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?
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