We wanted to give the residents of Cross Tie a chance to see the actual documents that we have collected that reveal the facts at Cross Tie Ranch (CTR). We understand that the situation is extremely complicated and confusing. Hopefully these documents will provide you with a laser clear view of what got us into the mess we are in. Keep in mind that the folks pretending to be HOA board members are extortionist, criminals and con artists. Your home may be at risk. Take the time to review these documents and decide for yourself!! It's your home and your neighborhood. Make an informed decision. Since there are 3 different corporations that 'claim' to be the proper HOA for Cross Tie, we have color coded the documents for clarification.
The following background colors are used for the listed corporation to designate action of that so-called HOA:
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1. Cross Tie Ranch Homeowners Association, Inc. |
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2. Cross Tie Ranch at Black Bear Reserve Homeowners Association, Inc. |
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3. Cross Tie Ranch at Lake County Homeowners Association, Inc. |
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4. Cross Tie Homeowners' Association, Inc. |
| 5. Actions taken by CTR residents or unknown entities and not necessarily any of the HOA's |
Click
View Doc for EACH document below to view the related document. We have many
more documents that for right now just can't be included here. If you have any
documents that you would like to give us to put on this site or are aware of
pertinent facts that we missed, please email us at
CrossTieRanch@hotmail.com.
| Date | Description & comments | ||||||||
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11/23/93 View Doc |
Original "Declaration of Covenants, Conditions, Restrictions and Easements of Cross Tie Ranch". | ||||||||
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12/27/93 View Doc |
"First Amendment to Declaration of Covenants, Conditions, Restrictions and Easements of Cross Tie Ranch". | ||||||||
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01/28/94 |
Articles of incorporation filed for Cross Tie Ranch Homeowners Association, Inc. This document listed the "First Board of Directors" as: Herbert Mayer, Jr. Mark R. Carson Stephen C. Vaughn, Jr. |
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10/27/94 View Doc |
Sale of Lot 44 from Herb Mayer to Norman Abess. Lot 44 was eventually sold to Linda Lake and then to the McEntire's. The sales price for this transaction was $70,000. The lot was sold to Avco Financial in lieu of Foreclosure on 10/27/99. The HOA had filed a lien against Norman for HOA dues. However, by the time AVCO got the lot, the HOA was defunct so the lien monies were put in escrow. | ||||||||
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*10/31/94 View Doc |
Actual filing of the entire Amended and Restated Declaration of Covenants, Conditions, Restrictions, and Easements of Cross Tie Ranch (CC&R's) | ||||||||
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*7/01/95 View Doc |
Various Marketing materials and Newspaper articles. Note the promise of various amenities in the marketing materials. This formed the basis for the DBPR's investigative conclusions that resulted in a $4.79 million fine against the developer for violations of the Florida land sales act (Chap 498). The Cross Tie subdivision was never registered with the state as required under Florida law, chap. 498. This means that the Cross Tie subdivision was never 'legally' constituted resulting in no Home Owners Association, period!!! | ||||||||
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05/01/96 View Doc |
1996 Non-profit corporation annual report for Cross Tie Ranch Homeowners Association, Inc. Note several officers of the HOA are being deleted and several new ones added. Chuck Gormly was added as a director. After leaning the facts, Chuck has since passionately contested the existence of an HOA at Cross Tie. Chuck is an excellent resource for the facts at Cross Tie. | ||||||||
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*08/12/96 View Doc |
Investigative report by the DBPR, Division of land sales which resulted in a $4.79 million fine for violations of chapter 498, Florida Statutes, The Florida Uniform Land Sales Practices Law. | ||||||||
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09/11/96 View Doc |
It didn't take long for Chuck to realize the shady nature of what was happening at Cross Tie. This letter mentions the resignation of Chuck Gormly and replacement as David Frost. At the point the developer (Cross Tie Ranch Limited Partnership - Herb Mayer) was already in Chapter 7 (total liquidation) bankruptcy. ALL actions by this company were handled by the US Bankruptcy court. Unfortunately, you should have gotten an attorney for the so-called HOA Herb. There was a chance at that point that this mess could have been cleaned up. It's far to late now. | ||||||||
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09/11/96 View Doc |
Lien filed by Cross Tie Ranch Homeowners Association on lots 44 & 45 in the amount of $875.59. If anyone has any documentation that meets the law showing that dues were raised from $288/year, please email us at crosstieranch@hotmail.com. Since none of the so-called HOA's can produce any legal evidence of the dues being raised beyond $288, any attempt to collect in excess of that amount is a violation of the law and the Fair Debt Collection Practice Act, including but not limited to, section 807. Later, Hank McDaniels collects 2 checks for these liens, but under a different corporation. (see 10/08/00, 12/19/00, 12/29/00, 2/20/01 & 3/1/01) The original Cross Tie Ranch project comprised 3 phases, 80 homes in phase I and II and 130 homes in phase III. The CTR developer went bankrupt and phase III was sold to Jon and Rita rackley who own that property today. The burden to maintain what was supposed to be common area should be spread across 210 homes, not 80 resulting in an unfair and unjustified share being apportioned to the 80 individual lots. | ||||||||
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05/06/97 View PDF |
Incorrectly entered in county records as "Corss Tie Ranch Homeowner Association, Inc" this final summary judgment of foreclosure may have legal implication for the owner of lots 65 and 67 as well as Cross Tie Ranch Homeowners Association, Inc (AKA Cross Tie Ranch HOA, Inc). | ||||||||
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05/20/97 View Doc |
1997 annual report for the HOA. David Frost was added as a director and others were deleted leaving Frost, McDaniel, and Mayer as officers. Note that the document was improperly filed without the proper signature of the Registered Agent. | ||||||||
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06/11/97 View PDF |
Incorrectly entered as CROS TIE LTD PARTNERSHIP in county records this Notice of Lis Pendens was filed against lots 28, 35 thru 51 and 76 thru 83 | ||||||||
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09/27/97 View PDF |
Filing by Rinker Materials against lot 2 in county records under "Corss Ties" (AKA Cross Tie Ranch). | ||||||||
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01/05/98 View Doc |
Cross Tie Ranch Homeowners Association, Inc was dissolved for failure to maintain a Registered Agent (RA). The officers were Frost, McDaniel, and Mayer. The RA resigned on Oct 17, 1997. | ||||||||
