Ed: I have received many emails from Lake Ashton Residents, regarding their views on Road Litigation. Would you consider putting my response to all residents ( EXACTLY ) as I have written it. I would like all residents who read your blog, to know the (truth) on where I stand today and have always stood. Thank You.....John L Chickness Sr.. CDD 1 Supervisor ... Seat # 3. Dear Lake Ashton Resident:
Thank you for your email. I appreciate your concern. They are my concerns as well. The record....( CLEARLY ) shows by minutes, audio and personal meetings with the Developer and District Manager, as well as ALL Attorneys involved. I have always opposed litigation. " I have stated many times the Attorneys always win in Trials... I have constantly requested and suggested to all involved ( COMPROMISE ) !! The ( ENTIRE ) CDD board has approved the hiring of Attorneys to achieve that goal of (COMPROMISE ).I was not alone to approve hiring attorneys....the vote was unanimous. 4-0The upcoming CDD meeting 8-27-2010 with the Attorneys hired to contact the Developer, with hope of COMPROMISE will be the determining factor of no longer the need to go forward with Trial... You and the Board along with the residents will hear his response.....I truly hope no SUIT is needed. I also felt, we should settle this with an honest settlement and Drop further LitigationI have always had only the best in mind for all the LA residents. I believe in ... Honesty / Integrity / Trust at all times....Thanks again John L Chickness SrPS..You may share this email with your friends if you desire...jlc.
Friday, August 13, 2010
Thursday, August 12, 2010
Remember the Chinise Drywall and Do Nothing Larry Maxwell
ERNST PETERS | THE LEDGER
Buy photo
Arnold Loomis details last week some of the health problems he and his wife have suffered that he attirbutes to the defective Chinese drywall in his home in the Lake Ashton development in Winter HAven.
By Kyle Kennedy
THE LEDGER
Published: Monday, February 8, 2010 at 9:16 p.m.
Last Modified: Monday, February 8, 2010 at 9:16 p.
WINTER HAVEN | Sometimes Arnold Loomis wakes in the middle of the night and longs to be in his own home, which is literally a street away.
Loomis cut out a section of a wallboard in a bedroom closet to expose the defective drywall in his home.
Buy photo
ERNST PETERS | THE LEDEGR
But Loomis and his wife, Joan, are reluctant even to enter the new house they bought three years ago on Snead Drive in Lake Ashton because it is contaminated with defective Chinese drywall.
The couple have been living in a neighbor's unused house since December as they wait for help from Lake Ashton's management. But the Loomises and other homeowners in the gated retirement community say they have been virtually stonewalled.
"We're still not getting any communication from the developer. For them to just ignore a problem like this, it's unbelievable, that's all I can say," said Arnold Loomis, 77, a Michigan transplant. "We love Lake Ashton, but God, I don't know what kind of people these are."
At least two of his neighbors on Snead Drive have had their homes tested and confirmed for defective Chinese drywall, a material that can ruin electronics, corrode metals and engulf homes with a sickening sulfur odor. The imported drywall is also a possible culprit in respiratory issues and other health problems reported by some homeowners.
Lake Ashton was developed by MasterCraft Homes and is managed by Century Residential, both part of a Lakeland-based conglomerate headed by Larry Maxwell. Lake Ashton officials did not return phone calls seeking comment for this story.
The AmeriSpec home inspection company in Eagle Lake has found the tainted drywall in 13 houses at Lake Ashton, and state officials say as many as 35,000 homes in Florida (built mostly from 2004 through 2008) could have the same problem.
As federal agencies continue to investigate the drywall and consider what to do about it, afflicted homeowners have been left to confront their builders or to pursue legal action.
The former approach has not been successful at Lake Ashton.
"Absolutely zero, zero cooperation from the developer. I would just like to know their stand," said Ron Maness, whose $250,000 investment home in Lake Ashton sits empty because of tainted Chinese drywall.
After getting no response from Lake Ashton management and having his claim turned down by his insurer, American Integrity Insurance Co., Maness said he is now considering spending $65,000 to have the house gutted and its drywall replaced.
In the meantime, he has joined a class action lawsuit against Knauf Plasterboard Tianjin Co., one of the manufacturers identified as a source of the defective drywall.
After The Ledger published a story Dec. 8 about Maness' drywall woes, Arnold Loomis said he and other concerned residents began to compare notes. They held a meeting in January that drew nearly 200 people and also consulted with a lawyer from Orlando.
Michael Woodard, an inspector with AmeriSpec, said he has evaluated approximately 100 homes in Lake Ashton and found 13 with Chinese drywall that match criteria from the Florida Department of Health, including metal corrosion and manufacturers' markings.
About six months after moving to Lake Ashton in November 2006, Arnold Loomis said he started having breathing problems and rashes. The home's air conditioning unit failed after just two years and copper wiring turned black in electrical outlets.
An independent inspector finally identified the problem last October, shortly after finding the imported drywall next door in a home owned by Jacqueline Sobania-Robison. Arnold Loomis said he received a cursory phone call from a Lake Ashton representative on Friday, but the company has not indicated what it plans to do about his home.
Farther down Snead Drive, retirees Verb and Lorene Freeman also have defective drywall in their 3-year-old home.
Despite the house's pristine apperance, Lorene Freeman, 88, said she is worried about breathing the air in a home where jewelry mysteriously tarnishes and the air conditioner has failed twice.
"Everything looks good, but it's hidden" she said.
[ Kyle Kennedy can be reached at kyle.kennedy@theledger.com or 863-802-7584. ]
Buy photo
Arnold Loomis details last week some of the health problems he and his wife have suffered that he attirbutes to the defective Chinese drywall in his home in the Lake Ashton development in Winter HAven.
