• View the actual documents of the history of what happened.
• Coming Soon! (well not as soon as we thought.) Read the original law suit that was unfairly launched against a resident.
• Read the response to the law suit that was brought by Sweetwater Holdings, Inc.
• Read the information we have on the latest suit filed by the HOA against UPSON Downs Limited Partnership, the owner of the common grounds.
• Read the actual claim by the HOA.
• Read the letter from attorney John Leklem to all of the residents.

Did your realtor disclose to you the potential for legal problems with the Cross Tie property? Did they disclose any ongoing lawsuits? Did they disclose anything else that may materially and adversely affect the value and desirability of the your property, e.g. pending claims of litigation, notice from any governmental authority of any violation of any law or regulation, proposed zoning changes, street changes, threat of condemnation, or neighborhood noise or nuisance?  Realtors are required by law to disclose that information and much more!

If you're an owner selling property in a deed restricted community, are you aware of the requirement to provide a Disclosure Statement Summary (DSS) to prospective purchasers pursuant to s. 689.26 F.S.? (see below)

Are you aware that a developer or owner collecting amenity fees is required to provide a yearly financial report of expenditures and receipts to residents pursuant to s. 689.265 F.S.? (see below)

For your information here is a portion of some of the Florida Statutes, which describe how these issues should be handled.

F.S. 689.26 Prospective purchasers subject to association membership requirement; disclosure required.
(1) A prospective parcel owner in a community must be presented a disclosure summary before executing the contract for sale. The disclosure summary must be in a form substantially similar to the following form:

DISCLOSURE SUMMARY FOR (NAME OF COMMUNITY)

1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION.

2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY.

3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION, WHICH ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.

4. YOUR FAILURE TO PAY THESE ASSESSMENTS COULD RESULT IN A LIEN ON YOUR PROPERTY.

5. THERE (IS) (IS NOT) AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. (If such obligation exists, then the amount of the current obligation shall be set forth.)

6. THE RESTRICTIVE COVENANTS (CAN) (CANNOT) BE AMENDED WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP.

7. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS.

8. THESE DOCUMENTS ARE MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED

DATE:                         PURCHASER:

The disclosure must be supplied by the developer, or by the parcel owner if the sale is by an owner that is not the developer. Any contract or agreement for sale shall refer to and incorporate the disclosure summary and shall include, in prominent language, a statement that the potential buyer should not execute the contract or agreement until they have received and read the disclosure summary required by this section.

(2) This section does not apply to any association regulated under chapter 718, chapter 719, chapter 721, or chapter 723 or to a sub divider registered under chapter 498; and also does not apply if disclosure regarding the association is otherwise made in connection with the requirements of chapter 718, chapter 719, chapter 721, or chapter 723.

------Chapter 689, s. 689.265 Florida Statute------
689.265 Financial report.--In a residential subdivision in which the owners of lots or parcels must pay mandatory maintenance or amenity fees to the subdivision developer or to the owners of the common areas, recreational facilities, and other properties serving the lots or parcels, the developer or owner of such areas, facilities, or properties shall make public, within 60 days following the end of each fiscal year, a complete financial report of the actual, total receipts of mandatory maintenance or amenity fees received by it, and an itemized listing of the expenditures made by it from such fees, for that year. Such report shall be made public by mailing it to each lot or parcel owner in the subdivision, by publishing it in a publication regularly distributed within the subdivision, or by posting it in prominent locations in the subdivision.
This section does not apply to amounts paid to homeowner associations pursuant to chapter 617, chapter 718, chapter 719, chapter 721, or chapter 723, or to amounts paid to local governmental entities, including special districts.

Was all of this disclosed to you when you purchased? Did you sign a disclosure statement with everything fully disclosed? Exercise your rights by filing a complaint against your realtor, builder, or developer. You can do so with a "Uniform Complaint Form" and sending it to the Florida Real Estate Commission (FREC) or the appropriate DBPR division. FREC has stated that there is NOT a time limitation for you to file your complaint. Everyone is strongly encouraged to file a compliant even if you feel it may be too late or you think it may not have merit. Every Cross Tie Ranch owner has been materially damaged by the events that have occurred. And you have a moral right and obligation to file a complaint against those who have put you in this position!!

• UPDATE: Click here to view the FREC responses to an actual complaint.

Interested in organizations where you can get information on Homeowners Associations in Florida? Take a look at Cyber Citizens for Justice, Inc.

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Last Modified: 06/08/2008
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