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*04/09/98 View Doc |
Cross Tie Ranch PHASE 3 is sold to Bruce Mylrea and James & Charolotte Schluraff. This is the start of the total disintegration of the Cross Tie Ranch PUD. This sale along with the sale of the common areas to Sweetwater (see 1/19/99 below) mean the PUD has no further force or effect. CTR phase 3 was subsequently sold to Jon and Rita Rackley on 1/4/00 who own and operate the nursery next to CTR. | ||||||||
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*01/19/99 View Doc |
According to our documentation, this is where
Sweetwater Holdings jumps into the picture. This document is Sweetwater's
move in Bankruptcy court to purchase the common areas of Cross Tie for
$20,000. Although Sweetwater 'claims' that Mark Carson is not an owner or officer of Sweetwater, Sweetwater's officers are lawyers and have represented the interests of Carson and are involved in numerous business dealings together (see 02/16/99 and 03/17/99 below). Sweetwater and Carson intended to 'join' the projects of Cross Tie Ranch and Black Bear Reserve (another bankrupt development involving Carson). |
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01/29/99 View Doc |
This letter from Steve Vaughn (CTR HOA officer) is to Sandy Minkoff (Lake Co. Attorney) raises his concern that Sweetwater Holdings is attempting to buy the CTR common areas. Mr. Vaughn correctly raises the issue about another corporation that doesn't own property in Cross Tie purchasing the common areas. However, as is the case today, Minkoff, local and state officials failed to perform their job so nothing was done. | ||||||||
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02/1/99 View Doc |
Sweetwater had the opportunity to re-activate the original HOA, but the name was no longer available. Instead of paying the $35 fee and picking a new name, they choose to start a brand new HOA, CTR @ Black Bear Reserve (see 2/16/99 below) | ||||||||
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*02/09/99 View Doc |
Sweetwater
Holdings informs the CTR residents that they are attempting to purchase
A PORTION of the original common areas out of bankruptcy and
intend to develop CTR according to the PUD. Their references to Black Bear
Reserve and the upcoming meeting at Black Bear reveal Sweetwater's
intentions to combine CTR with Black Bear. Note Sweetwater's statement that
it "fully intends to develop the Cross Tie Ranch project with no
amendments to the PUD approvals". And here we sit today, without common areas and NO development according to the PUD! In fact NONE OF THE 3 HOA'S HAVE EVER HELD TITLE TO THE COMMON AREAS. The current HOA isn't trying to 'buy them back', it's trying to buy them for the 1st time. The common areas should have been deeded to the original HOA from the beginning!! |
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*02/16/99 View Doc |
Articles of incorporation for Cross Tie Ranch at Black Bear Reserve Homeowners Association, Inc. Sweetwater formed a brand new HOA that purportedly attempted to 'merge' the Cross Tie Ranch Homeowners Association with the newly formed Cross Tie Ranch at and Black Bear Reserve HOA. Note that it lists directors as J.A. Jurgens, Nick Shields, and James Macon. Did you get notification of this meeting? Was there a 'legal quorum' to form a brand new HOA or a VOTE that made ALL CTR residents members of this Back Bear HOA? Nothing legally authorized Sweetwater to unilaterally make the residents of Cross Tie Ranch members of their Black Bear HOA. Were the votes for the directors audited and verified? | ||||||||
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02/16/99 View Doc |
Letter from Sweetwater stating that Mark Carson is a "consultant" to Sweetwater. It is interesting to note that Mark Carson is listed as an officer for 14 Florida corporations of which 9 of those list J. A. Jurgens (Sweetwater) as the Registered Agent. All 14 of Carson's corporations have been administratively or involuntarily dissolved as of Dec. 27, 2003. The real kicker is that one of his companies (Rapid Retrieval) lists J.A. Jurgens as the RA, was dissolved on 9/19/03 and is the company that currently owns the CTR common areas. UPDATE: Rapid retrieval quick claim deeded a portion of the common areas to the current purported HOA. | ||||||||
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02/17/99 View Doc |
Cross Tie Homeowners Association, Inc is incorporated. This short lived HOA is formed by a resident of Cross Tie in an attempt to start a 'brand new' association for the residents. However, upon legal advice, it is soon realized that this HOA does not have the authority to govern the affairs of the homeowners Association and that because of the extreme legal problems, it will be very expensive. | ||||||||
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02/17/99 View Doc |
Articles of Incorporation (selected pages) for Cross Tie HOA. Note the disclaimer on the last page 'distancing' this new HOA from the bankrupt developer. | ||||||||
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*02/22/99 View Doc |
Here Sweetwater
is 'offering' the residents a $10,000 'donation' which "is
not contingent on the homeowners accepting title to the 'entranceway'
". Jurgens states "After we secure title to the common areas
from the bankruptcy trustee, we will still be willing to transfer title to
the entranceway to the homeowners association whenever the
association decides to accept it". What does this mean? Just the
entranceway; not all of the common areas? Note that Jurgens incorporated
Cross Tie Ranch at Black Bear Reserve HOA seven days before this (see
02/16/99 above). Jurgens, Shields and Macon were the officers of that
corporation. So are they giving the 'entranceway' to themselves? It
doesn't matter now, they sold the a portion of the CTR common areas
to another corporation, Universal Land Holdings, on
7/21/00 for $261,300. Note Sweetwater Holdings broken promise; "Our objective is to develop Cross Tie Ranch in substantial accordance with the approved PUD and master plan. We will construct and renovate all of the amenities depicted in the plan". |
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*02/22/99 View Doc |
Letter from Jim Macon as a director of Cross Tie Ranch at Black Bear Reserve HOA. In this letter, Mr. Macon 'claims' that Cross Tie HOA does not have the power to 'govern' as a CTR HOA. However, neither does his Black Bear HOA. He 'claims' that the Black Bear HOA is the original CTR HOA, which is untrue. As shown above (2/16/99), the Black Bear HOA was a 'brand new' corporation formed by Sweetwater. The Black Bear HOA had no authority in the Cross Tie Ranch community whatsoever. | ||||||||
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*03/08/99 View Doc |
This is an interesting document. In this doc,
Sweetwater Holdings is attempting to have Herb Mayer transfer the
"Development Rights" in favor of Sweetwater for
$15,000 (see item 5 of this doc). Sweetwater didn't want the
document recorded in the public records (see item 6 of this doc). Sweetwater
wanted to get Herb to sign this document as an officer of Cross Tie Ranch
Limited Partnership, however that company was bankrupt. As you can
see, Herb realized that he could NOT perform any transaction on behalf of
that company, so he inserted an handwritten note which he initialed stating
"To the extent seller holds title, ownership or authority to sell
and/or transfer said assets.".