By Kyle Kennedy
THE LEDGER
Published: Monday, February 8, 2010 at 9:16 p.m.
Last Modified: Monday, February 8, 2010 at 9:16 p.
WINTER HAVEN | Sometimes Arnold Loomis wakes in the middle of the night and longs to be in his own home, which is literally a street away.
Loomis cut out a section of a wallboard in a bedroom closet to expose the defective drywall in his home.
Buy photo
ERNST PETERS | THE LEDEGR
But Loomis and his wife, Joan, are reluctant even to enter the new house they bought three years ago on Snead Drive in Lake Ashton because it is contaminated with defective Chinese drywall.
The couple have been living in a neighbor's unused house since December as they wait for help from Lake Ashton's management. But the Loomises and other homeowners in the gated retirement community say they have been virtually stonewalled.
"We're still not getting any communication from the developer. For them to just ignore a problem like this, it's unbelievable, that's all I can say," said Arnold Loomis, 77, a Michigan transplant. "We love Lake Ashton, but God, I don't know what kind of people these are."
At least two of his neighbors on Snead Drive have had their homes tested and confirmed for defective Chinese drywall, a material that can ruin electronics, corrode metals and engulf homes with a sickening sulfur odor. The imported drywall is also a possible culprit in respiratory issues and other health problems reported by some homeowners.
Lake Ashton was developed by MasterCraft Homes and is managed by Century Residential, both part of a Lakeland-based conglomerate headed by Larry Maxwell. Lake Ashton officials did not return phone calls seeking comment for this story.
The AmeriSpec home inspection company in Eagle Lake has found the tainted drywall in 13 houses at Lake Ashton, and state officials say as many as 35,000 homes in Florida (built mostly from 2004 through 2008) could have the same problem.
As federal agencies continue to investigate the drywall and consider what to do about it, afflicted homeowners have been left to confront their builders or to pursue legal action.
The former approach has not been successful at Lake Ashton.
"Absolutely zero, zero cooperation from the developer. I would just like to know their stand," said Ron Maness, whose $250,000 investment home in Lake Ashton sits empty because of tainted Chinese drywall.
After getting no response from Lake Ashton management and having his claim turned down by his insurer, American Integrity Insurance Co., Maness said he is now considering spending $65,000 to have the house gutted and its drywall replaced.
In the meantime, he has joined a class action lawsuit against Knauf Plasterboard Tianjin Co., one of the manufacturers identified as a source of the defective drywall.
After The Ledger published a story Dec. 8 about Maness' drywall woes, Arnold Loomis said he and other concerned residents began to compare notes. They held a meeting in January that drew nearly 200 people and also consulted with a lawyer from Orlando.
Michael Woodard, an inspector with AmeriSpec, said he has evaluated approximately 100 homes in Lake Ashton and found 13 with Chinese drywall that match criteria from the Florida Department of Health, including metal corrosion and manufacturers' markings.
About six months after moving to Lake Ashton in November 2006, Arnold Loomis said he started having breathing problems and rashes. The home's air conditioning unit failed after just two years and copper wiring turned black in electrical outlets.
An independent inspector finally identified the problem last October, shortly after finding the imported drywall next door in a home owned by Jacqueline Sobania-Robison. Arnold Loomis said he received a cursory phone call from a Lake Ashton representative on Friday, but the company has not indicated what it plans to do about his home.
Farther down Snead Drive, retirees Verb and Lorene Freeman also have defective drywall in their 3-year-old home.
Despite the house's pristine apperance, Lorene Freeman, 88, said she is worried about breathing the air in a home where jewelry mysteriously tarnishes and the air conditioner has failed twice.
"Everything looks good, but it's hidden" she said.
[ Kyle Kennedy can be reached at kyle.kennedy@theledger.com or 863-802-7584. ]
Remember the Chinise Drywall and Do Nothing Larry Maxwell
Lake Ashton Residents Decry Developer Over Drywall
Homeowners say issue with Chinese product is ignored.
ERNST PETERS | THE LEDGER
Buy photo
Arnold Loomis details last week some of the health problems he and his wife have suffered that he attirbutes to the ddefective Chinese drywall in his home in the Lake Ashton development in Winter HAven.
By Kyle Kennedy
THE LEDGER
Published: Monday, February 8, 2010 at 9:16 p.m.
Last Modified: Monday, February 8, 2010 at 9:16 p.m.
WINTER HAVEN | Sometimes Arnold Loomis wakes in the middle of the night and longs to be in his own home, which is literally a street away.
Loomis cut out a section of a wallboard in a bedroom closet to expose the defective drywall in his home.
But Loomis and his wife, Joan, are reluctant even to enter the new house they bought three years ago on Snead Drive in Lake Ashton because it is contaminated with defective Chinese drywall.
The couple have been living in a neighbor's unused house since December as they wait for help from Lake Ashton's management. But the Loomises and other homeowners in the gated retirement community say they have been virtually stonewalled.
"We're still not getting any communication from the developer. For them to just ignore a problem like this, it's unbelievable, that's all I can say," said Arnold Loomis, 77, a Michigan transplant. "We love Lake Ashton, but God, I don't know what kind of people these are."
At least two of his neighbors on Snead Drive have had their homes tested and confirmed for defective Chinese drywall, a material that can ruin electronics, corrode metals and engulf homes with a sickening sulfur odor. The imported drywall is also a possible culprit in respiratory issues and other health problems reported by some homeowners.
