governor Bush had created the Destination Florida Commission to evaluate our competitive position to attract retirees and to make recommendations for the future that would make Florida more retiree friendly. A final report showed that “aggressive advertising” would achieve that goal!
The warnings of many citizens during the public hearings were plainly ignored. Read the final report of this Commission and it becomes obvious that the people in charge are clearly opting for quantity, not for quality!
Who runs the show in Florida? NOT the citizens! Industry, especially the housing industry, relies heavily on retirees. Meanwhile, our state government follows their lead to lure more elderly, trusting people to Florida without improving their living conditions.
For many years homeowners' activists from all over Florida have called for reforms of the laws regulating the housing industry. There are many laws -- looking great on paper -- but without any teeth. The existing laws are more or less used to appease the consumers who ask questions. Only after you fall for all the great words backed up by fraudulent contracts and promises, you will find out that these laws are more or less unenforceable. Your own money will even help to defend the violations against YOU!
Many Florida Statutes will give consumers a false sense of security. However, if you do not have large sums of money available to pay for legal fees, your chances to defend your rights are very small. Even then the outcome of these lengthy and frustrating lawsuits are very dubious, to say the least.
Retirees in Florida are losing their homes to foreclosure, not because they didn't pay their bills as required, but because the laws of Florida leave them unprotected.
Little mistakes might cost you your home and your life-savings!
The nice lady organizing the social potluck dinner in your community might be the wife of the board president of your association. So don't bring the wrong cake! You might find yourself at the wrong side of violation letters -- like bushes not trimmed or too many weeds! And some of these associations are very eager to enforce these "violations" by putting liens on your property and then foreclosing on it. You wouldn't be the first kicked out of your own home by a deputy with your private belongings next to you on the curb.
Just read the many stories about problems in these homeowners' associations or the Condo-wars raging in South Florida!
And there are some real horror stories like the story of the homeowners in the Eagles Reserve HOA in Pinellas County, where most likely more than 120 homeowners will either lose their home or have to pay more than $100,000 on top of the original purchase price. Their pleas to government agencies were ignored. These citizens, many retirees among them, are left to fend for themselves. An unbelievable example of the huge problems!
In the last two sessions of the Florida Legislature so-called Task Force bills were introduced. In both cases the members of the Florida House of Representatives made serious efforts -- 14 members sponsored the bill. But in both years the Senate made sure it failed. While the bill was totally ignored by the Senate in 2002, Senate members in 2003 changed the wording before the first committee hearing and were unwilling to listen to amendment proposals. In the end, homeowners' activists had to ask House members to kill the bill for fear it would do more damage than good! Please read the article:"HOW TO KILL A PERFECTLY GOOD IDEA!"
Our Governor who could create a Task Force by executive order to circumvent the obviously non-functioning legislative process, has been approached twice. So far he has not responded.
Common Sense would dictate, as it does in normal business, that improvements are necessary to attract more retirees. But where is Common Sense? Most likely not in our State's government!
Admittedly, retirees are BIG business. It is obvious that Florida is trying to attract more retirees to get their money -- without being willing to protect their rights. Retirees from all over the nation should heed the warning of the ones who have already fallen into this trap of a warm climate:
DON'T MOVE TO FRAUD FRIENDLY FLORIDA !
Stay where you are, even if you have to shovel snow! You're definitely much better off shoveling snow than losing your shirt!
But instead of trying to improve things, the comedy continued. Miami-Dade County just found out that they spent $24.5 million for 7,200 voting machines -- and a system not adequate for the county's needs.
But while many of us are still able to laugh about it, there are many issues in daily life no retiree can laugh about. Although we may be attractive as the
money-makers of the Florida economy, nobody is willing to protect our rights, especially nobody in Tallahassee.
“Aggressive advertising” was cited as a way to attract retirees to Florida. In July 2002 Governor Bush had created the Destination Florida Commission to evaluate our competitive position to attract retirees and to make recommendations for the future that would make Florida more retiree friendly. A final report showed that “aggressive advertising” would achieve that goal!
The warnings of many citizens during the public hearings were plainly ignored. Read the final report of this Commission and it becomes obvious that the people in charge are clearly opting for quantity, not for quality!
Who runs the show in Florida? NOT the citizens! Industry, especially the housing industry, relies heavily on retirees. Meanwhile, our state government follows their lead to lure more elderly, trusting people to Florida without improving their living conditions.
For many years homeowners' activists from all over Florida have called for reforms of the laws regulating the housing industry. There are many laws -- looking great on paper -- but without any teeth. The existing laws are more or less used to appease the consumers who ask questions. Only after you fall for all the great words backed up by fraudulent contracts and promises, you will find out that these laws are more or less unenforceable. Your own money will even help to defend the violations against YOU!
Many Florida Statutes will give consumers a false sense of security. However, if you do not have large sums of money available to pay for legal fees, your chances to defend your rights are very small. Even then the outcome of these lengthy and frustrating lawsuits are very dubious, to say the least.
Retirees in Florida are losing their homes to foreclosure, not because they didn't pay their bills as required, but because the laws of Florida leave them unprotected.
Little mistakes might cost you your home and your life-savings!