Article I Section 6
of the CC&R's state that in order to become a replacement developer
(declarant) 2 conditions must be met, 1)
two or more lots must be bought directly from the developer
and 2) the replacement developer is
assigned developer rights in an instrument recorded with the county.
This document was Sweetwater's attempt to meet the second condition. This
transaction is null and void because Herb Mayer did not have the legal right
to transfer developer rights from Cross Tie Ranch Limited Partnership. And
that means Sweetwater NEVER had the authority to be the declarant, voiding
any actions by Cross Tie Ranch at Black Bear Reserve Homeowners Association
and Cross Tie Ranch of Lake County Homeowners Association. It just so happens that Sweetwater sued the McEntire's for the coincidental amount of $15,000! Was this their chance to recover the 'bribe' Sweetwater paid Herb? |
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*03/10/99 View Doc |
Sweetwater Holdings, Inc obtains a Trustee's Deed for $20,000 from federal bankruptcy court to buy a PORTION of the so-called 'common area' of the Cross Tie Ranch project. Since the CTR community was never legally constituted, the land that Sweetwater bought was not really common area. | ||||||||
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*3/17/99 View Doc |
Letter from Sweetwater about "Former" Cross Tie
Ranch Project saying homeowners will select their directors. Did they have a
legal quorum? Were the votes audited and legally counted and the elections
documented as required by law? They state they are willing to 'deed' the
common areas to the homeowners under 'certain' conditions. Again, they
sold the common areas to Universal Land Holdings on
7/21/00. Once again, Sweetwater states that Mark Carson isn't a director or shareholder of Sweetwater. But as stated above, Mark Carson is listed as an officer for 14 Florida corporations of which 9 of those list J. A. Jurgens (Sweetwater) as the Registered Agent. |
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*3/19/99 View Doc |
Letter from JA Jurgens (Sweetwater) to Dia Frost
(David Frosts wife) in response to a facsimile from her. This document
contains many interesting comments from Jurgens. He mentions something he
refers to as HOA I, II, & III as if something 'magically' separated
the Cross Tie Ranch Homeowners Association into 3 distinct organizational
entities. He mentions that "...there is no obligation for HOA I & II to be
governed by the Black Bear Reserve master association". Like the
problems of CTR with multiple HOA's, Black Bear also is plagued by four
different HOA's that 'claim' to govern that community. However, the CTR Black Bear HOA (HOA III?), changed it's name to Cross Tie Ranch of Lake County Homeowners Association on 12/21/2001. |
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*3/20/99 View Doc |
Herbert Mayer Jr. letter of resignation as director of the Cross Tie Ranch Homeowners Association, Inc. Keep in mind here that Mayer's company (Cross Tie Ranch Limited Partnership) is totally bankrupt at this point. And here he is resigning as a director of the Cross Tie Ranch Homeowners Association. Amazingly, Herb signs a document 2 years later modifying the Cross Tie Ranch covenants!! | ||||||||
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3/21/99 View Doc |
JA Jurgens and Nick Shields letter of resignation as directors of Cross Tie Ranch at Black Bear Reserve Homeowners Association, Inc. | ||||||||
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4/2/99 View Doc |
Letter from Knudsen to Jurgens regarding legal opinion of HOA. | ||||||||
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4/6/99 View Doc |
Letter from Jurgens to Attorney Paul Wean trying to obtain an opinion on the legal status of the Black Bear HOA. Note the differences in what Jurgens asks for and what Knudsen asked for in his letter on 4/2/99. | ||||||||
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5/10/99 View Doc |
Letter from JA Jurgens to another attorney (Paul Wean) "requesting your office to provide an opinion regarding the Homeowners association with cc to John Knudsen. | ||||||||
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5/18/99 View Doc |
Interesting document from attorney Paul Wean. Note that Wean states that the 'proper' documents do NOT exist and that significant legal problems exist. | ||||||||
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7/19/99 View Doc |
Letter from John Knudsen to Jim Macon and Charles Whitfield Re: Cross Tie Ranch HOA. | ||||||||
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10/27/99 View Doc |
Letter from Eline Ransom supposedly to all of the CTR residents concerning re-zoning of CTR phase III to agricultural. | ||||||||
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10/27/99 View Doc |
Sale of Lot 44 from Norman Abess to AVCO in lieu
of Foreclosure. Again, since there was a lien on the lot by Cross Tie Ranch
Homeowners Association, AVCO put monies into an escrow account since that
HOA was defunct. The sales price was $52,600. The lot was subsequently sold to Linda Lake on 2/3/00 and eventually to the McEntire's on 5/18/01. |
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11/05/99 View Doc |
Another letter from Eline Ransom and David Hoven supposedly to all of the CTR residents concerning re-zoning of CTR phase III to agricultural. | ||||||||
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11/12/99 View Doc |
Fax from Scott Price (Sweetwater) to Todd Jorgensen. 22 pages but we only have the first 14. Apparent attempt to prove that Cross Tie Ranch at Black Bear Reserve HOA has the right to govern the CTR HOA. We scanned only the first few pages. | ||||||||
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11/17/99 View Doc |