Lake Ashton was developed by MasterCraft Homes and is managed by Century Residential, both part of a Lakeland-based conglomerate headed by Larry Maxwell. Lake Ashton officials did not return phone calls seeking comment for this st
Homeowners say issue with Chinese product is ignored.
ERNST PETERS | THE LEDGER
Buy photo
Arnold Loomis details last week some of the health problems he and his wife have suffered that he attirbutes to the ddefective Chinese drywall in his home in the Lake Ashton development in Winter HAven.
By Kyle Kennedy
THE LEDGER
Published: Monday, February 8, 2010 at 9:16 p.m.
Last Modified: Monday, February 8, 2010 at 9:16 p.m.
WINTER HAVEN | Sometimes Arnold Loomis wakes in the middle of the night and longs to be in his own home, which is literally a street away.
Loomis cut out a section of a wallboard in a bedroom closet to expose the defective drywall in his home.
But Loomis and his wife, Joan, are reluctant even to enter the new house they bought three years ago on Snead Drive in Lake Ashton because it is contaminated with defective Chinese drywall.
The couple have been living in a neighbor's unused house since December as they wait for help from Lake Ashton's management. But the Loomises and other homeowners in the gated retirement community say they have been virtually stonewalled.
"We're still not getting any communication from the developer. For them to just ignore a problem like this, it's unbelievable, that's all I can say," said Arnold Loomis, 77, a Michigan transplant. "We love Lake Ashton, but God, I don't know what kind of people these are."
At least two of his neighbors on Snead Drive have had their homes tested and confirmed for defective Chinese drywall, a material that can ruin electronics, corrode metals and engulf homes with a sickening sulfur odor. The imported drywall is also a possible culprit in respiratory issues and other health problems reported by some homeowners.
Lake Ashton was developed by MasterCraft Homes and is managed by Century Residential, both part of a Lakeland-based conglomerate headed by Larry Maxwell. Lake Ashton officials did not return phone calls seeking comment for this st
Decision due on possible Lake Ashton suit
By KATHY LEIGH BERKOWITZ
Staff Writer
Lake Wales Newspaper
Wednesday, August 11, 2010 10:08 AM EDT
Time is running out and Lake Ashton residents must decide if they will follow through and a lawsuit against their developer, Lake Ashton Development Group LLC.
The suit was filed May 5, but has not yet been served.
Others included in the suit are Lake Ashton’s engineer Chastain-Skillman Inc., Kearney Development Co., Inc., and CenState Contractors, Inc.
There is a 120-day statute of limitations to actually “serve” the suit to the parties. The issue at hand is that the time is nearing when the developer is to turn Lake Ashton completely over to its Community Development District to govern. The CDD is a board of Lake Ashton homeowners who are elected by residents there.
However, the CDD wants the miles of roads that are pocked with holes and cracks to be repaired first.
Board members and concerned residents researched the condition of the roads.
According to Dick Ralls, there are 240 patches throughout the development, with some cracks that run the full length of the road.
Every time it rains, Ralls said, water seeps through the cracks and the cracks get wider.
Kim Keefer, in meeting minutes available at ashtonliving.net, advised CDD that it was her opinion that the “subgrade” of the road was contaminated.
Keefer is an engineer hired by CDD to assess the forensics of the roads’ makeup.
The suit alleges damages in excess of $15,000 for “failing to properly design and construct the roads so that they complied with FDOT and other road requirements.”
According to John Chickness Sr., one of the board members of the Community Development District, more than “90 percent” of the phone calls he’s received from residents indicate most who live in Lake Ashton are against moving forward with the suit.
Four CDD members supported hiring attorneys to fashion a lawsuit against the developer, but Chickness says he has always supported “compromise” versus suing the developer. A fifth board member abstained becasue he is employed by the developer.
“I have always opposed litigation,” Chickness noted, adding that the only people who win in lawsuits are the attorneys involved.
“I truly hope no suit is needed,” he said, in an email sent to Lake Ashton residents.
“I also felt, we should settle this with an honest settlement and dismiss further litigation,” he said.
But the bottom line is that CDD would like to see the developer “keep his promises,” Chickness added, which includes footing the bill to fix the roads.
According to Richard Earl, another concerned resident, “we really have no option.”
He said the problem is a “life long” road-repair issue that will “cost in the millions of dollars.”
“It is not a one-time repair of $505,000 as some would like to have us believe. The purpose of the law suit is to get us all or part of our projected road repair costs over the life of the community.”
“The law suit is not limited, as some may like us to believe — the estimated projected repair costs of our roads over the next 15 to 20 years alone is over $15 million.”
Earl continues, “While the financial footing of the developer may be questionable, the paver, design, and the engineering firms are all financially secure and have more than enough assets necessary to resolve our issue.”
Citing other figures, such as the minimum cost of $300,000 to carry the suit through trial, Earl urged residents to contact their CDD board members with their opinions.
He said the legal costs are not recoverable even if the CDD wins: Legal fees will increase homeowners’ CDD annual fees.
Currently, residents pay about $1,600 a year for various amenities, but that amount could increase to about $1,900 with the new fees, he said.
Like others, Earl believes the developer should be held accountable for the condition of the roads.
Either way, residents are going to pay, he noted.
“Now knowing that we will have a community life-long annual road repair issue means that either we pay a one time household fee of $400 - $500 dollars to litigate this issue in effort to receive full or partial financial relief, or face an additional annual assessment, per household, ranging from $400 to $625 dollars or more, each and every year for the rest of our lives, just to pay for road repair,” he said.
The irony of it all is that Lake Ashton pays City of Lake Wales property taxes — or half of Lake Ashton does, that is.
The other half is located on the Winter Haven side.