The nice lady organizing the social potluck dinner in your community might be the wife of the board president of your association. So don't bring the wrong cake! You might find yourself at the wrong side of violation letters -- like bushes not trimmed or too many weeds! And some of these associations are very eager to enforce these "violations" by putting liens on your property and then foreclosing on it. You wouldn't be the first kicked out of your own home by a deputy with your private belongings next to you on the curb.
Just read the many stories about problems in these homeowners' associations or the Condo-wars raging in South Florida!
And there are some real horror stories like the story of the homeowners in the Eagles Reserve HOA in Pinellas County, where most likely more than 120 homeowners will either lose their home or have to pay more than $100,000 on top of the original purchase price. Their pleas to government agencies were ignored. These citizens, many retirees among them, are left to fend for themselves. An unbelievable example of the huge problems!
In the last two sessions of the Florida Legislature so-called Task Force bills were introduced. In both cases the members of the Florida House of Representatives made serious efforts -- 14 members sponsored the bill. But in both years the Senate made sure it failed. While the bill was totally ignored by the Senate in 2002, Senate members in 2003 changed the wording before the first committee hearing and were unwilling to listen to amendment proposals. In the end, homeowners' activists had to ask House members to kill the bill for fear it would do more damage than good! Please read the article:"HOW TO KILL A PERFECTLY GOOD IDEA!"
Our Governor who could create a Task Force by executive order to circumvent the obviously non-functioning legislative process, has been approached twice. So far he has not responded.
Common Sense would dictate, as it does in normal business, that improvements are necessary to attract more retirees. But where is Common Sense? Most likely not in our State's government!
Admittedly, retirees are BIG business. It is obvious that Florida is trying to attract more retirees to get their money -- without being willing to protect their rights. Retirees from all over the nation should heed the warning of the ones who have already fallen into this trap of a warm climate:
DON'T MOVE TO FRAUD FRIENDLY FLORIDA !
Stay where you are, even if you have to shovel snow! You're definitely much better off shoveling snow than losing your shirt!
55 and over
In just a few short years and for the first time ever, a very large proportion of the North American population will all be over 55 years old.
Clubhouse Electric Meter
When the veterans memorial was put up they had to get their own meter untill they found out how much it would cost. No new meter. Joe Hunter and the veterans agree to pay the CDD $10.00 a month for use of the electricity. The developer runs the restaurant and ballroom and the CDD runs the rest of the building all with the same meter. Please explain this to me. Veterans pay $10.00/mo and the CDD pay $280,000 for most of the clubhouse. The restaurant and ballroom pays nothing. This doesn't make sense. What a deal. Another sucker.
New laws require certification forms
Article Courtesy of The Sun Sentinel
By Fallan Patterson
Published December 11, 2008
As the condo election season revs up, the Florida condo ombudsman office is offering classes to educate condo board candidates about the laws, as per a change this year to the Condominium Act.
Any unit owner wanting to run for the board must submit a signed form provided by the Division of Business and Professional Regulation, which certifies that he or she has read and understands to the best of their ability the governing documents of the association, Condominium Act and administrative rules.
This form, available online at the Division's Web site and sent to each unit owner after it is signed, must be returned to the Division by the candidates no fewer than 35 days prior to the election.
"If I were a board member, I'd want to take these courses to be educated," said Bill Raphan, head of the ombudsman's satellite office in Fort Lauderdale.
Raphan and his wife, Susan, began teaching classes three years ago and hope to clarify any condo laws and regulations for unit owners considering running for office.
These courses are specific, comprehensive classes that have mock meetings and elections and have a graded quiz at the end.
"I feel it's helpful to [board members] to have someone who knows the law and can explain it to them," said Colleen Donahue, interim state condo ombudsman, about the classes.
Rep. Julio Robaina, who sponsored and passed the Condominium Act, said this particular section of the bill insures condo boards are fair and lawful.
"If you elect someone, you know they will understand the laws and know their responsibilities," Robaina said.
By Fallan Patterson
Published December 11, 2008
As the condo election season revs up, the Florida condo ombudsman office is offering classes to educate condo board candidates about the laws, as per a change this year to the Condominium Act.
Any unit owner wanting to run for the board must submit a signed form provided by the Division of Business and Professional Regulation, which certifies that he or she has read and understands to the best of their ability the governing documents of the association, Condominium Act and administrative rules.
This form, available online at the Division's Web site and sent to each unit owner after it is signed, must be returned to the Division by the candidates no fewer than 35 days prior to the election.
"If I were a board member, I'd want to take these courses to be educated," said Bill Raphan, head of the ombudsman's satellite office in Fort Lauderdale.
Raphan and his wife, Susan, began teaching classes three years ago and hope to clarify any condo laws and regulations for unit owners considering running for office.
These courses are specific, comprehensive classes that have mock meetings and elections and have a graded quiz at the end.
"I feel it's helpful to [board members] to have someone who knows the law and can explain it to them," said Colleen Donahue, interim state condo ombudsman, about the classes.
Rep. Julio Robaina, who sponsored and passed the Condominium Act, said this particular section of the bill insures condo boards are fair and lawful.
"If you elect someone, you know they will understand the laws and know their responsibilities," Robaina said.
HOMEOWNERS DEMAND REFORMS AND ENFORCEMENT
An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
Published December 8, 2008
Nearly 300 owners attended the CCFJ Town Hall Meeting on Saturday, December 6, 2008 in Punta Gorda in the meeting hall of the Lutheran Church of the Cross. Even locals were surprised that so many interested citizens attended the meeting.