Letter from John Knudsen to attorney Rick Larson Re: Cross Tie HOA. Mr. Knudsen references the 990119 letter above. | ||||||||
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12/01/99 View Doc |
More legal bills. Invoice for work done by attorney Rick Larson on Cross Tie Homeowners Association. | ||||||||
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*01/04/00 View Doc |
Sale of lands in Phase III to Jon and Rita Rackley that includes 170 acres of Cross Tie Ranch common area that was designated as open recreation space. In violation of the original promise by the developer and in contradiction of the PUD and CTR declarations, the 170 acres in CTR Phase III have never been and still are not available for the recreational use of CTR residents. This is in direct violation of chap 498 and voids the PUD and the CTR declarations. | ||||||||
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02/03/00 View Doc |
Sale of Lot 44 from AVCO Financial to Linda
Lake. Again, since there was a lien on the lot by Cross Tie Ranch Homeowners
Association, and that HOA was defunct, the monies that were being held in
escrow to satisfy that lien were not paid out. The sales price was $52,000. The lot was subsequently sold to the McEntire's on 5/18/01. |
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*02/22/00 View Doc |
Lake Co. Board of County Commissioners meeting minutes. This is a very long (big download) discussion and vote on the request by John Rackley to amend the PUD for CTR phase III to be able to fence the property and graze cattle and horses. This is a very interesting document and provides a great deal of insight into what transpired with phase III. It is our contention that since the CTR residents don't own or have access to the common areas in phase I and II OR any part of phase III including the 173 acre recreational area, the PUD is without effect and does not meet the requirements as it was intended. The Lake Co. BCC should vacate the PUD and return the land to it's original state. | ||||||||
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*03/17/00 View Doc |
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04/13/00 View Doc |
CTR @ Black Bear annual report filed with the Dept of State showing JA Jurgens, Scott Price and James Macon as officers. | ||||||||
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07/07/00 View Doc |
Letter from Scott Price (Sweetwater) to the CTR residents. Mr. Price states they are holding an "organizational meeting" of the Black Bear HOA on Aug 15th to elect a Board of Directors. This brand new HOA was incorporated on 2/16/99 that included 3 board members, 2 of which already resigned. They didn't have enough board members to constitute a legal quorum by any stretch of the imagination. | ||||||||
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*07/20/00 View Doc |
Warranty Deed for $261,300 from Sweetwater Holding to Universal Land Holdings for a PORTION of the so-called common areas of the Cross Tie Ranch project. The 170 acres of so-called common areas in phase III that were promised to the residents belong to Jon Rackley and were not part of the deal and to this day still do not belong to ANY of the so-called HOA's. | ||||||||
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*07/21/00 View Doc |
Sweetwater Holdings (Jurgens & Price) sell the CTR common areas to Universal Land Holdings for $261,300, an incredible $241,300 profit in a year and a half!! Does this mean the Sweetwater is no longer the declarant? If so, then how did they transfer control of the HOA to Henry McDaniel 5 months later? Did Sweetwater keep it's promises to construct and renovate the amenities of Cross Tie Ranch project? Is ownership of the common areas by an outside party a continuation of the 'undermining' of the intent of the PUD and Declarations? | ||||||||
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*08/24/00 View Doc |
The fun continues! This so-called 'public'
meeting at a private residence was attended by a mere seven residents and a
lawyer. They nominated and elected themselves as HOA board members! Their
lawyer (Leslie Campione) mentioned "legal requirements according to the
bylaws", which didn't exist and were not 'created' until
4/25/2002. Wisely, questions were
raised as to the "legality of the corporate documents". The response was
"Scott Price [Sweetwater] will be asked to provide copies of the legal
documents". Mr. Price responds on
9/8/2000. Note Price's statement on the lack of a "corporate book",
budget and expenditure records constituting a violation of fiduciary duty,
state laws and the governing documents. In this so-called annual meeting of the residents, we are not sure who of how many officers of the Lake County HOA were elected. Clearly they had no authority to conduct business on behalf of Cross Tie Ranch of Black Bear Reserve HOA. Here are the purported officers:
Several issues were discussed including the
removal on the well tank from lot 44. David Frost was to "approach Mark Lake
and try to settle the issue-no threats". Mark & Linda Lake subsequently sold
lot 44 to the McEntire's which were then sued by Sweetwater holdings over
the well on their lot and supposedly $15,000 of 'dead landscaping' at the
front entrance. Linda Lake recommended to the McEntire's that David Frost
build their home. Mr. Frost took a down payment to begin construction, and
then refused to build the McEntire's home stating "I won't build your
home unless you hand over your well to the HOA". Frost has yet to
return the McEntire's money to this day. |
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*09/08/00 View Doc |
Letter from Scott Price (Sweetwater) to Hank
McDaniel. This document provides some incredible insight into the realities
of the situation:
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*9/16/00 View Doc |