But because it has a homeowner’s association and a CDD, they are not eligible for road repair through the city. Chickness said he hopes that the developer settles out of court, but ultimately CDD must collectively decide first if they will follow through and serve the suit they filed in the first place.
The next meeting of the CDD is at 10 a.m. Aug. 27 when the board will vote on the issue.
On a separate matter, Earl posted on his Web site at ashtonliving.net that the developer has filed Chapter 11 bankruptcy for more than $61 million effective Aug. 6 at 5:30 p.m.
“Half of this bankruptcy debt (reorganization) directly affects Lake Ashton West and its undeveloped property,” he notes.
In an email sent to George Flint, Lake Ashton’s district manager, Chickness asks if the developer’s Chapter 11 has any bearing on the foreclosure regarding bondholders.
Flint advised Chickness that “district counsel” is evaluating that now.
According to a post Earl wrote, once “reorganization” is finished, “it is highly likely that the undeveloped land within Lake Ashton West will be sold off and be developed by some other investor, and the landscape that we have come to know as Lake Ashton will be gone forever.”
“While this current development is unfortunate, it is not unexpected,” he said.
Earl notes it is important for every resident to contact their CDD representative and urge them to “serve the lawsuit, so the legal process can commence.”
“This is our last opportunity to hold those who installed these defective roads accountable.”
Staff Writer
Lake Wales Newspaper
Wednesday, August 11, 2010 10:08 AM EDT
Time is running out and Lake Ashton residents must decide if they will follow through and a lawsuit against their developer, Lake Ashton Development Group LLC.
The suit was filed May 5, but has not yet been served.
Others included in the suit are Lake Ashton’s engineer Chastain-Skillman Inc., Kearney Development Co., Inc., and CenState Contractors, Inc.
There is a 120-day statute of limitations to actually “serve” the suit to the parties. The issue at hand is that the time is nearing when the developer is to turn Lake Ashton completely over to its Community Development District to govern. The CDD is a board of Lake Ashton homeowners who are elected by residents there.
However, the CDD wants the miles of roads that are pocked with holes and cracks to be repaired first.
Board members and concerned residents researched the condition of the roads.
According to Dick Ralls, there are 240 patches throughout the development, with some cracks that run the full length of the road.
Every time it rains, Ralls said, water seeps through the cracks and the cracks get wider.
Kim Keefer, in meeting minutes available at ashtonliving.net, advised CDD that it was her opinion that the “subgrade” of the road was contaminated.
Keefer is an engineer hired by CDD to assess the forensics of the roads’ makeup.
The suit alleges damages in excess of $15,000 for “failing to properly design and construct the roads so that they complied with FDOT and other road requirements.”
According to John Chickness Sr., one of the board members of the Community Development District, more than “90 percent” of the phone calls he’s received from residents indicate most who live in Lake Ashton are against moving forward with the suit.
Four CDD members supported hiring attorneys to fashion a lawsuit against the developer, but Chickness says he has always supported “compromise” versus suing the developer. A fifth board member abstained becasue he is employed by the developer.
“I have always opposed litigation,” Chickness noted, adding that the only people who win in lawsuits are the attorneys involved.
“I truly hope no suit is needed,” he said, in an email sent to Lake Ashton residents.
“I also felt, we should settle this with an honest settlement and dismiss further litigation,” he said.
But the bottom line is that CDD would like to see the developer “keep his promises,” Chickness added, which includes footing the bill to fix the roads.
According to Richard Earl, another concerned resident, “we really have no option.”
He said the problem is a “life long” road-repair issue that will “cost in the millions of dollars.”
“It is not a one-time repair of $505,000 as some would like to have us believe. The purpose of the law suit is to get us all or part of our projected road repair costs over the life of the community.”
“The law suit is not limited, as some may like us to believe — the estimated projected repair costs of our roads over the next 15 to 20 years alone is over $15 million.”
Earl continues, “While the financial footing of the developer may be questionable, the paver, design, and the engineering firms are all financially secure and have more than enough assets necessary to resolve our issue.”
Citing other figures, such as the minimum cost of $300,000 to carry the suit through trial, Earl urged residents to contact their CDD board members with their opinions.
He said the legal costs are not recoverable even if the CDD wins: Legal fees will increase homeowners’ CDD annual fees.
Currently, residents pay about $1,600 a year for various amenities, but that amount could increase to about $1,900 with the new fees, he said.
Like others, Earl believes the developer should be held accountable for the condition of the roads.
Either way, residents are going to pay, he noted.
“Now knowing that we will have a community life-long annual road repair issue means that either we pay a one time household fee of $400 - $500 dollars to litigate this issue in effort to receive full or partial financial relief, or face an additional annual assessment, per household, ranging from $400 to $625 dollars or more, each and every year for the rest of our lives, just to pay for road repair,” he said.
The irony of it all is that Lake Ashton pays City of Lake Wales property taxes — or half of Lake Ashton does, that is.
The other half is located on the Winter Haven side.
But because it has a homeowner’s association and a CDD, they are not eligible for road repair through the city. Chickness said he hopes that the developer settles out of court, but ultimately CDD must collectively decide first if they will follow through and serve the suit they filed in the first place.
The next meeting of the CDD is at 10 a.m. Aug. 27 when the board will vote on the issue.
On a separate matter, Earl posted on his Web site at ashtonliving.net that the developer has filed Chapter 11 bankruptcy for more than $61 million effective Aug. 6 at 5:30 p.m.
“Half of this bankruptcy debt (reorganization) directly affects Lake Ashton West and its undeveloped property,” he notes.
In an email sent to George Flint, Lake Ashton’s district manager, Chickness asks if the developer’s Chapter 11 has any bearing on the foreclosure regarding bondholders.
