Saturday, January 16, 2010
Larry Maxwell has no responsibilities to residents except money in his pocket
Sunday, December 13, 2009
Letter from HOA to CDD dated Jun 3, 2009
Jeff Salvin, Chairman
Lake Ashton Community Development District 5701 N. Pine Island Road
Suite 370
Ft. Lauderdale, FL 33321
We, the HOA Board of Directors, are writing this letter regarding a report that has circulated around the Lake Ashton community recently indicating that the developer has offered a sum of $71, 000.00 for repairing the current roads in LA 1
It is our understanding that Mr. Shriver, when he was chairperson of the CDD, repeatedly stated "that the developer would not leave this development without repairing all the roads". It appears that the offer being made now is simply a band~aide when, in fact, the problem is a compound fracture that continues to deteriorate.
Due to construction vehicle traffic the roads have deteriorated to their present condition and our now in need of total replacement. They will continue to get worse as this situation continues to drag on without any action.
The sales office continues to show this beautiful property but no remedy has been forthcoming to repair the roads according to Florida road construction standards.
We, therefore, request the CDD Board to pursue any legal avenue necessary with regard to the developer and the City of Lake Wales who we also believe have overlooked their fiduciary responsibility and continue to disregard their responsibilities towards this issue.
Ronald L White, President
Lake Ashton Homeowners Board of Directors
Letter from HOA to CDD dated Jun 3, 2009
Jeff Salvin, Chairman
Lake Ashton Community Development District 5701 N. Pine Island Road
Suite 370
Ft. Lauderdale, FL 33321
We, the HOA Board of Directors, are writing this letter regarding a report that has circulated around the Lake Ashton community recently indicating that the developer has offered a sum of $71, 000.00 for repairing the current roads in LA 1
It is our understanding that Mr. Shriver, when he was chairperson of the CDD, repeatedly stated "that the developer would not leave this development without repairing all the roads". It appears that the offer being made now is simply a band~aide when, in fact, the problem is a compound fracture that continues to deteriorate.
Due to construction vehicle traffic the roads have deteriorated to their present condition and our now in need of total replacement. They will continue to get worse as this situation continues to drag on without any action.
The sales office continues to show this beautiful property but no remedy has been forthcoming to repair the roads according to Florida road construction standards.
We, therefore, request the CDD Board to pursue any legal avenue necessary with regard to the developer and the City of Lake Wales who we also believe have overlooked their fiduciary responsibility and continue to disregard their responsibilities towards this issue.
Ronald L White, President
Lake Ashton Homeowners Board of Directors
Friday, January 15, 2010
Remember "The Villages" class-action lawsuit, it will happen here
Monday, December 22, 2008
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
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
Lake Ashton residents we are getting screwed
Larry Maxwell will not do anything about the condition of the roads. This means A class action suit will be file with the courts. This cost will be around $100,000 and if he wins, it will cost us another $100,000 to appeal, and we are getting nothing done.
Because of Chinese Drywall in our community, some Realtors have refuse to sell your home. The value of all homes in this community has fallen.
Larry Maxwell has screw the residents of Lake Ashton. Even if your a golf player and wish just to play one game of golf, its going to cost you $100.00. If you live outside this community, it will cost you just $50.00 Something is wrong with the picture.
When he ask the city of Lake Wales for Bond Money other wise known as CDD, he got it and they never came over to look at the roads. We have to pay the CDD plus the cost of the house. Now we have to pay all over again to have the roads done again and the residents just doesn't understand that this will cost us around $9,000,000
The bowling alley is a mess, another $250,000 in repair cost.
The Management will do nothing but collect his fees on the MX for life and all the rents he receives from all the trailer parks. His total income I was told was around $100,000,000 a month plus expenses yet he does not want to help the residents of lake Ashton. He just refuses to answer his phone.
The Club house was just a front to lure you into buying into this community. Yes, we have all been taken in by his lure, now we are all going to pay.
Because of Chinese Drywall in our community, some Realtors have refuse to sell your home. The value of all homes in this community has fallen.
Larry Maxwell has screw the residents of Lake Ashton. Even if your a golf player and wish just to play one game of golf, its going to cost you $100.00. If you live outside this community, it will cost you just $50.00 Something is wrong with the picture.
When he ask the city of Lake Wales for Bond Money other wise known as CDD, he got it and they never came over to look at the roads. We have to pay the CDD plus the cost of the house. Now we have to pay all over again to have the roads done again and the residents just doesn't understand that this will cost us around $9,000,000
The bowling alley is a mess, another $250,000 in repair cost.
