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Why we are doing what we are doing

what brought us to this?

How did we get here?

Many homeowners were concerned the developer board was not representing our best intererests. After much research, we found that the community had reached the 90 percent threshold of homeownership in March 2022 to make it eligible for turnover of control.

90 Percent threshold
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What was next?

We filed binding arbitration with Florida's Department of Business and Professional Regulation (DBPR) to require elections. All parties agreed the community reached 50 percent homeownership in 2005. The developer, however, refused to acknowledge the 90 percent threshold reached in March 2022. DBPR ordered the HOA to hold an election for one homeowner member and advised Lake County circuit court had jurisdiction over the threshold issue; DBPR did not have jurisdiction.
DBPR election order

Easement Agreement

Ten days before the election for a homeowner representative, the developer-appointed HOA board voted to approve an easement agreement. The agreement involved providing access through our community to any developer of the undeveloped property at potential great cost to the community. All costs related to improvements needed or damage caused by the developer would be the responsibility of the community.
Easement Agreement
Easement Agreement analysis
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Why are Tito and Catherine suing the HOA? Isn't the developer responsible for turning over control?

Yes, the developer is responsible for turning over the HOA. Tito and Catherine’s attorneys stated they must also sue the HOA in order to prevent any procedural rejections of the lawsuit. A search of different AI vehicles stated the same; that failure to also sue the HOA could lead to procedural failure of the lawsuit.

No, the requirement is: According to FS 720.303(1) – Fiduciary Relationship: This section states that “the officers and directors of an association are subject to s. 617.0830 and have a fiduciary relationship to the members who are served by the association”. We could have different views of what that action means. 

The judge gave an order that deemed the lawsuit a Streamlined case and gave us a twelve-month timeline for completion from date of filing. That should have been March of 2026, but the developer and the HOA declarant board used seven months trying to get a (failed) motion to dismiss. We put in for a six month extension, giving a new deadline of no later thanSeptember 2026.

 

We have provided you the copy of the agreement the developer filed with the county and our assessment thereof. While we are not attorneys, both of us have experience analyzing documents for potential issues. We as a community would need to use an attorney to adequately present what we believe to a judge and get the cloud lifted from our land titles held in this HOA.

That’s a very good question. The developer, under the name of the Beucher family, sent out four different communications to all of us. The second communication in December 2024 told us they would be turning over the HOA beginning with a homeowner meeting in January 2025. The meeting never happened, nor has turnover. Those letters are in the communications/documents area of this website.