Flint advised Chickness that “district counsel” is evaluating that now.
According to a post Earl wrote, once “reorganization” is finished, “it is highly likely that the undeveloped land within Lake Ashton West will be sold off and be developed by some other investor, and the landscape that we have come to know as Lake Ashton will be gone forever.”
“While this current development is unfortunate, it is not unexpected,” he said.
Earl notes it is important for every resident to contact their CDD representative and urge them to “serve the lawsuit, so the legal process can commence.”
“This is our last opportunity to hold those who installed these defective roads accountable.”
Wednesday, August 11, 2010
Door Stuffer
There are a lot of dishonest people living at Lake Ashton. We have one that is going around stuffing doors with false information saying that the CDD refuse a $250,000 settlement on repairing the roads. This is not true. Larry Maxwell offer us only $70,000 to repair all the roads. What a joke. Yes, there are a lot of thief's, crooks, and people who think they can push people around. One of them is none other than "Do Nothing" Joe Hunter. Joe must go. We need someone who understands the people needs, not one that says I don't know, go see whats his name. Lake Ashton is becoming a magnet for thieves and crooks. The biggest one is the richest one, he doesn't want to give a penny out to no one. If he sees trouble coming, he goes belly up. What a hell of a place to live. You can have this place Joe Hunter, Its up your alley. Go find the door stuffer. Sent him a letter, sent everybody a letter. This is up your alley.
HELP
Just wanted to let you know - today I received my 2010 Obama Stimulus>Package. It contained two watermelon seeds, cornbread mix, and 10
coupons to KFC. The directions were in Spanish.
Hope you get yours soon.
coupons to KFC. The directions were in Spanish.
Hope you get yours soon.
Paul Pontious E-Mail to Attorney Kevin Doty
Please note that Bingo Paul wrote an article in the L A Times a few months ago telling everyone where he was spending all the Bingo players money other than charity. This guy just does not know what he is talking about. Lets face it, he stole this money from the Bingo players and spend it on other things other than charity, he should spend hard time in a correctional institution. Come on Paul tell the truth for a change, Joe Hunter isn't going to help you, he's in enough trouble now trying to save his own butt.
Paul Pontious E-Mail to Attorney Kevin Doty
Subject: Bingo Records
| You may represent some of the residents of Lake Ashton, but in my opinion they really need to move away as all they do is bitch and cause trouble. Not one of them has ever done anything to attempt to make our beautiful committee better. All our, so called, ADHOC Committee has ever done is find fault with anyone who wants to do good for Lake Ashton. Bigger horses asses do not exist on our planet. Next, I have had nothing to do with the bingo records for several months. You will have to find someone else to provide you records if they are agreeable to do so. We have been under the control of our HOA only since Jan 1, 2010, so the only records covered by the Sunshine Laws will be record as of that date,. all other records will not be available to examine. Of course you might be able to get a year end report that is done at the middle of September and sent in to the Bingo Licensing Center in Bartow. The Polk County Sheriff's deputy, who is responsible for policing bingo in Polk County received the records he requested several months ago, and has obviously found no problems with the way money as handled or spent. We have never spent any bingo monies for anything other that bingo supplies and equipment. Until Mr. Ralls and associates stopped our 50-50 draws we were able to return that money either to Lake Ashton or to Charity. However, that is all history. I was told we were the only ones to run a 50-50 draw in Polk County, which I find amusing as every organized function I attend in this area has a 50-50 draw. What these jerks did was kill the goose that laid the golden eggs that helped reduce their CDD assessments. Pretty smart planning possibly for someone dumber than a 5th grader. As far as Dan Perry is concerned, he is well aware that I have very little use for him or his as the wind blows interpretations of various situations. He is the only attorney I have ever dealt with who will normally answer your e-mails within 5 minutes after you send one to him. I don't know, maybe he sits in front of his computer just waiting for an e-mail he can answer. Evidently, he is not extremely busy. Our previous attorney sometimes would take a couple of weeks to research a topic prior to getting back to our HOA Board, I really suspect this was because he was a very busy attorney and had other business to take care of at the time. I also have it on unquestionable resources that it was the GREAT Mr. Perry who caused our bingo group to get rid of the $22,000 that was scheduled by that bingo committee to replace the carpeting in our ballroom at a cost of around $16,000 and to help with several other projects in order to hold CDD assessments in check., So DO NOT try to convince me as to how great mr.perry is as an attorney or as a human being. I do not have access to records as I previously stated, but have discussed the issue with the person currently directing our bingo, and he also says you will need to number 1, Contact him, and number 2, you will likely need a supeona. If there was some way that Lake Ashton could keep attorneys noses out of our business, we would all be better off. You people set in your fancy offices and try to find ways to make money off of people who are facing some difficulty. As far as I am concerned, I have met in my 70 years, only 3 or 4 of your ilk that I would trust to work for me. The rest are ambulance chasers, police band listeners, and use any other means to drum up business so you can rip another person or family off. So please take you request for information on Lake Ashton Bingo and shove it where the sun cannot reach it. Please feel free to share this message with anyone you wish. I mean every word of what I have included. I have other adjectives that also can be used if this is not clear enough as to where I stand on this issue. Not Respectful of you in any way: Paul B. F. Pontious | ||
| |
Monday, August 9, 2010
The Impact of the Law suit
I
>don’t know if you saw the paper today but our developer has filed Chapter
>11 for over $61 Million dollars effective Friday at 5:30pm. Half of this
>bankruptcy debt (Reorganization) directly affects Lake Ashton West and its undeveloped
>property.