From Left: Attorney Barbara Stage, State Rep. Julio Robaina, CCFJ President Jan Bergemann, CCFJ Area Rep. Kim Jakubaitis, Mark Benson (Member of RCCAM), State Rep. Ken Roberson, State Rep. Paige Kreegel, County Commissioner Bob Starr.
A very committed panel listened to the presentations of nearly 40 members of the audience -- from reports of embezzlement to fraud and kickbacks, from dictatorial behavior and harassment to limitations of freedom of speech. Most likely caused by the specifics of this area, many demands were heard for legislative reforms to rein in the power of developers and to increase financial responsibility
It is very obvious that the bad economy clearly highlights the downfall of the association system. Instead of protecting property values -- as promised to interested buyers -- these associations turn more and more into a financial liability for financially responsible homeowners.
Representative Julio Robaina made it very clear that the legislators are keenly aware of the financial problems caused by many foreclosures in these associations. Robaina promised that a bill will be proposed ASAP -- maybe even in a special session called regarding the Florida budget shortfall -- that will deal with serious improvement in Florida's foreclosure laws for homeowners' and condo owners' associations.
A lengthy discussion covered the problem of protecting association funds against embezzlement and other criminal mischief. The sad example of the Charlotte Square Condominiums showed that a lot more needs to be done to protect the owners' money and to prosecute the criminals. It is not reasonable to expect that the owners who have already suffered serious financial losses would be required to pay a special assessment to find out where their money went, how much money actually "disappeared" and to pay for legal representation to recover minimum part of their money. Where is the accountability of the management company that the owners trusted with their money? A management company that isn't able to protect the money it was in charge of shouldn't be allowed to stay in business. More CAM regulation -- and stricter enforcement -- is needed!
In regards to many questions from the audience Mark Benson explained that as of January 1, 2009 Community Association Management firms are to be licensed. That goes as well for developers who provide management services. With the changes to 468 F.S. CAM s accept the responsibility to provide guidance and direction to an association and indemnify the client association from liability if they do not provide the proper advice.
Another serious issue: Irresponsible association attorneys. Members of homeowners' associations have no agency to turn to for help. But board members and owners have to understand that “opinions” from attorneys are not the law and not the gospel. They are just opinions -- coming without any warranty! And we all know that there are association attorneys who like to twist the statutes and are going so far as telling boards not to worry if they violate any statutes, since 95% of
all homeowners don’t have the money to fight for their rights.
The majority of complaints were exactly the same we heard all over the State of Florida , clearly contradicting the claim of special interests that real problems in associations only exist in the Tri-County area of South Florida .
The dysfunctional DBPR was again target of many complaints of the citizens. A few speakers claimed it to be the most useless Florida government agency. The citizens’ complaints didn’t agree with the new DBPR Secretary Chuck Drago’s claim in his latest newsletter that attendees of his "On the Road to Better Business" tour had great things to say about the people who work for the DBPR. Quote: "It takes great people to affect change, and we’re fortunate to have a wonderful team." Another DBPR Secretary running around with blinders who doesn't want to listen to the facts? Tallahassee must have an unlimited supply of bureaucrats who have hearing problems!
This town hall meeting showed again how important it is to create legislative reforms to protect the owners living in Florida 's associations, no matter if their associations are regulated by FS 190 (CDD), FS 718 (Condo), FS 719 (Co-Op), FS 720 (HOA), FS 721 (Timeshares) and FS 723 (Mobile Home Parks). And it surely isn't enough if the laws are changed -- without strict and fast enforcement these laws would be useless. Florida 's owners living in associations need protection.
A large majority of the attendees -- by show of hands -- was in favor of a regulatory agency for homeowners' associations and are willing to pay for it! Representative Julio Robaina made sure that this question was answered by the people in attendance, because special interests often accuse him of trying to micromanage Florida 's associations -- against the will of the people living in these associations. For financial reasons, special interest service providers and certain board members may be against regulation, but the citizens definitely are not!
CCFJ Area Representative Kim Jakubaitis made it very clear what owners hope to see accomplished in the next legislative session (quote): "We expect the Florida legislature to safeguard our largest investment, our homes. Defend our rights as homeowners, by enacting laws that shield us from the abuses, financial and otherwise, that we currently have no protection against."
All three Florida legislators present promised their strong support for upcoming HOA Reforms to be sponsored by Representative Julio Robaina.
Representative Paige Kreegel remarked that after hearing the presentations today he wants to work closely with Representative Julio Robaina to achieve HOA Reform legislation.
Representative Ken Roberson even went a step further when he promised Representative Julio Robaina that he will definitely "Co-sponsor the HOA Reform Bill."
In his closing remarks State Representative Julio Robaina promised homeowners that"HELP IS ON THE WAY!" He will work very hard to accomplish the goals discussed in the town hall meetings and the proposals made in the CCFJ HOA REFORM SURVEY. "It is really important to protect the welfare of Florida's families living in associations. A HOA reform bill is being written and will be proposed to the Florida legislature!"
As much as we heard positive things in regard to upcoming reforms, we owners have to be vigilant and make sure that our voices are heard all the way to Tallahassee . All the owners who want the help of our legislators to create the necessary laws should never forget: These legislators need our help and support to convince their colleagues that reforms are needed.
