The former HOA president (also then-president of the developer corporation) refused to hold an election. He repeatedly stated that the developer-appointed board lived in the community, so they were homeowner representatives already. It wasn’t until Catherine Cruz filed an election dispute with the Department of Business and Professional Regulation and the HOA was ordered to hold an election that one was so held, 19 years after the HOA reached the threshold to do so.
Ten days before the election for a homeowner representative, the developer-appointed board entered into an agreement with the developer corporation to allow construction vehicles through the community with the stipulation any damage caused by the builder or adjustments to access needed by the builder would be paid for by the homeowners.
While we are not attorneys, everything we find states the board (developer-appointed or elected) must act as a fiduciary for the Association. The Association is listed as a defendant on the case pretty much the same as it would be for a home foreclosure. We do not understand why they would need to do anything to answer other than state they will follow the orders of the court.
Our attorneys said for the purpose of filing the initial complaint there is a legal assumption that we are telling the truth. After we prevailed on the motions to dismiss we provided a list to the developer of everything we have that seems relevant. The developer hasn’t asked for any of it.
Absolutely! Unfortunately we spent seven months fighting (failed) motions to dismiss. We asked for a six month extension to other deadlines. That gives us a new anticipated close of before September 2026.
We would love for people to begin thinking about participating in the board. We will have a transition that will take some time and for which the developer has not been cooperative. This will be a huge community effort.
It is taking longer than we expected, but we hope to have resolution this summer. We are downloading the documents from the court and putting them on this website as we see them. Go to the documents page to see the way we have it organized.
We would have loved to do this, and tried. We were not successful in getting their cooperation. Other homeowners who didn’t want us to sue for this but wanted turnover tried, too. They didn’t get anywhere either.
Yes, the developer stated in a December 2024 letter from the Beucher family that they wanted to hold a meeting and initiate turnover in January 2025. There has been no such meeting, nor any attempt at one that we know of. Feel free to look at all four of the “Beucher family letters” that were sent. They are on the documents page.