WHAT
>IS THE IMPACT TO THE COMMUNITY AS WE KNOW IT?: Once
>the bankruptcy / Chapter 11 Reorganization process is finished, it is highly likely
>that the undeveloped land within Lake Ashton West, will be sold off and be developed
>by some other investor, and the landscape that we have come to know as ‘Lake
>Ashton’ will be gone forever.
WHAT
>IS THE IMPACT IN TERMS OF OUR PENDING LAW SUITE?
>None. As we have stated before, regardless of the
>financial footing of the developer, the paver, design, and the engineering firms
>are all financially secure and have more than enough assets necessary to resolve our issue.
>
Those
>of us who have been trying to enlighten the community about our roads, informed
>residents several years ago, that once a law suit was eminent, the developer would
>likely file for Chapter 11 / Bankruptcy in effort escape his financial responsibilities.
>While this current development is unfortunate, it is not unexpected.
What
>is important, is for every resident to contact our respective CDD Board of Supervisors and tell them to
>stop dragging their feet and SERVE the law suit, so the legal process can commence! This is our LAST opportunity to hold those who installed these defective roads accountable.
PLEASE
>forward this email to all Lake Ashton Residents – it is important that we
>all remain informed.
---------------------------previous
Road lawsuit
There
>has been much stated about the pending road lawsuit, and, if
>what has been conveyed was accurate, then it would be obvious as to what the communities
>recourse would be, i.e. that there is no use in pursuing this legal matter any
>further.
However,
>as Paul Harvey would say; 'Now here is the rest of the story ...'
First
>of all, the community is facing a life long road repair issue that will cost in the millions of dollars; it is not a onetime repair of $505,000 as some would like
>to have us believe. The purpose of the law suit is to get us all or part
>of our projected road repair costs over the LIFE of the community.
The
>law suit is NOT limited, as some may like us to believe - the estimated projected
>repair costs of our roads over the next 15 to 20 years alone is over $15
>Million dollars. (see attached copy of the suit that is currently pending - when
>reading this document, note that only minimum values are mentioned and there is NO mention of a maximum value ($505,000 )
>as some have suggested).
While
>the financial footing of the developer maybe questionable, the paver, design, and
>the engineering firms are all financially secure and have more than enough assets necessary to resolve our
>issue.
Now
>that we
>understand that we
>will have a Community life long annual road repair issue, means that either we pay a ONE TIME household fee of $400 - $500 dollars to litigate this issue
>in effort to receive full or partial financial relief
>(as reflected in the 2011 proposed budget),
>OR face an additional annual assessment, per household, ranging from $400 to
>$625 dollars or more, each and every year for the rest of our lives, JUST to pay for road repair.
In
>closing,
>please email our respective CDD Board of Supervisors and tell them that you either
>want them to:
a. SERVE the
>pending law suit immediately, which will start the legal process, whereby we as
>a Community will be eventually compensated (full or part) for the cost of road
>repair over the life of this community
b. OR
>tell the Board of Supervisor not to serve the law suit because you don’t
>want any financial relief and personally want to pay, each and every year for the
>rest of your life, for the cost of road repair.
Please
>remember you need to be an owner of property in Lake Ashton I.
Eaton
>mailto:jeaton@msn.com" title="mailto:jeaton@msn.com" target="_blank" class="
>parsedEmail">jeaton@msn.com
>
Stevens
>
>class=" parsedEmail">mds_laf@yahoo.com
Salvin PEjeff@aol.com
Chickness
>
>class=" parsedEmail">jchickness@yahoo.com
Please
>send copy to the CDD Manager George Flint
>class=" parsedEmail">gflint@govmgtsvc.com
Please
>also be reminded that we will soon be holding an election for three of the
>CDD seats. Please come and hear the candidates and become knowledgeable about their
>stands and opinions on all the matters that concern this community.
Two old ladies
How did we get into this mess?
You should know, you voted for the idiots now in office, and now two more are getting in the act. Ms Pontious and the wife of the Lake Wales Mayor. Lake Ashton is going down hill fast, call the cops and pocket the money. These two ladies should stay home and knit. They are part of the problem at Lake Ashton.
Joe Hunters must resign and get out. He has done nothing for the residents of Lake Ashton. Nothing
You should know, you voted for the idiots now in office, and now two more are getting in the act. Ms Pontious and the wife of the Lake Wales Mayor. Lake Ashton is going down hill fast, call the cops and pocket the money. These two ladies should stay home and knit. They are part of the problem at Lake Ashton.
Joe Hunters must resign and get out. He has done nothing for the residents of Lake Ashton. Nothing
Jake Eaten
We all know that Margo has invested in Larry Maxwell Company, but do we know if Jake Eaten also has money invested in the Company? Why don't you come forward and come out with the truth Jake? You got my -Mail Don't hide behind a shirt.
When the ship is sinking all the rats jump out.
Today in the Coffee meeting, Joe Hunter (Do Nothing). was hidden in the Restaurant, he doesn't want to face the people's questions about his boss Larry Maxwell. Why Larry Maxwell blame the Banks and the Bad Economy? Why not blame Bush like Obama does?
A concern resident
A concern resident
Sunday, August 8, 2010
Chapter 11 ????
