
Although the HOA didn't want you to know that they filed a lawsuit, here is the information for your reference. View the text of the HOA claim.
Section 720.303(1), Florida Statues states "Before commencing litigation against any party in the name of the association involving amounts in controversy in excess of $100,000, the association must obtain the affirmative approval of a majority of the voting interests at a meeting of the membership at which a quorum has been attained.". The common areas "CROSS-TIE RANCH SUB TRACTS A, B, C, D, E, F, G, H" were appraised by the county for $174,505 and "CROSS-TIE RANCH PHASE II SUB TRACT A" for $120,000 for a total of $294,505. The most recent sale of those parcels of land sold for to Universal Land Holdings on 7/21/2000 was for $261,300. The so-called HOA got a loan to buy the land for $161,000. In all three of those cases the land is clearly valued at more than $100,000. The litigation the so-called HOA initiated was for land valued at somewhere between $150,000 and $300,000. However, no vote was ever taken to meet the law as stated above!! In fact, NO NOTIFICATION what-so-ever was given to the Cross Tie residents that the BOD's filed the suit below. So guess what? They violated the law, again. Who should pay off this loan? Why in the world would you agree to pay off Mark Carson's back taxes and purchase land you should already own? Mark Carson sold the property under duress. He was facing a tax deed sale of the land and made an agreement to sell the common areas to settle in lieu of continued litigation. The sale price of the land even though it was in excess of $100,000 can not be considered a true and accurate representation of the value of the land. In order to accurately assess the value of the common areas, you must look at the appraised value and the last sale amount, both of which were FAR in excess of $200,000. This means the litigation initiated by the so-called HOA was well in excess of $100,000 and was done without membership approval or knowledge; another violation of Florida law.
In order to purchase a portion of the so-called common areas, the board members made a settlement on this case with Carson. As you see below, the HOA (using your money) brought suit against the Tax Collector, Lake County, and the Lake County Clerk of the Courts. This stall tactic was designed to waste even more of the Cross Tie residents money. Now you get to pay 1,000 bucks a year for a ridiculous loan for a portion of the so-called common areas that you should have already owned! Can you say "bend over and get screwed"? For more up to date Information about this case, click here.
| Case Summary | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
2003 CA
003530 -- CROSS TIE RANCH HOA INC vs. UPSON DOWNS LIMITED PARTNERSHIP
et al
|
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| Parties | |||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Plaintiff | Defendant | ||||||||||||||||
| CROSS TIE RANCH HOA INC Attorney: BRAUN, PHILIP J |
UPSON DOWNS LIMITED PARTNERSHIP Attorney: BILL, JOHN H |
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|
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| Disposition(s) | ||||
|---|---|---|---|---|