Although this document is hard to read, it has
several interesting statements. This Email was sent from Hank McDaniel to
Jim Macon, Eiline Ransom, David Frost, Randy Lusignan, Doug Johnson and
Leslie Campione (lawyer). Although this is not the first occurrence of a
total lack of regard of
Chap 720 of the
Florida State Statutes, this is but another shining example of that and
Hank's flagrant disregard of Florida law.. As shown on 8/24/00, David Frost was put in charge of resolving the squabbling over the well on lot 44 (see also 9/28/00). In this doc, Hank states "I spoke with David Frost who in turn spoke with the lakes. They are willing to allow us to hook up a system to the existing well head on their property until we can get it moved to the adjacent property." Regardless of Hanks statement here and Scott Prices (Sweetwater) statement on 9/8/2000, the McEntire's were sued by Sweetwater over the well on their property. Linda Lake recommended David Frost to the McEntire's as a builder for their new home. Mr. Frost took the McEntire's money and then refused to build their home unless they handed over their well to the HOA. The McEntire's refused to be coerced, intimidated, and blackmailed. |
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9/21/00 View Doc |
Letter from Hank to the CTR Residents. Attempt to convince the residence that the "newly formed Cross Tie Owners Board of Directors..." is legitimate. Meeting held in Hank's home on 8/15/00 'supposedly' was sufficient to elect a HOA board for the entire CTR community. | ||||||||
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9/22/00 View Doc |
Cross Tie Homeowners Association, Inc. is dissolved for failure to file an annual report. | ||||||||
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*9/27/00 View Doc |
Bill for HOA copies. Note: Inner\G is Henry McDaniel's company. In violation of Article VII, Section 1 of the Amended Declaration, McDaniel now lists and operates his "Inner/G Corporation" out of his home on Nashua Blvd. Association funds were used to pay for copies for an illegitimate purpose and the maintenance contract on the copier in an effort to legitimize the embezzlement of HOA funds | ||||||||
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*9/28/00 View Doc |
The letterhead indicates that this doc is the
meeting minutes of Cross Tie Ranch of Lake County Homeowners Association.
However, note that Hank mentions that he has opened an account in the name
of the now dissolved
Note that David Frost is tasked with
"Handling the Well issue". Apparently Mr. Frost took this to mean that he
could take the McEntire's money to build their home, then refuse to build
their home until they handed over their well to the HOA. Mr. Frost never
completed any work for the McEntire's and has yet to return their deposit
money. |
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*10/4/00 View Doc |
Insurance proposal to Hank McDaniel by Brown &
Brown, Inc. Note the quote is for "Cross Tie Home Owners Association". As
Shown on
9/28/00, a bank account
was opened with the Cross Tie Homeowners Association name and now insurance
is being obtained for Cross Tie Homeowners Association. Which HOA is in
charge? Why is ANY HOA insuring property that they don't own. Where in the covenants does it say that the CTR residents are required to insure someone else's property? |
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*10/5/00 View Doc |
We're not sure what corporation they are doing business under at this point. David Frost signed this doc as a CTR at Black Bear officer, but Hank states that the HOA name will be changed to Cross Tie Homeowners Association. Notice the $248.01 charge for copies. Those copies were billed to Hank McDaniel's company, INNER/G, as shown on 9/27/00. Are HOA funds being diverted into the company of a board member?. | ||||||||
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*10/08/00 View Doc |
Letter from David Frost to Vicky Nelson
regarding lien monies held in escrow for lots 44 & 45. Mr. Frost indicates
that the old HOA had been "resurrected". However, Cross Tie Ranch Homeowners
Association was still defunct and certain residents were now doing business
under three different corporations, all 'claiming' to have the right
to govern the community. Amazingly, Frost is asking for lien monies that are
owed to another corporation to be paid to Cross Tie Homeowners Association.
Notice the amount of $1,751.18 which matches the amount offered to the Lakes as a credit for their dues if they repaired the well. |
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10/11/00 View Doc |
Again, confusion as to which corporation is in charge. The letterhead indicates CTR of Lake Co, but the first line states this is a meeting of Cross Tie Homeowners Association. "Would we be liable under specific possibilities?" asked Doug Johnson. What's your guess? The board members have been placed on notice by 2 separate attorneys of their personal liability. | ||||||||
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*11/01/00 View Doc |
Sweetwater grants an easement of lot 43
specifically for "irrigation improvements, including wells, pumps, lines
and related improvements". Lot 43 is next to lot 44 which was sold to the
McEntire's on
5/18/01. Sweetwater
sued the McEntire's for the well on lot 44 claiming the McEntire's should
hand over their well to one of the HOA's, and pay $15,000 for 'supposed'
dead landscaping on the front entrance. The CTR plat shows a 'landscaping &
irrigation' easement of the south 15 feet of ALL of the lots along SR-44
including lots 44 & 43 among others.
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*11/02/00 View Doc |
Ciaos, fraud, and confusion. Again, the
letterhead indicates CTR of Lake Co, but the first line states this is a
meeting of the Cross Tie
Homeowners Association.
