HOA Lawsuit

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
 
Judge:  SINGELTARY, G RICHARD       Date Filed:  10/27/2003
Case Type:  Circuit Civil Non Jury   Case Status:  Open
Parties
Plaintiff  Defendant 
CROSS TIE RANCH HOA INC
Attorney: BRAUN, PHILIP J
UPSON DOWNS LIMITED PARTNERSHIP
Attorney: BILL, JOHN H
 
Defendant  UPSON DOWNS LIMITED PARTNERSHIP  BILL, JOHN  DISMISSED AFTER HEARING 
Defendant  BOB MCKEE AS LAKE COUNTY TAX COLLECTOR  (Unknown)   
Defendant  JAMES C WATKINS LAKE COUNTY CLERK OF COURT  MINKOFF, SANFORD Primary Attorney  
Defendant  COUNTY OF LAKE  MINKOFF, SANFORD
Primary Attorney
 

 

Disposition(s)
Status Status Date Disposition Code Disposition Date Action Code
Open  10/27/2003  UNDISPOSED    RP   Real Property 
Costs
Date Docket Application Owed Paid Dismissed Due
10/27/2003 FILING FEE $117.50 $117.50 $0.00 $0.00
12/1/2003 COURT REGISTRY DEPOSIT $250.00 $250.00 $0.00 $0.00
12/1/2003 REGISTRY FEES $5.00 $5.00 $0.00 $0.00
Total Fees $372.50 $372.50 $0.00 $0.00
Docket
Date Ref. Docket Text Images
6/7/2004  30  NOTICE OF CANCELLATION OF HEARING SET FOR 060704 AT 1 30PM ON MOTION TO INTERVENE AND CONSOLIDATE  
5/24/2004  29  NOTICE OF HEARING SET FOR 060704 AT 1 30PM ON MOTION TO INTERVENE AND CONSOLIDATE  
5/14/2004  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  
5/12/2004  27  MCENTIRE'S MOTION TO INTERVENE AND CONSOLIDATE  
4/28/2004  26  NOTICE OF ABSENCE OF JOHN H BILL ESQ AS ATTY FOR UPSON DOWNS FROM 061104 THROUGH 062504  
1/22/2004  25  NOTICE OF CANCELLATION OF HEARING SET FOR 012304 AT 9 30AM ON MOTION TO CONSOLIDATE  
12/24/2003  24  UPSON DOWNS' MOTION TO STRIKE  
12/23/2003  23  DEFT UPSON DOWNS' MOTION TO DISMISS AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT THEREOF  
12/12/2003  22  ANSWER OF LAKE COUNTY AND JAMES C WATKINS LAKE COUNTY CLERK OF COURT  
12/8/2003  21  SUMMONS RETURNED SERVED AS TO BOB MCKEE / 112103 TO PAT LAND AS ASSISTANT TAX COLLECTOR  
12/8/2003  20  SUMMONS RETURNED SERVED AS TO JAMES C WATKINS / 112103 TO SALLY WROBEL AS SENIOR CLERK  
12/8/2003  19  SUMMONS RETURNED SERVED AS TO COUNTY OF LAKE / 112103 TO MELANIE NOLL MARSH AS ASSISTANT COUNTY ATTY  
12/1/2003  18  PNTF'S MEMORANDUM IN SUPPORT OF MOTION TO CANCEL TAX DEED SALE SET FOR 120203  
12/1/2003  17  TAX COLLECTOR'S MEMORANDUM IN OPPOSITION TO MOTION TO CANCEL TAX DEED SALE  
12/1/2003  16  COURT REGISTRY MONIES RECEIVED Receipt: 45652 Date: 12/01/2003 %$250.00 BOND REQUIRED ON ORDER #15  
12/1/2003    REGISTRY FEES - CIRCUIT CIVIL Receipt: 45652 Date: 12/01/2003  
11/26/2003  15  ORDER ON PNTF'S MOTION TO CANCEL TAX DEED SALE OF 120203 / PNTF TO POST $250.00 BOND / CC SENT TO RECORDING  
11/26/2003  14  NOTICE OF HEARING SET FOR 012304 AT 9 30AM ON MOTION TO CONSOLIDATE  
11/21/2003  13.1  PNTF'S NOTICE OF FILING ATTACHED EXHIBITS TO AMENDED COMPLAINT  
11/21/2003  13  NOTICE OF HEARING SET FOR 112403 AT 11 00AM ON PNTF'S MOTION TO CANCEL TAX DEED SALE OF 120203  
11/21/2003  12  PNTF'S MOTION TO CANCEL TAX DEED SALE OF 120203  
11/21/2003  11  SUMMONS ISSUED TO COUNTY OF LAKE AND RET TO P/S  
11/21/2003  10  SUMMONS ISSUED TO BOB MCKEE AND RET TO P/S  
11/21/2003  SUMMONS ISSUED TO JAMES C WATKINS AND RET TO P/S  
11/21/2003  AMENDED COMPLAINT / ADDED DEFTS BOB MCKEE / JAMES C WATKINS / COUNTY OF LAKE  
11/14/2003  DEF'S MOTION TO CONSOLIDATE WITH CASE 2002CA217  
11/14/2003  DEFT'S MOTION TO DISMISS AND MEMORANDUM OF LAW IN SUPPORT THEREOF  
11/14/2003  DEFT'S MOTION TO STRIKE  
11/12/2003  SUMMONS RETURNED SERVED TO UPSON DOWNS LIMITED PARTNERSHIP C/O JOHN H BILL ESQ ON 103003 BY SERVING JOHN H BILL ESQ  
10/27/2003  SUMMONS ISSUED TO UPSON DOWNS LIMITED PARTNERSHIP & RETURNED TO PS //30 DAY SUMMONS//  
10/27/2003  CIVIL COVER SHEET  
10/27/2003  COMPLAINT / ACTION TO IMPRESS A CONSTRUCTIVE TRUST  
10/27/2003    FILING FEE ASSESSED-CIVIL ACTION Receipt: 43722 Date: 10/27/2003  

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