Michelle H. Clark, P.A.
390 North Orange Avenue, Suite 2100
Orlando, Florida 32801
Telephone (407) 420-4660
Facsimile (407) 422-6858

 

May 10, 2004

 

Via Courier Hand Delivery 

Harry W. Carls, Esq.
Taylor and Carls, P.A.
850 Concourse Parkway South, Suite 105
Maitland, Florida 32751

 

Dear Mr. Carls:

            I am an attorney that has been contacted to represent the interests of Raymond J. Hoyda and Claudia J. Hoyda, landowners of lot 16, Crossties Ranch, Sorrento, Florida.  During the past several months, I have been monitoring matters related to the Homeowners Association’s actions regarding the litigation seeking to obtain title to the common areas, as well as the other pending lawsuits involving the Association and Crossties Ranch.

            It has been brought to my attention this morning that a private meeting of the Board of Directors of the Association is scheduled to be held in your office today at 2:00 p.m.  The notice of this meeting, which was posted only on Friday, May 7th states that the Board of Directors of the Homeowners Association is attempting at this time to proceed with the acceptance and execution of a loan package. 

You are hereby advised that I am immediately pursuing an injunction to restrain the Board of Directors from proceeding with this loan endeavor.  Any such action by the Board at this time is blatantly illegal.  As you are aware, the actual outcome of the vote of May 5th 2004 is in question and has been contested by numerous residents.  Additionally, there is no evidence of any certification attesting to the validity of this vote, the Board has not disclosed material terms of the loan (including but not limited to the security used to collaterize the loan and the lender in question), there has been no formal vote approving and certifying a change in the Association budget, and the notice regarding today’s meeting explicitly states that homeowners are prohibited from attending. 

 

Harry W. Carls, Esq.
May 10, 2004


Page 2 

 

This letter is a formal demand upon the Board of Directors of the Homeowners Association to cease and desist all action regarding the proposed loan package until these matters are fully resolved.  Failure to communicate acquiescence to this demand by 5:00 p.m. today will result in the formal injunctive relief discussed above.  In addition, all costs, attorneys’ fees and any other damages to which my client is entitled will be pursued. 

Nothing contained herein constitutes a waiver of any rights or remedies in this matter, all of which are expressly reserved.

 

                                                Sincerely,

 

                                                Michelle H. Clark