And note the statement that dues checks are "to be made payable to Cross Tie Homeowners Association". Again, further discussion on "The Mark Lake/Cross Tie well problem remains unresolved". Heading up the effort to 'negotiate' a solution for the well on lot 44 is David Frost. As lot 44 was sold to the McEntire's on 5/18/01, Frost seized the opportunity to take the McEntire's deposit monies then refused to build their home unless the McEntire's acquiesced to Sweetwater's and the HOA demands. The McEntire's were then 'double teamed' and sued by Sweetwater Holdings over the well on their lot. Frost has kept the McEntire's money to this day and never even pulled permits to begin building their home! |
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*11/03/00 View Doc |
Now we are back to CTR @ Black Bear! However
note the statement "Checks made payable to:
Cross
Tie Homeowners Association", Joe Sinay's corporation. As
has been clearly demonstrated, some residents tried to hijack the
Cross
Tie Homeowners Association in an attempt to distance
themselves from the original HOA and the Black Bear HOA. These fraudulent and criminal actions represent a callous and calculated effort to scam and con the residents of CTR. In this document the statement is made "The Annual fees have been established at $500 per lot". Article IV Sec 3 of the Declaration of Covenants, Conditions, Restrictions and Easements (CC&R's) establish the annual dues amount at $288 per lot. On 1/14/02 Mr. McEntire sent a certified letter to Sentry Management asking for ANY and ALL meeting minutes where the annual assessment amount was changed. He never got a reply. The reason: they CAN NOT legally justify the $500 annual assessment amount because they simply "made it up" as shown in this letter. Therefore, even if (and that's a BIG IF) they were a legal subdivision and HOA, the MAXIMUM amount they could collect would be $288. That means the liens filed by 2 different HOA's represent a falsification of documents and are a clear violation of the Fair Debt Collection Practice act. Also notice the statement at the end the 'claim' that "This association is being managed solely by your fellow neighbors". Again, that is another deliberate misrepresentation of the facts! Two of the three officers of CTR @ BB as listed in the state records were JA Jurgens and Scott Price; two lawyers for Sweetwater Holdings and NOT fellow neighbors. In collusion with McDaniel, Sweetwater Holdings (Jurgens and Price) was continuing to run this corporation well into 2001 (see 11/26/2001 doc) by voting 3 times per lot and still 'claiming' to be the declarant. In addition, the original Cross Tie Ranch project comprised 3 phases, 80 homes in phase I and II and 130 homes in phase III. The CTR developer went bankrupt and phase III was sold to Jon and Rita Rackley who own that property today. The burden to maintain what was supposed to be common area should be spread across 210 homes, not 80 resulting in an unfair and unjustified share being apportioned to the 80 individual lots. Also, Phase III included 170 acres of open space that were designated as common area. Those 170 acres were promised as part of the marketing materials and by various developers or declarants. These 170 acres have never been owned by any HOA and $1,000 annual dues to maintain and\or repurchase that land is unauthorized and breaks the contractual agreement with each CTR homeowner to enjoy the use of that 170 acres. |
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*11/14/00 View Doc |
This document
is full of holes. Letter from Jurgens (Sweetwater) to Henry McDaniel
purporting to transfer control of the Black Bear HOA to a CTR resident,
Henry McDaniel. However, this couldn't be done at this time because
as shown below (7/16/01),
Sweetwater Holdings illegal attempt to become the declarant wasn't even filed. The
purported amendment to the
covenants that attempted to make Sweetwater a declarant was done EIGHT
MONTHS after this and signed by Herbert Mayer (original Cross Tie
developer) whose company was now bankrupt AND Herb
had resigned as an officer of the Cross Tie Ranch HOA.
What authority did Herbert Mayer have to sign the HOA amendment? Note that Jurgens states that "The ownership of these lots gives Sweetwater Holdings voting rights that are no different from the voting rights of the other lot owners", meaning 1 vote per lot. HOWEVER, as shown below (11/26/2001), Sweetwater gave Henry (Hank) McDaniel a proxy to vote for them in an annual election and voted 3 votes per lot!! |
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*11/21/00 View Doc |
They appear to set the fiscal year from Dec 5th - Dec 4th, however the Cross Tie Ranch of Lake County HOA approved budget states the fiscal year from Jan 1 - Dec 31. Again, which HOA owns the common areas and has the right to govern at Cross Tie? According to the investigative conclusions of the DBPR, none of the 3 so-called HOA's have that right, PERIOD! | ||||||||
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*12/04/00 View Doc |
Prep meeting minutes for 12/5 meeting. This 'secret' meeting done without notice to the residents is another violation of Florida Law (Chap 720). | ||||||||
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*12/05/00 View Doc |
Meeting minutes of 'supposed' annual meeting. There is no indication of the members present or audited verification that a quorum was present. Article IV Section 5 of the CC&R's states that in order to constitute a quorum for actions under Article IV Section 3 or 4 a majority of the lot owners must be present or represented by proxy. That would mean that 41 lots needed to be present for this meeting IF they were changing the annual assessments. Changing the annual assessment amount clearly wasn't the purpose of this meeting. Nowhere in the CC&R's does it mention what constitutes a quorum for any reason other than actions to change the annual/special assessment amounts. They purported to set quorum requirements when they 'created' by-laws' a year and 5 months later. So like everything else, they simply make it up as they go. This meeting in no way constituted a 'legal' quorum. | ||||||||
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*12/19/00 View Doc |
Letter from Leslie Campione to the Lakes Re: the
well on the Lakes lot 44. In the letter from David Frost on
10/08/00, he asks a title company
to send $1,751.18 check for a lien placed on lot 44 by another corporation (Cross
Tie Ranch Homeowners Association). Not so coincidentally,
in this document, this is the same amount Leslie Campione offers the Lakes
as a dues credit. So here they attempt to 'reach back' and apply purported
dues owed from 1996 to 2001 dues, another violation of state law and federal
law (Fair
Debt Collection Practice act).
Campione incorrectly lists the lot number as 43. Somehow the HOA and
Campione come to the irrational conclusion that an irrigation easement
covers a well. If that was the case, why did Campione file another easement
on lot 43 in the same 15' irrigation easement area on
11/01/00? |
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*12/21/00 View Doc |
Filing by Hank McDaniel to change the HOA name
from Cross Tie Ranch at Black Bear Reserve at Cross Tie Ranch to
Cross Tie Ranch of Lake
County Homeowners Association.
