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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:
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
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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Last Modified:
06/08/2008 |