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.

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.

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?

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?

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,

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?

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?

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.

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.

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.