At what meeting was there a vote to change the name?
McDaniel 'claims' that this 'amendment' was 'adopted' by the 'members' on
Dec 5 and the "number of votes cast for the amendment was sufficient for
approval". Where are the records for proper meeting notification, audited
vote counts, and proof of a membership quorum? And what document sets the
quorum? Again, they 'spout off' that a quorum was present despite the fact
there was not and they have zero documentation to conclusively demonstrate
they had a quorum.
Actually, there weren't any bylaws or deed
restrictions filed for the CTR @ Black Bear HOA.
They erroneously assumed that the deed restrictions for the original CTR HOA
somehow applied to the CTR @ BB HOA. Nothing in the Black Bear HOA articles of incorporation state the membership
required to create a quorum. In McDaniel's
1/4/01 letter he quotes
'percentages' voting in order to pass this amendment. As part
of the ongoing scam to railroad the CTR residents, these guys fantasized
that 10% of the HOA membership creates a quorum. Realizing that such a
ridiculously low quorum requirement wasn't documented anywhere, they later (4/25/2002)
tried to legitimize the quorum percentage by fraudulently documenting quorum
requirements (see
Article II, Section 2.11) in newly filed bylaws. This creation of
'vapor-laws' is a
clear violation of Florida law and part of the coordinated efforts of a few
to defraud the residents of CTR. Also in this document, Mr. McDaniel supposedly 'decreed' himself the Registered Agent. |
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*12/29/00 View Doc |
Front and back copies of checks from title company from escrow account for "claim of lien payoff for lots 44 & 45". Hank deposited these checks into the Cross Tie Homeowners Association account. Beyond the realm of imagination, the lien was filed by Cross Tie Ranch Homeowners Association, the checks made payable to Cross Tie Homeowners Association, but were deposited by Hank as Cross Tie Ranch of Lake County Homeowners Association!! | ||||||||
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*1/04/01 View Doc |
Here a claim is made that the 12/5/00 meeting represented a 'legal' quorum of CTR residents. However, there isn't any evidence to support that in any way. Also, there is no specific reference to what constitutes a quorum in the CC&R's except when actions are taken under Article IV Sections 3 & 4. And that states that a majority of all home owners (41) must be present in order to have a quorum, not the 8 they try to pass off as a quorum!! | ||||||||
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*2/06/01 View Doc |
Anyone who has a few bucks can file to set up a
"legal corporation". The real question is does this HOA have the authority
to govern at CTR. Apparently not, which they admitted later by dissolving
this corporation and reinstating the original HOA. Do they totally make this stuff up as they go along? McDaniel's states "To amend the covenants and restrictions requires a 2/3% of the votes of lot owners. (55)". We're not sure where he dreamed up this amount since no quorum requirement is specified for the Black Bear HOA articles of incorporation and bylaws weren't even filed. For sure there was NOT anywhere close to that or even proper notification and an audited/verifiable vote for the amendments they did on 12/21/00, 7/21/01 and 4/25/02! |
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*2/13/01 View Doc |
Insurance policy. It looks like they decided that they needed insurance on the well. J However, at this point note that although they 'claim' to be operating as Cross Tie Ranch of Lake County Homeowners Association, they have now obtained an insurance policy, a bank account and a P.O. box in the name of Joe Sinay's company, Cross Tie Homeowners, Inc. | ||||||||
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*2/20/01 View Doc |
Letter to Hank McDaniel from Southeast title regarding Lien payoff. (See checks on 12/29/00) Interesting to note that the original liens on lot 44 & 45 were for $875.59, however Southeast title issued 2 checks for this lien totaling $2,304.00. | ||||||||
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*3/01/01 View Doc |
Release of lien filed by CTR HOA on 9/11/96. The release signed by Hank McDaniel as President of Cross Tie Ranch Homeowners Association. HOWEVER, at this time they were doing business as Cross Tie Ranch of Lake County Homeowners Association. View the checks that were issued for this. | ||||||||
|
*3/02/01 View Doc |
Vacant Land Disclosure Statement for sale of lot
44 from Linda Lake to the McEntire's. On this disclosure statement under
item "E. Other Matters" states "Is there anything that may
adversely affect the value or desirability of the property,
e.g., pending claims or litigation, notice from any
government authority of any violation of law or regulation,
proposed zoning changes, street changes, threat of condemnation, or
neighborhood noise or nuisance?" Linda Lake wrote "The well irrigates the front landscaping at entrance in addition to the home to be built. All maintenance on well provided by HOA and electric bill powering pump paid by HOA." The McEntire's found out later that this was false. Lake failed to disclose the significant legal problems and the HOA claim she was aware of between the Lakes and the HOA (Click on these links - 8/24/00, 9/08/00, 9/16/00, 9/28/00, 11/01/00, 11/02/00, 12/05/00, 12/19/00 to see Frost's involvement in the Lake\Well issue). Lake also failed to disclose the $4.79 million fine against the CTR developer by the DBPR division of land sales for violations of the Florida land sales statutes. She also failed to disclose the fact that the Cross Tie residents didn't own the common areas and could not use or repair the dilapidated or non-existent but promised amenities. |
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*3/13/01 View Doc |
How did the board resolve with "personal
contact" the issues with people that feel they don't have to join? Did
they go break their legs? What does a "strongly worded letter" mean? A 'threat'?