President, Cyber Citizens For Justice, Inc.
Published December 8, 2008
Nearly 300 owners attended the CCFJ Town Hall Meeting on Saturday, December 6, 2008 in Punta Gorda in the meeting hall of the Lutheran Church of the Cross. Even locals were surprised that so many interested citizens attended the meeting.
From Left: Attorney Barbara Stage, State Rep. Julio Robaina, CCFJ President Jan Bergemann, CCFJ Area Rep. Kim Jakubaitis, Mark Benson (Member of RCCAM), State Rep. Ken Roberson, State Rep. Paige Kreegel, County Commissioner Bob Starr.
A very committed panel listened to the presentations of nearly 40 members of the audience -- from reports of embezzlement to fraud and kickbacks, from dictatorial behavior and harassment to limitations of freedom of speech. Most likely caused by the specifics of this area, many demands were heard for legislative reforms to rein in the power of developers and to increase financial responsibility
It is very obvious that the bad economy clearly highlights the downfall of the association system. Instead of protecting property values -- as promised to interested buyers -- these associations turn more and more into a financial liability for financially responsible homeowners.
Representative Julio Robaina made it very clear that the legislators are keenly aware of the financial problems caused by many foreclosures in these associations. Robaina promised that a bill will be proposed ASAP -- maybe even in a special session called regarding the Florida budget shortfall -- that will deal with serious improvement in Florida's foreclosure laws for homeowners' and condo owners' associations.
A lengthy discussion covered the problem of protecting association funds against embezzlement and other criminal mischief. The sad example of the Charlotte Square Condominiums showed that a lot more needs to be done to protect the owners' money and to prosecute the criminals. It is not reasonable to expect that the owners who have already suffered serious financial losses would be required to pay a special assessment to find out where their money went, how much money actually "disappeared" and to pay for legal representation to recover minimum part of their money. Where is the accountability of the management company that the owners trusted with their money? A management company that isn't able to protect the money it was in charge of shouldn't be allowed to stay in business. More CAM regulation -- and stricter enforcement -- is needed!
In regards to many questions from the audience Mark Benson explained that as of January 1, 2009 Community Association Management firms are to be licensed. That goes as well for developers who provide management services. With the changes to 468 F.S. CAM s accept the responsibility to provide guidance and direction to an association and indemnify the client association from liability if they do not provide the proper advice.
Another serious issue: Irresponsible association attorneys. Members of homeowners' associations have no agency to turn to for help. But board members and owners have to understand that “opinions” from attorneys are not the law and not the gospel. They are just opinions -- coming without any warranty! And we all know that there are association attorneys who like to twist the statutes and are going so far as telling boards not to worry if they violate any statutes, since 95% of
all homeowners don’t have the money to fight for their rights.
The majority of complaints were exactly the same we heard all over the State of Florida , clearly contradicting the claim of special interests that real problems in associations only exist in the Tri-County area of South Florida .
The dysfunctional DBPR was again target of many complaints of the citizens. A few speakers claimed it to be the most useless Florida government agency. The citizens’ complaints didn’t agree with the new DBPR Secretary Chuck Drago’s claim in his latest newsletter that attendees of his "On the Road to Better Business" tour had great things to say about the people who work for the DBPR. Quote: "It takes great people to affect change, and we’re fortunate to have a wonderful team." Another DBPR Secretary running around with blinders who doesn't want to listen to the facts? Tallahassee must have an unlimited supply of bureaucrats who have hearing problems!
This town hall meeting showed again how important it is to create legislative reforms to protect the owners living in Florida 's associations, no matter if their associations are regulated by FS 190 (CDD), FS 718 (Condo), FS 719 (Co-Op), FS 720 (HOA), FS 721 (Timeshares) and FS 723 (Mobile Home Parks). And it surely isn't enough if the laws are changed -- without strict and fast enforcement these laws would be useless. Florida 's owners living in associations need protection.
A large majority of the attendees -- by show of hands -- was in favor of a regulatory agency for homeowners' associations and are willing to pay for it! Representative Julio Robaina made sure that this question was answered by the people in attendance, because special interests often accuse him of trying to micromanage Florida 's associations -- against the will of the people living in these associations. For financial reasons, special interest service providers and certain board members may be against regulation, but the citizens definitely are not!
CCFJ Area Representative Kim Jakubaitis made it very clear what owners hope to see accomplished in the next legislative session (quote): "We expect the Florida legislature to safeguard our largest investment, our homes. Defend our rights as homeowners, by enacting laws that shield us from the abuses, financial and otherwise, that we currently have no protection against."
All three Florida legislators present promised their strong support for upcoming HOA Reforms to be sponsored by Representative Julio Robaina.
Representative Paige Kreegel remarked that after hearing the presentations today he wants to work closely with Representative Julio Robaina to achieve HOA Reform legislation.
Representative Ken Roberson even went a step further when he promised Representative Julio Robaina that he will definitely "Co-sponsor the HOA Reform Bill."
In his closing remarks State Representative Julio Robaina promised homeowners that"HELP IS ON THE WAY!" He will work very hard to accomplish the goals discussed in the town hall meetings and the proposals made in the CCFJ HOA REFORM SURVEY. "It is really important to protect the welfare of Florida's families living in associations. A HOA reform bill is being written and will be proposed to the Florida legislature!"
