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.
Saturday, December 13, 2008
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.
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