Our developer Larry Maxwell has file chapter 11. It seems everyone wants to suit Larry. Lets hope all his employees at Lake Ashton are now looking for a new job. We need a new look at Lake Ashton, new ideas and new faces. Joe hunter, good by and take Ms Adams with you. , go back to your old job. we won't miss you and take all your friends with you. You have not done anything to help Lake Ashton, and the residents. You are all talk and no action. Good-by
Letter to all residents of Lake Ashton
Ed: I have received many emails from Lake Ashton Residents, regarding their views on Road Litigation. Would you consider putting my response to all residents ( EXACTLY ) as I have written it. I would like all residents who read your blog, to know the (truth) on where I stand today and have always stood. Thank You.....John L Chickness Sr.. CDD 1 Supervisor ... Seat # 3. Dear Lake Ashton Resident:
Thank you for your email. I appreciate your concern. They are my concerns as well. The record....( CLEARLY ) shows by minutes, audio and personal meetings with the Developer and District Manager, as well as ALL Attorneys involved. I have always opposed litigation. " I have stated many times the Attorneys always win in Trials... I have constantly requested and suggested to all involved ( COMPROMISE ) !! The ( ENTIRE ) CDD board has approved the hiring of Attorneys to achieve that goal of (COMPROMISE ).I was not alone to approve hiring attorneys....the vote was unanimous. 4-0The upcoming CDD meeting 8-27-2010 with the Attorneys hired to contact the Developer, with hope of COMPROMISE will be the determining factor of no longer the need to go forward with Trial... You and the Board along with the residents will hear his response.....I truly hope no SUIT is needed. I also felt, we should settle this with an honest settlement and Drop further LitigationI have always had only the best in mind for all the LA residents. I believe in ... Honesty / Integrity / Trust at all times....Thanks again John L Chickness SrPS..You may share this email with your friends if you desire...jlc.
Thank you for your email. I appreciate your concern. They are my concerns as well. The record....( CLEARLY ) shows by minutes, audio and personal meetings with the Developer and District Manager, as well as ALL Attorneys involved. I have always opposed litigation. " I have stated many times the Attorneys always win in Trials... I have constantly requested and suggested to all involved ( COMPROMISE ) !! The ( ENTIRE ) CDD board has approved the hiring of Attorneys to achieve that goal of (COMPROMISE ).I was not alone to approve hiring attorneys....the vote was unanimous. 4-0The upcoming CDD meeting 8-27-2010 with the Attorneys hired to contact the Developer, with hope of COMPROMISE will be the determining factor of no longer the need to go forward with Trial... You and the Board along with the residents will hear his response.....I truly hope no SUIT is needed. I also felt, we should settle this with an honest settlement and Drop further LitigationI have always had only the best in mind for all the LA residents. I believe in ... Honesty / Integrity / Trust at all times....Thanks again John L Chickness SrPS..You may share this email with your friends if you desire...jlc.
Roads at Lake Ashton
Ed: I have received many emails from Lake Ashton Residents, regarding their views on Road Litigation. Would you consider putting my response to all residents ( EXACTLY ) as I have written it. I would like all residents who read your blog, to know the (truth) on where I stand today and have always stood. Thank You.....John L Chickness Sr.. CDD 1 Supervisor ... Seat # 3.
Lake Ashton Roads
Robert, Thank you for your email. I appreciate your concern. They are my concerns as well. The record....( CLEARLY ) shows by minutes, audio and personal meetings with the Developer and District Manager, as well as ALL Attorneys involved. " I have always opposed litigation " I have stated many times the Attorneys always win in Trials... I have constantly requested and suggested to all involved ( COMPROMISE ) !! The ( ENTIRE ) CDD board has approved the hiring of Attorneys to achieve that goal of (COMPROMISE ) . I was not alone to approve hiring attorneys....the vote was unanimous 4 to 0. The upcoming CDD meeting 8-27-2010 with the Attorneys hired to contact the Developer, with hope of COMPROMISE will be the determining factor if we no longer have need to go forward with Trial... You and the Board along with the residents will hear his response.....I truly hope no SUITE is needed. I also feel, and have always felt we should settle this with an honest settlement and DROP LITIGATION !I can assure you I have at ALL TIMES, HAD ONLY the best in mind for all the LA residents. I believe in Honesty / Integrity / and Trust at all times!Thanks again John L Chickness SrPS..You may share this email with your friends if you desire...jlc.
Paul Pointious
Paul Pointious is just like Joe "do nothing" Hunter, very disrespectful, love to sent out registered letters and scare you half to death. We must get rid of Joe Hunter and Paul must spent the time in a correction institution, make no bones about it. He must also release all papers on the total sum of money he took in and also his expenses. He told all in the L A Times last year and now he is recanted his spending and story.
Paul Pointious, grow up and be a man, amit that you spent the money you stole from the Bingo players and spent it on other things other than charity without them knowing and you not telling. Shame on you Mr Pointious for changing your story and no telling the truth. Please go to church and repent.
Paul Pointious, grow up and be a man, amit that you spent the money you stole from the Bingo players and spent it on other things other than charity without them knowing and you not telling. Shame on you Mr Pointious for changing your story and no telling the truth. Please go to church and repent.
Letter from Bingo Pontious
CDD Board of Supervisors;
Below is a copy of an email from my attorney, Kevin Doty, who is looking into issues regarding Bingo.
The email by Mr Pontious (below) is not only extremely disrespectful, misrepresents the truth, clearly
admits to wrongful fiscal management, and it appears that he is attempting to bring other Lake Ashton
Leaders (past and current) into the issue.
Below is a copy of an email from my attorney, Kevin Doty, who is looking into issues regarding Bingo.
The email by Mr Pontious (below) is not only extremely disrespectful, misrepresents the truth, clearly
admits to wrongful fiscal management, and it appears that he is attempting to bring other Lake Ashton
Leaders (past and current) into the issue.