As much as we heard positive things in regard to upcoming reforms, we owners have to be vigilant and make sure that our voices are heard all the way to Tallahassee . All the owners who want the help of our legislators to create the necessary laws should never forget: These legislators need our help and support to convince their colleagues that reforms are needed.
Paul Pontius gives money for decorations
Again Paul Pontius makes the news by given money to buy decorations for the club house from Bingo proceeds. The developer runs the restaurant and also the ballroom, I feel that it should be the developer to buy the decorations since he runs both business. Maybe I don't get the picture. We all know Paul is good friends with Joe Hunter and Joe Hunter is good friends with the developer. If you own a restaurant and bar, you put up the decorations. May I say more. Paul is trying to be on the good side but he is a double agent.
Wednesday, December 10, 2008
THREE YEAR CONTRACT
Yes, the developer has a THREE year contract on the restaurant and ballroom. This is not your clubhouse, the developer controls it. Try booking it for a party or show, good-luck. Yes, he made a fool out of all of us. At the time of sale when we bought our home, we were told this is your clubhouse, "bull". Guess how many electric meters are on this clubhouse and who is paying the bill. ONE, Yes we are, there is a fool in every crowd. $280,000/YEAR ELECTRIC BILL
Not Cheap Living here and renting
Mortage 1000.00
Taxes 411.00
Home Assoc Dues 9.00
XM Comm 71.00
Elect 140.00
Water 60.00
Lawn Care 65.00
CCD Fee 58.00
Ins 41.00
Advertising !8.00
Total $1868.00 Total cost per month
Taxes 411.00
Home Assoc Dues 9.00
XM Comm 71.00
Elect 140.00
Water 60.00
Lawn Care 65.00
CCD Fee 58.00
Ins 41.00
Advertising !8.00
Total $1868.00 Total cost per month
Are we being charge for maintaintance cost for golf.
SAN ANTONIO - For the first time in Tampa Bay Golf & Country Club history, a resident will have a vote Monday on the homeowners association budget.
But as the community gets a voice, homeowners are divided into two factions. One group, led by former homeowner representative Dom Gualtieri, thinks homeowners have been wrongly charged for fees that should have been paid by developers.
Joan Hedlund, who heads the neighborhood association for the Deer Hollow subdivision, will take her seat at 10 a.m. Monday on the association's board of directors. She will be joined by two executives from Engle Homes, the South Florida-based home builder in Chapter 11 bankruptcy.
The proposed budget would raise homeowners' fees $9 per month. But Gualtieri and his supporters say the residents in the retirement community already pay too much. He said homeowners shouldn't be paying to maintain ponds on the community's golf course, which is still owned by a previous developer.
The pond maintenance expense was shifted to the homeowners association in 2005, when then-developer Transeastern Homes merged with Engle's parent company, TOUSA. The association has paid $138,000 during the past three years for pond maintenance.
"We are paying for ponds that are owned by the golf course," Gualtieri said.
Hedlund disputes his conclusion. She said ponds are part of a continuous drainage system for the 1,500-home community, and that Swiftmud ordered the association to assume maintenance of the entire system.
"I personally don't think there's any legitimacy to what they're saying," Hedlund said.
The Owners Council has raised several other concerns: that the homeowners association has been paying a water bill for the golf course and the streetlight bill in a developer-controlled area where there are no homes. The streetlights in the back of the community cost nearly $12,000 a year.
Basil Grussing, another homeowner, said streetlights are necessary for security because Engle has model homes in that section of the community. Besides, Engle paid the association more than $235,000 in 2008, which more than makes up for the cost of the streetlights.
"They are trying to market and sell homes," he said. "The lights should be on."
Engle has eight homes in the permit stage and expects to start construction later this month, vice president Rick Feather said.
Feather, who chairs the homeowners association, said the complaint about the water bill was accurate. The golf club will reimburse the association nearly $14,000.
But as the community gets a voice, homeowners are divided into two factions. One group, led by former homeowner representative Dom Gualtieri, thinks homeowners have been wrongly charged for fees that should have been paid by developers.
Joan Hedlund, who heads the neighborhood association for the Deer Hollow subdivision, will take her seat at 10 a.m. Monday on the association's board of directors. She will be joined by two executives from Engle Homes, the South Florida-based home builder in Chapter 11 bankruptcy.
The proposed budget would raise homeowners' fees $9 per month. But Gualtieri and his supporters say the residents in the retirement community already pay too much. He said homeowners shouldn't be paying to maintain ponds on the community's golf course, which is still owned by a previous developer.
The pond maintenance expense was shifted to the homeowners association in 2005, when then-developer Transeastern Homes merged with Engle's parent company, TOUSA. The association has paid $138,000 during the past three years for pond maintenance.
"We are paying for ponds that are owned by the golf course," Gualtieri said.
Hedlund disputes his conclusion. She said ponds are part of a continuous drainage system for the 1,500-home community, and that Swiftmud ordered the association to assume maintenance of the entire system.
"I personally don't think there's any legitimacy to what they're saying," Hedlund said.
The Owners Council has raised several other concerns: that the homeowners association has been paying a water bill for the golf course and the streetlight bill in a developer-controlled area where there are no homes. The streetlights in the back of the community cost nearly $12,000 a year.
