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How many corporations have "claimed" the rights to 'govern' the Cross Tie Ranch Home Owners Association? So far three different corporations have purported to have that privilege. Those include Cross Tie Ranch HOA, Inc. (A.K.A, Cross Tie Ranch Homeowners’ Association, Inc); Cross Tie Ranch of Lake County Homeowners’ Association, Inc (A.K.A Cross Tie Ranch At Black Bear Reserve Homeowners Association, Inc); and Cross Tie Homeowners’ Association, Inc. Do any of them currently have the right to govern the residents of the 'so-called' Cross Tie Ranch community? Based on the investigative findings of the DBPR which resulted in a $4.79 million fine, the Cross Tie Ranch subdivision was NEVER legally constituted, resulting in a Cross Tie Ranch community that does not exist as a legal community as recognized under Florida Statutes chapters 498 and 720. Upon careful examination of the legal facts, there can NOT be a homeowners association in Cross Tie. Residents of the 'so-called' Cross Tie Ranch community simply own a lot on a public road. The multiple purported Cross Tie HOA's have zero jurisdiction over the residents.

Is Cross Tie Ranch HOA, Inc. or any of the multiple purported Cross Tie HOA's legal? Well they are registered corporations with the state of Florida, but that's about the extent of legality. Does any of the purported HOA's have the right to govern the residents of the residents of Cross Tie Ranch? NO, not by any stretch of the imagination!! Let's examine 2 very obvious reasons why they do NOT have that right:

  1. The DBPR's investigative finds which concludes that the Cross Tie Ranch subdivision was never legally registered under Florida Statue Chap 498 meaning the Cross Tie Ranch subdivision never met the most basic legal requirements to qualify as a subdivision. This report also clearly states that residents can NEVER be charged for common areas and\or amenities promised by the developer. See the UPDATE: below on how a group of residents trying to act as a Cross Tie HOA is charging the residents for those common areas and amenities.

  2. Phase III of Cross Tie Ranch according to the PUD included what was supposed to include 173 acres of common areas. On Feb 22, 2000 the Lake County Board of County Commisioners discussed the fact that the PUD is a promise to the residents of Cross Tie Ranch and that promise included several improvements such as bicycle and equestrian trails within that 173 acres of open recreational space. Attorney Leslie Campione stated that "the residents were sold an equestrian community, and they paid a premium price for their acreage". The PUD ordinance was passed in 1991 and here we sit, some 14-15 years later with ZERO development of the phase III "recreational and open space facilities" and Cross Tie does not have the promised equestrian stables nor the riding trails. In fact the residents are totally prevented from even trespassing on that promised "173 acres of open space" common area in phase III because as stated by Mr Rackley who owns phase III "for liability reasons, he cannot see that he is obligated to let anyone, from adjacent properties, ride on this property". The law states that you can not have an enforceable contract (or promise) and fail to provide key elements of that contract. Without that crucial elements of this PUD in place, there isn't a subdivision and therefore no legal Homeowners Association.

The original developer for Cross Tie Ranch was Cross Tie Ranch Limited Partnership. On or about July 12, 1996, Cross Tie Ranch Limited Partnership filed for bankruptcy in the United States Bankruptcy Court, Middle District of Florida, Orlando Division, Case No. 96-04445-6B7, In re: Cross Tie Ranch Limited Partnership.  Upon filing of the bankruptcy petition, all assets of the Estate of Cross Tie Ranch Limited Partnership, purportedly became property of the United States Trustee in Bankruptcy but in contravention to the provisions of the Amended and Restated Declaration. During the Bankruptcy proceedings, the 'so-called' common areas were sold out from under the residents of Cross Tie Ranch to Sweetwater Holdings. Sweetwater attempted  to have one of the original officers of Cross Tie Ranch Limited Partnership execute a transfer of developer rights to them. On or about March 8, 1999, Herbert Mayer, Jr., as Co-Executor of the Estate of Herbert Mayer and as the “Seller” executed an “Acquisition and Assignment of Development Rights” to and in favor of Sweetwater Holdings as the “Buyer”. However, this was done after Cross Tie Ranch Limited Partnership was bankrupt. In the  “Acquisition and Assignment of Development Rights,” the seller, by a handwritten inter-lineation,  stated that it was selling the Project Assets “ . . . to the extent seller holds, title, ownership or authority to sell and/or transfer said Project Assets.” So clearly Sweetwater Holdings never had the rights to conduct any of the business pertaining to Cross Tie Ranch Homeowners Association. It is curious to note that the “Acquisition and Assignment of Development Rights” specifically provided that it was not to be recordable in the Public Records. This is yet another example of the fraudulent dealings of various scam artists intent on defrauding and stealing from the residents of Cross Tie.

Should the residents be required to pay an annual dues of  $288, $500 (whoops, it's now $1000) to maintain someone else's land? Nobody in their right mind would ever agree to be forced to pay to maintain land to which they can not access nor do they own! Think about that!
UPDATE:
Now that the illegal HOA supposedly owns a portion of the so-called common areas, they think they can stick you with the bill to pay off the loan for that land. Should the Cross Tie residents be required to pay off the back taxes of the person (Mark Carson) that owned a 'portion' of what was supposed to be common areas of Cross Tie? Should the residents be required to buy a 'portion' of the common areas that they should should already own and according to the law and the DBPR's investigative findings never be charged for? Should some Cross Tie residents be allowed to obtain a loan to buy a 'portion' of land that was supposed to be common areas and WITHOUT the residents knowledge, use their home as collateral and enter them into a contract without their consent or knowledge? Believe it or not, that's what they did! Click on these hyperlinks to view the assignment document signed by Jim Roberson and Ron Harrell and the Quit Claim Deed signed by Mark Carson.

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!!

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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