Bingo Records
You may represent some of the residents of Lake Ashton, but in my opinion they really need to move away as all they do is bitch and cause trouble. Not one of them has ever done anything to attempt to make our beautiful committee better. All our, so called, ADHOC Committee has ever done is find fault with anyone who wants to do good for Lake Ashton. Bigger horses asses do not exist on our planet.
Next, I have had nothing to do with the bingo records for several months. You will have to find someone else to provide you records if they are agreeable to do so. We have been under the control of our HOA only since Jan 1, 2010, so the only records covered by the Sunshine Laws will be record as of that date,. all other records will not be available to examine. Of course you might be able to get a year end report that is done at the middle of September and sent in to the Bingo Licensing Center in Bartow.
The Polk County Sheriff's deputy, who is responsible for policing bingo in Polk County received the records he requested several months ago, and has obviously found no problems with the way money as handled or spent. We have never spent any bingo monies for anything other that bingo supplies and equipment. Until Mr. Ralls and associates stopped our 50-50 draws we were able to return that money either to Lake Ashton or to Charity. However, that is all history. I was told we were the only ones to run a 50-50 draw in Polk County, which I find amusing as every organized function I attend in this area has a 50-50 draw. What these jerks did was kill the goose that laid the golden eggs that helped reduce their CDD assessments. Pretty smart planning possibly for someone dumber than a 5th grader.
As far as Dan Perry is concerned, he is well aware that I have very little use for him or his as the wind blows interpretations of various situations. He is the only attorney I have ever dealt with who will normally answer your e-mails within 5 minutes after you send one to him. I don't know, maybe he sits in front of his computer just waiting for an e-mail he can answer. Evidently, he is not extremely busy. Our previous attorney sometimes would take a couple of weeks to research a topic prior to getting back to our HOA Board, I really suspect this was because he was a very busy attorney and had other business to take care of at the time. I also have it on unquestionable resources that it was the GREAT Mr. Perry who caused our bingo group to get rid of the $22,000 that was scheduled by that bingo committee to replace the carpeting in our ballroom at a cost of around $16,000 and to help with several other projects in order to hold CDD assessments in check., So DO NOT try to convince me as to how great mr.perry is as an attorney or as a human being.
I do not have access to records as I previously stated, but have discussed the issue with the person currently directing our bingo, and he also says you will need to number 1, Contact him, and number 2, you will likely need a supeona.
If there was some way that Lake Ashton could keep attorneys noses out of our business, we would all be better off. You people set in your fancy offices and try to find ways to make money off of people who are facing some difficulty. As far as I am concerned, I have met in my 70 years, only 3 or 4 of your ilk that I would trust to work for me. The rest are ambulance chasers, police band listeners, and use any other means to drum up business so you can rip another person or family off.
So please take you request for information on Lake Ashton Bingo and shove it where the sun cannot reach it.
Please feel free to share this message with anyone you wish. I mean every word of what I have included. I have other adjectives that also can be used if this is not clear enough as to where I stand on this issue.
Not Respectful of you in any way:
Paul B. F. Pontious
Next, I have had nothing to do with the bingo records for several months. You will have to find someone else to provide you records if they are agreeable to do so. We have been under the control of our HOA only since Jan 1, 2010, so the only records covered by the Sunshine Laws will be record as of that date,. all other records will not be available to examine. Of course you might be able to get a year end report that is done at the middle of September and sent in to the Bingo Licensing Center in Bartow.
The Polk County Sheriff's deputy, who is responsible for policing bingo in Polk County received the records he requested several months ago, and has obviously found no problems with the way money as handled or spent. We have never spent any bingo monies for anything other that bingo supplies and equipment. Until Mr. Ralls and associates stopped our 50-50 draws we were able to return that money either to Lake Ashton or to Charity. However, that is all history. I was told we were the only ones to run a 50-50 draw in Polk County, which I find amusing as every organized function I attend in this area has a 50-50 draw. What these jerks did was kill the goose that laid the golden eggs that helped reduce their CDD assessments. Pretty smart planning possibly for someone dumber than a 5th grader.
As far as Dan Perry is concerned, he is well aware that I have very little use for him or his as the wind blows interpretations of various situations. He is the only attorney I have ever dealt with who will normally answer your e-mails within 5 minutes after you send one to him. I don't know, maybe he sits in front of his computer just waiting for an e-mail he can answer. Evidently, he is not extremely busy. Our previous attorney sometimes would take a couple of weeks to research a topic prior to getting back to our HOA Board, I really suspect this was because he was a very busy attorney and had other business to take care of at the time. I also have it on unquestionable resources that it was the GREAT Mr. Perry who caused our bingo group to get rid of the $22,000 that was scheduled by that bingo committee to replace the carpeting in our ballroom at a cost of around $16,000 and to help with several other projects in order to hold CDD assessments in check., So DO NOT try to convince me as to how great mr.perry is as an attorney or as a human being.
I do not have access to records as I previously stated, but have discussed the issue with the person currently directing our bingo, and he also says you will need to number 1, Contact him, and number 2, you will likely need a supeona.
If there was some way that Lake Ashton could keep attorneys noses out of our business, we would all be better off. You people set in your fancy offices and try to find ways to make money off of people who are facing some difficulty. As far as I am concerned, I have met in my 70 years, only 3 or 4 of your ilk that I would trust to work for me. The rest are ambulance chasers, police band listeners, and use any other means to drum up business so you can rip another person or family off.
So please take you request for information on Lake Ashton Bingo and shove it where the sun cannot reach it.
Please feel free to share this message with anyone you wish. I mean every word of what I have included. I have other adjectives that also can be used if this is not clear enough as to where I stand on this issue.
Not Respectful of you in any way:
Paul B. F. Pontious
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