Basil Grussing, another homeowner, said streetlights are necessary for security because Engle has model homes in that section of the community. Besides, Engle paid the association more than $235,000 in 2008, which more than makes up for the cost of the streetlights.
"They are trying to market and sell homes," he said. "The lights should be on."
Engle has eight homes in the permit stage and expects to start construction later this month, vice president Rick Feather said.
Feather, who chairs the homeowners association, said the complaint about the water bill was accurate. The golf club will reimburse the association nearly $14,000.
Unpaid fees trouble condos
At the Fountains of Tamarac, the condo association has no insurance, a couple of unit owners are cutting the community's grass themselves, and 90 percent of the unit owners aren't paying their maintenance fees.
Even two banks, both of whom acquired their condos out of foreclosure, haven't paid their dues.
Condo President Cesar Gonzalez views the start of hurricane season with dread.
''We're hurting really bad,'' he said. "I don't know if I can handle the stress.''
The Fountains of Tamarac is an extreme example of a growing problem in South Florida: As the economy slumps and home prices fall, a growing number of home- and condo owners are not paying their community fees. That's creating enormous problems for their neighbors, who must either pick up the slack by paying higher fees or else live with reduced services.
Lewis Freeman, a Miami lawyer and accountant who works with financially distressed properties, said this problem is going to get worse.
''I think it's like hurricane warnings,'' Freeman said. "They tell you to get ready a couple months before. Get batteries and water. This is going to absolutely be a catastrophe.''
In some cases, overextended homeowners can't keep up with mortgage and maintenance payments. In other cases, the issue is investor-owned properties in which the owner finds the unit worth less than the amount
As the economy slumps and home prices fall, a growing number of home and condo owners are not paying their community fees. That's creating enormous problems for their neighbors, who must either pick up the slack by paying higher fees or else live with reduced services.
owed, so he just walks away from it. Both scenarios are contributing to record foreclosures.
How widespread are such problems?
According to a recent Internet survey of 487 Florida condo and homeowner associations by the Hollywood-based law firm of Becker & Poliakoff:
• 51 percent said that mortgage foreclosures were creating a revenue shortfall and a burden on the association's finances.
• 37 percent said they have raised maintenance fees to cover the shortfall.
• 43 percent said they have units that have been unoccupied for at least six months because of mortgage foreclosures.
And that's a small sampling. There are 7,149 condo associations in Miami-Dade and Broward counties alone, according to the Florida Department of Business and Professional Regulation.
Kelly Ladwig, treasurer of the Townhouses of Plantation, said her board recently doubled maintenance fees after taking over the association from the developer, who converted it from rentals to condominiums.
BATTLING THE BANKS
And even with the higher fees, the community may yet have problems because so many people -- possibly as many as 50 percent -- haven't been paying.
''A lot of people bought here as investors, and they were not able to sell. We now have a high foreclosure rate/nonpayment rate,'' said Ladwig, whose day job is as a financial analyst for a commercial real estate firm. "That's directly affecting the financials.''
Even if unit owners can find a buyer, Ladwig said, some banks are looking at the association's books and refusing to make the loans.
This could also block condo owners who try to refinance their loans.
'AN AVALANCHE'
What's worse is the problem can snowball: The higher maintenance fees can push even more unit owners into financial trouble, leading to even more foreclosures.
''This is like an avalanche,'' said Jan Bergemann, president of the Cyber Citizens for Justice, a statewide group of condo owners. "More and more people don't pay their dues, forcing other people to pay the cost. I don't know the solution.''
In some communities, the association has cut back services, sometimes dramatically. For a while, no one was cutting the grass at the Fountains of Tamarac, until a board member and another resident started doing it, Gonzalez said. The association still doesn't have enough money to insure the property.
At the Club at Brickell Bay, residents say they have seen everything from nonworking elevators to broken equipment in the gym to cutbacks in cable service. Here again, the problem is a large number of unit owners not paying their dues that cover these services.
It's a problem Lori Rice said she has tackled aggressively since taking over as property manager in December. Now, she says, about 60 percent of unit owners are up to date on their condo fees, and she is working on getting that number higher.
For instance, she says she now has 200 unit owners paying their maintenance automatically from their bank accounts, up from 13 last year. She has been seeking payment from the banks -- who own 57 of the 643 units. And she has renegotiated the cable contract and brought the association up to date on other bills.
TOUGH ACTION
That has enabled her to fix problems and make needed improvements, like painting the hallways.
''All the elevators are working for the first time in over a year,'' Rice said. "I'm cleaning up a mountain of messes here, but I'm seeing the light at the end of the tunnel.''
Donna Berger, an attorney with the Fort Lauderdale law firm of Katzman Garfinkel, said she advises associations to budget for a certain amount of bad debt. She suggests that board members review the number of delinquencies they've seen in the last few months, and plan on having at least that percentage in the months to come. Katzman Garfinkel represents about 1,000 condo and homeowner associations.
If a unit owner keeps refusing to pay condo fees, associations have the power to foreclose on the property -- even if the owner is paying the mortgage. The goal of a foreclosure is to recover the money owed by selling the property.
BANKS FIRST IN LINE
The trouble is, even if the association starts the foreclosure, the bank still gets paid first. If the owner owed more than the property is worth, the association could be out of luck. And under Florida law, the bank can't be forced to pay more than six months of condo fees or 1 percent of the mortgage amount, whichever is less -- until the bank takes title.