The Management will do nothing but collect his fees on the MX for life and all the rents he receives from all the trailer parks. His total income I was told was around $100,000,000 a month plus expenses yet he does not want to help the residents of lake Ashton. He just refuses to answer his phone.
The Club house was just a front to lure you into buying into this community. Yes, we have all been taken in by his lure, now we are all going to pay.
Meeting of 1/12/2010
This meeting was established to provide legal information concerning the contaminated drywall issue.
Attorney Dan Perry, at no cost to the residents, was the presenter.
A review of legal experiences with CRF was presented. If pursuit of legal action is determined necessary, those costs would need to be negotiated.
Since the presence of contaminated drywall in Lake Ashton potentially affects all owners by decrease in property values, consideration could be given to a more expansive lawsuit than just those owners with contaminated drywall.
At this time no decision has been made to pursue legal options or any other course of action.
Further information, due to the large number of inspections going on, will be helpful in determining future steps.
Prepared by : Arnold Loomis
Jackie Sobania
Attorney Dan Perry, at no cost to the residents, was the presenter.
A review of legal experiences with CRF was presented. If pursuit of legal action is determined necessary, those costs would need to be negotiated.
Since the presence of contaminated drywall in Lake Ashton potentially affects all owners by decrease in property values, consideration could be given to a more expansive lawsuit than just those owners with contaminated drywall.
At this time no decision has been made to pursue legal options or any other course of action.
Further information, due to the large number of inspections going on, will be helpful in determining future steps.
Prepared by : Arnold Loomis
Jackie Sobania
Summary of Lake Ashton Chinese Drywall Meetings
Meeting of 1/7/2010
Due to the seriousness of the contaminated drywall issue, it appeared that it was necessary to provide an informational meeting so that all are informed of the Lake Ashton situation.
As a result, this meeting was centered on three informational goals.
1.To provide factual information in order to quell many of the rumors concerning the issue.
2. To begin to provide strategy for identifying the scope of the problem.
3. Provide descriptive information of symptoms of contaminated drywall.
It was pointed out that the largest importation of the contaminated drywall was between the years 2004-2007. At this time in Lake Ashton there have been eight identified cases which have involved houses completed in 2006.
Typical identifiers are:
a. air conditioner coils corroding followed by leakage.
b. blackened electrical ground wires and blackened exposed copper.
c. appliances or electronic equipment stopping or operating erratically
d. blackened and corroded jewelry
e. presence of knauf Tianjin china drywall
f. physical symptoms can consist of unexplained rashes, dizziness, respiratory problems, unusual headaches, nosebleeds etc.
Amerispec Home Inspections is offering house inspections which are looking for the above items as identified by the Florida Department of Health.
Due to the seriousness of the contaminated drywall issue, it appeared that it was necessary to provide an informational meeting so that all are informed of the Lake Ashton situation.
As a result, this meeting was centered on three informational goals.
1.To provide factual information in order to quell many of the rumors concerning the issue.
2. To begin to provide strategy for identifying the scope of the problem.
3. Provide descriptive information of symptoms of contaminated drywall.
It was pointed out that the largest importation of the contaminated drywall was between the years 2004-2007. At this time in Lake Ashton there have been eight identified cases which have involved houses completed in 2006.
Typical identifiers are:
a. air conditioner coils corroding followed by leakage.
b. blackened electrical ground wires and blackened exposed copper.
c. appliances or electronic equipment stopping or operating erratically
d. blackened and corroded jewelry
e. presence of knauf Tianjin china drywall
f. physical symptoms can consist of unexplained rashes, dizziness, respiratory problems, unusual headaches, nosebleeds etc.
Amerispec Home Inspections is offering house inspections which are looking for the above items as identified by the Florida Department of Health.
Thursday, January 14, 2010
Chinese Drywall
There is now 8 confirm cases of Chinese Drywall in Lake Ashton and still no word from the developer, Larry Maxwell.
Chinese Drywall Problems and Bingo Paul
As you all know Larry Maxwell is hiding in the closet from the stories he is hearing about the roads, Chinese drywall, Bowling Alley, Dock, and MX. If you look at his front door there is a long line of attorney's, two blocks long waiting to sit down with Mr Maxwell. As you all know Larry can do no wrong. Why is it that the residents of Lake Ashton just don't come to the CDD and the HOA meetings any more. Now we have Bingo Paul running for HOA, the biggest loser here at Lake Ashton. Paul, why don't you stay home and play BINGO with all that money you said you took from the residents of Lake Ashton.
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