| Open | 10/27/2003 | UNDISPOSED | RP Real Property | |
| Costs | |||||
|---|---|---|---|---|---|
| Date | Owed | Paid | Dismissed | Due | |
| FILING FEE | $117.50 | $117.50 | $0.00 | $0.00 | |
| COURT REGISTRY DEPOSIT | $250.00 | $250.00 | $0.00 | $0.00 | |
| REGISTRY FEES | $5.00 | $5.00 | $0.00 | $0.00 | |
| Total Fees | $372.50 | $372.50 | $0.00 | $0.00 | |
| Docket | |||
|---|---|---|---|
| Date | Ref. | Images | |
| 30 | NOTICE OF CANCELLATION OF HEARING SET FOR 060704 AT 1 30PM ON MOTION TO INTERVENE AND CONSOLIDATE | ||
| 29 | NOTICE OF HEARING SET FOR 060704 AT 1 30PM ON MOTION TO INTERVENE AND CONSOLIDATE | ||
| 28 | PNTF'S NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFT UPSON DOWNS LIMITED PARTNERSHIP AND COUNT I OF THE AMENDED COMPLAINT / FILED AND RECORDED / 1 PG | ||
| 27 | MCENTIRE'S MOTION TO INTERVENE AND CONSOLIDATE | ||
| 26 | NOTICE OF ABSENCE OF JOHN H BILL ESQ AS ATTY FOR UPSON DOWNS FROM 061104 THROUGH 062504 | ||
| 25 | NOTICE OF CANCELLATION OF HEARING SET FOR 012304 AT 9 30AM ON MOTION TO CONSOLIDATE | ||
| 24 | UPSON DOWNS' MOTION TO STRIKE | ||
| 23 | DEFT UPSON DOWNS' MOTION TO DISMISS AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT THEREOF | ||
| 22 | ANSWER OF LAKE COUNTY AND JAMES C WATKINS LAKE COUNTY CLERK OF COURT | ||
| 21 | SUMMONS RETURNED SERVED AS TO BOB MCKEE / 112103 TO PAT LAND AS ASSISTANT TAX COLLECTOR | ||
| 20 | SUMMONS RETURNED SERVED AS TO JAMES C WATKINS / 112103 TO SALLY WROBEL AS SENIOR CLERK | ||
| 19 | SUMMONS RETURNED SERVED AS TO COUNTY OF LAKE / 112103 TO MELANIE NOLL MARSH AS ASSISTANT COUNTY ATTY | ||
| 18 | PNTF'S MEMORANDUM IN SUPPORT OF MOTION TO CANCEL TAX DEED SALE SET FOR 120203 | ||
| 17 | TAX COLLECTOR'S MEMORANDUM IN OPPOSITION TO MOTION TO CANCEL TAX DEED SALE | ||
| 16 | COURT REGISTRY MONIES RECEIVED Receipt: 45652 Date: 12/01/2003 %$250.00 BOND REQUIRED ON ORDER #15 | ||
| REGISTRY FEES - CIRCUIT CIVIL Receipt: 45652 Date: 12/01/2003 | |||
| 15 | ORDER ON PNTF'S MOTION TO CANCEL TAX DEED SALE OF 120203 / PNTF TO POST $250.00 BOND / CC SENT TO RECORDING | ||
| 14 | NOTICE OF HEARING SET FOR 012304 AT 9 30AM ON MOTION TO CONSOLIDATE | ||
| 13.1 | PNTF'S NOTICE OF FILING ATTACHED EXHIBITS TO AMENDED COMPLAINT | ||
| 13 | NOTICE OF HEARING SET FOR 112403 AT 11 00AM ON PNTF'S MOTION TO CANCEL TAX DEED SALE OF 120203 | ||
| 12 | PNTF'S MOTION TO CANCEL TAX DEED SALE OF 120203 | ||
| 11 | SUMMONS ISSUED TO COUNTY OF LAKE AND RET TO P/S | ||
| 10 | SUMMONS ISSUED TO BOB MCKEE AND RET TO P/S | ||
| 9 | SUMMONS ISSUED TO JAMES C WATKINS AND RET TO P/S | ||
| 8 | AMENDED COMPLAINT / ADDED DEFTS BOB MCKEE / JAMES C WATKINS / COUNTY OF LAKE | ||
| 7 | DEF'S MOTION TO CONSOLIDATE WITH CASE 2002CA217 | ||
| 6 | DEFT'S MOTION TO DISMISS AND MEMORANDUM OF LAW IN SUPPORT THEREOF | ||
| 5 | DEFT'S MOTION TO STRIKE | ||
| 4 | SUMMONS RETURNED SERVED TO UPSON DOWNS LIMITED PARTNERSHIP C/O JOHN H BILL ESQ ON 103003 BY SERVING JOHN H BILL ESQ | ||
| 3 | SUMMONS ISSUED TO UPSON DOWNS LIMITED PARTNERSHIP & RETURNED TO PS //30 DAY SUMMONS// | ||
| 2 | CIVIL COVER SHEET | ||
| 1 | COMPLAINT / ACTION TO IMPRESS A CONSTRUCTIVE TRUST | ||
| FILING FEE ASSESSED-CIVIL ACTION Receipt: 43722 Date: 10/27/2003 | |||
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