Meanwhile, banks are overwhelmed with foreclosures right now, and the six-month cap gives them little incentive to hurry up.
Bergemann, from the Cyber Citizens group, said he thinks lawyers are too quick to go to foreclosure, which can cost thousands of dollars per case for associations. He suggests board members first try to work out a deal with delinquent unit owners.
That may not work, however, especially if the unit owner was an investor who has walked away from the property.
In those cases, ''let the bank foreclose,'' Bergemann said. "It saves the association from paying the attorneys.''
The trouble with foreclosures comes at a particularly difficult time for condo associations, many of whom were financially weakened by repairs from Hurricane Wilma in 2005.
Between the state's skyrocketing insurance costs, the costs of Wilma cleanup and now the foreclosure crisis, Florida's condo associations are facing a ''perfect storm,'' said Danille Carroll, the state condo ombudsman.
Lewis, the lawyer and accountant, agreed. He said his firm, which serves, for example, as bankruptcy trustees, will likely profit.
''Nobody ever saw this coming,'' he said. "You look at what's going to happen with these things: utter chaos.''
Even two banks, both of whom acquired their condos out of foreclosure, haven't paid their dues.
Condo President Cesar Gonzalez views the start of hurricane season with dread.
''We're hurting really bad,'' he said. "I don't know if I can handle the stress.''
The Fountains of Tamarac is an extreme example of a growing problem in South Florida: As the economy slumps and home prices fall, a growing number of home- and condo owners are not paying their community fees. That's creating enormous problems for their neighbors, who must either pick up the slack by paying higher fees or else live with reduced services.
Lewis Freeman, a Miami lawyer and accountant who works with financially distressed properties, said this problem is going to get worse.
''I think it's like hurricane warnings,'' Freeman said. "They tell you to get ready a couple months before. Get batteries and water. This is going to absolutely be a catastrophe.''
In some cases, overextended homeowners can't keep up with mortgage and maintenance payments. In other cases, the issue is investor-owned properties in which the owner finds the unit worth less than the amount
As the economy slumps and home prices fall, a growing number of home and condo owners are not paying their community fees. That's creating enormous problems for their neighbors, who must either pick up the slack by paying higher fees or else live with reduced services.
owed, so he just walks away from it. Both scenarios are contributing to record foreclosures.
How widespread are such problems?
According to a recent Internet survey of 487 Florida condo and homeowner associations by the Hollywood-based law firm of Becker & Poliakoff:
• 51 percent said that mortgage foreclosures were creating a revenue shortfall and a burden on the association's finances.
• 37 percent said they have raised maintenance fees to cover the shortfall.
• 43 percent said they have units that have been unoccupied for at least six months because of mortgage foreclosures.
And that's a small sampling. There are 7,149 condo associations in Miami-Dade and Broward counties alone, according to the Florida Department of Business and Professional Regulation.
Kelly Ladwig, treasurer of the Townhouses of Plantation, said her board recently doubled maintenance fees after taking over the association from the developer, who converted it from rentals to condominiums.
BATTLING THE BANKS
And even with the higher fees, the community may yet have problems because so many people -- possibly as many as 50 percent -- haven't been paying.
''A lot of people bought here as investors, and they were not able to sell. We now have a high foreclosure rate/nonpayment rate,'' said Ladwig, whose day job is as a financial analyst for a commercial real estate firm. "That's directly affecting the financials.''
Even if unit owners can find a buyer, Ladwig said, some banks are looking at the association's books and refusing to make the loans.
This could also block condo owners who try to refinance their loans.
'AN AVALANCHE'
What's worse is the problem can snowball: The higher maintenance fees can push even more unit owners into financial trouble, leading to even more foreclosures.
''This is like an avalanche,'' said Jan Bergemann, president of the Cyber Citizens for Justice, a statewide group of condo owners. "More and more people don't pay their dues, forcing other people to pay the cost. I don't know the solution.''
In some communities, the association has cut back services, sometimes dramatically. For a while, no one was cutting the grass at the Fountains of Tamarac, until a board member and another resident started doing it, Gonzalez said. The association still doesn't have enough money to insure the property.
At the Club at Brickell Bay, residents say they have seen everything from nonworking elevators to broken equipment in the gym to cutbacks in cable service. Here again, the problem is a large number of unit owners not paying their dues that cover these services.
It's a problem Lori Rice said she has tackled aggressively since taking over as property manager in December. Now, she says, about 60 percent of unit owners are up to date on their condo fees, and she is working on getting that number higher.
For instance, she says she now has 200 unit owners paying their maintenance automatically from their bank accounts, up from 13 last year. She has been seeking payment from the banks -- who own 57 of the 643 units. And she has renegotiated the cable contract and brought the association up to date on other bills.
TOUGH ACTION
That has enabled her to fix problems and make needed improvements, like painting the hallways.
''All the elevators are working for the first time in over a year,'' Rice said. "I'm cleaning up a mountain of messes here, but I'm seeing the light at the end of the tunnel.''
Donna Berger, an attorney with the Fort Lauderdale law firm of Katzman Garfinkel, said she advises associations to budget for a certain amount of bad debt. She suggests that board members review the number of delinquencies they've seen in the last few months, and plan on having at least that percentage in the months to come. Katzman Garfinkel represents about 1,000 condo and homeowner associations.
If a unit owner keeps refusing to pay condo fees, associations have the power to foreclose on the property -- even if the owner is paying the mortgage. The goal of a foreclosure is to recover the money owed by selling the property.
BANKS FIRST IN LINE
The trouble is, even if the association starts the foreclosure, the bank still gets paid first. If the owner owed more than the property is worth, the association could be out of luck. And under Florida law, the bank can't be forced to pay more than six months of condo fees or 1 percent of the mortgage amount, whichever is less -- until the bank takes title.
Meanwhile, banks are overwhelmed with foreclosures right now, and the six-month cap gives them little incentive to hurry up.
Bergemann, from the Cyber Citizens group, said he thinks lawyers are too quick to go to foreclosure, which can cost thousands of dollars per case for associations. He suggests board members first try to work out a deal with delinquent unit owners.
That may not work, however, especially if the unit owner was an investor who has walked away from the property.
In those cases, ''let the bank foreclose,'' Bergemann said. "It saves the association from paying the attorneys.''
The trouble with foreclosures comes at a particularly difficult time for condo associations, many of whom were financially weakened by repairs from Hurricane Wilma in 2005.
Between the state's skyrocketing insurance costs, the costs of Wilma cleanup and now the foreclosure crisis, Florida's condo associations are facing a ''perfect storm,'' said Danille Carroll, the state condo ombudsman.
Lewis, the lawyer and accountant, agreed. He said his firm, which serves, for example, as bankruptcy trustees, will likely profit.
''Nobody ever saw this coming,'' he said. "You look at what's going to happen with these things: utter chaos.''
Developer owns Florida
CRF Communities is the name he goes under. Here is a partial list of home communities he developed.
Cypress Creek Village Winter Haven
Walden Woods South Homosassa Springs
Winter Haven Oaks Winter Haven
Lake Ashton Winter Haven/Lake Wales
Vienna Square Winter Haven
Mt Olive Shores Poke City
Deer Creek Davenport
Rolling Ridge Clarmont
Cypress Creek Village Winter Haven
Walden Woods South Homosassa Springs
Winter Haven Oaks Winter Haven
Lake Ashton Winter Haven/Lake Wales
Vienna Square Winter Haven
Mt Olive Shores Poke City
Deer Creek Davenport
Rolling Ridge Clarmont
Good Guys and Bad Guys
Well we all know who the good guys are. Did you see all the golf carts at the clubhouse on Monday Dec 8. They were parked in front of the fire hydrant and out into the street. When I parked in the same place as the golfers I got a notice. DON'T PARK HERE. I did not see any notice on any golf cart. What is going on? Golfers can do no wrong.
Sunday, December 7, 2008
Thank-you for finding this error
We should all thank this person for finding this error on the developer liquor license. We all could have gotten sued 50 thousand each if it wasn't for this sharp eyed person. Thank you sharp eye.
Lake Ashton SUED for 100 MILLION
Yes, for 100 million dollars. The drunk was driving his car after leaving Lake Ashton Grill, after having a few drinks and struck a another car killing both its o occponents The third passenger is now suing Lake Ashton for serving the driver too many drinks. The License says the grill is license under the CCD. I hope you all get the picture. Who ever name is on the Liquor License is responsible for all injuries. This is what could happen if it wasn't for a residence that notice that the developer's name was not on the liqueur license. Wake up. They call this a mistake. Joe Hunter, never tells the truth, a law suit is in the works against the developer. This is no joke Mr Hunter and Mr developer.
Tuesday, December 2, 2008
Another Forecloser
More foreclosures on Sable Loop. Auction will be held on this home at the end of the month. Too much for people to pay, CDD MX, Fees, and High Taxes. There will be three more in the coming months in this area. Like the saleslady says, buy now, sell later and make money. Ha Ha
CDD
It seems when the developer started to build Lake Ashton, the CDD only cost $7.000 now that he found out the buyers are willing to pay this CDD he raised the CDD to $18,000 or more in the new areas. Hey, why not if he can get away with this maybe he can go higher. He needs the money.
Monday, December 1, 2008
Grill Lost Liquor License
It seems the Lake Ashton Grill close down the selling of liquor Tuesday for a day or more because they notice that a technicality was made on the liquor license. Joe Hunter gave a sweet answer at the Monday Morning Meeting Dec 1, 2008 but he's got it all wrong. He call it a technicality. Joe, please let the residents know the real truth as to why the License was revolt by your friends. Hint: Larry Maxwell rents the Lake Ashton Grill but the Liquor License is in our name CDD. Community Development District What is going on? Why should we be responsible for selling Liquor when Larry runs the restaurant and sells liquor. Also CDD has no Insurance for selling Liquor. If anybody fell, get hurt or injured we get sued. Well, he got a new license dated Nov 28, 2008 under a new name Lake Ashton Management LLC What is going on here? This is a technicality? Did he always have Insurance? and under what name? Give me a break? Also it was not them that decide to closed down the sells of liquor it was one of our residents that notice the error on the liquor license and call the state of Florida License Dept. and they closed the sales of liquor down. Joe Hunter never tells the truth. They can do no wrong. I might add that this Liquor license cost only $1800 because it can seat 150 people or having 2500 sq ft of area. The golf club license cost around $85,000.
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