'Intimidation'? For a corporation that was shut down when it was
realized it had no authority to govern, they make very bold and dangerous
statements! In this doc, under "Amendment Ballot:", why are they needing to get ballots to change the name to Cross Tie Ranch of Lake County Homeowners Association? Hank McDaniel already filed a name change on 12/21/00. Did they not have a proper meeting and vote to do that already? |
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3/20/01 View Doc |
Letter from Linda Lake to the McEntire's prior to the sale of lot 44 to them. Linda Lake was the realtor and owner for lot 44. The meeting minutes for the 01/04/01 HOA meeting were attached to this letter. No disclosure was made to the McEntire's as to the pre-existing legal issues the lakes were having with the HOA over the well (8/24/00, 9/08/00, 9/16/00, 9/28/00, 11/01/00, 11/02/00, 12/05/00, 12/19/00), nor the fact that none of the 4 different HOA's owned the common areas. | ||||||||
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5/18/01 View Doc |
Sale of Lot 44 from Linda Lake to the McEntire's. The sales price was $66,000. | ||||||||
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*5/21/01 View Doc |
Contract for construction of McEntire's Home by David Frost. Frost gladly took the McEntire's $2000, but then he refused to build the McEntire's home on lot 44 saying "You have to hand over the well on your lot to the HOA before I will build your home". Frost never pulled the permits and the McEntire's had to contract with another builder for their home. To this day, Frost has not returned the McEntire's money; perhaps because he was in charge of the "well issue"? (8/24/00, 9/16/00, 9/28/00, 11/02/00) | ||||||||
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*6/06/01 View Doc |
Release of lien on Doug Johnson's lot by Hank McDaniel. Clearly this is a conflict of interest and shows favoritism and inconsistent and unfair treatment of past and present debts. Why were the liens not removed for lots 44 & 45? There is no record or proof that Johnson paid a dime to satisfy this lien. | ||||||||
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*7/16/01 View Doc |
Yet another questionable document. This document
was signed by Herb Mayer. As shown by the document signed on
3/20/99, Herb Mayer resigned
as a director of the Cross Tie Ranch Homeowners Association, Inc. Cross
Tie Ranch Limited Partnership was chap 7 bankrupt in 1996. So how is
Herb modifying the CTR covenants and restrictions? The answer is, he
can't!!
And note that Sweetwater is the beneficiary of this filing whereby
Sweetwater is attempting to be named as the declarant. Sweetwater and Herb
are trying to modify the original covenants (Article
I, section 6) and remove the sentence that required Sweetwater to buy 2
or more lots in order to become the declarant. |
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*8/01/01 View Doc |
Letter from Henry McDaniel to
the Cross Tie Ranch residents. Another attempt
to 'hoodwink' the residents into believing they have acted within the law. Bold
'threats' to mow your grass or else! "We'll give you a key if you sign a
waiver" to use tennis courts owned by Universal Land Holdings! Imagine
that! Acting as a debt collector, McDaniel states "You must pay in full
by August 20, 2001. After this date, all homeowner and lot owners with
outstanding balances will be turned over to legal counsel for collection".
Calling the residents "dissidents" Art Swanton in collution with Hank
McDaniel decided to initiate forclosure proceedings on
March 28, 2002. This
is a violation of the Fair Debt Collection Practices Act.
Hey Hank; how about the next time someone says "this thing isn't legal", you agree and show them the facts on this web site! For all of the bold statements made here by McDaniel that this HOA is legal, it didn't take to much longer for his crew of thugs and bandits to shut this HOA down stating that it "didn't have any legal authority". McDaniel sends another threating blackmail letter to the residents on Nov. 19, 2001. |
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8/07/01 View Doc |
Letter from the McEntire's attorney to Leslie Campione, attorney for the HOA's. First attempt by the McEntire's to resolve the situation regarding the McEntire's well on their property without litigation. | ||||||||
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8/23/01 View Doc |
Another letter from the McEntire's attorney to Leslie Campione. Second attempt by the McEntire's to resolve the situation regarding the McEntire's well on their property without litigation. This would have been a point where the HOA board members could have seized the opportunity to favorably resolve the matter with very little cost to the McEntire's or the association. However, as has been the case over and over again, they chose to ignore this offer and fight. Residents should refer to this when they ask the McEntire's "Why are you fighting this?". Many opportunities have come and gone due to the HOA's stubbornness and refusal to work with any residents on issues. | ||||||||
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9/05/01 View Doc |
Letter from the Patrick's re: the HOA and response letter from Sentry Management. | ||||||||
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*9/21/01 View Doc |
Cross Tie Ranch of Lake County Homeowners' Association, Inc. is dissolved for failure to file an annual report. The Registered Agent is listed as Hank McDaniel and 3 officers; JA Jurgens, Scott Price and Jim Macon. The strong connection between Sweetwater Holdings and Hank McDaniel is further confirmed. See purported turnover to Hank on 11/14/2000 and turnover of proxies to Hank on 11/26/2001 as examples of this conspiracy based relationship. | ||||||||
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9/25/01 View Doc |
Sentry Management introduces itself as the new management company the HOA has hired. Of course, there was no discussion of this or vote for this action by the CTR residents. | ||||||||
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*10/03/01 View Doc |
Lake Co. Sheriff report and resulting letter to Sheriff Knupp. The McEntire's placed a lock on their electric box powering their well on lot 44. Subsequently the McEntire's lock was cut off, their electricity turned on, and a different lock placed on the McEntire's electric box. As you see by these documents, Mrs. McEntire signed an "Affidavit, Notice of Intent to Prosecute". Deputy Taylor informed the McEntire's that he felt this qualified as "theft of electricity, theft of water, criminal trespassing, and malicious destruction of property. Todd Jorgenson later told Mr. McEntire the he was the individual that cut off the lock and felt he had that right because of the irrigation easement. The McEntire's are exploring their legal options in this matter. | ||||||||
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10/03/01 View Doc |
Letter from the McEntire's title company 'claiming' that the McEntire's have no claim against their title insurance over the well on their lot. However, it is later learned that the HOA nor anyone else has any rightful claim to the well on the McEntire's property. | ||||||||
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*10/04/01 View Doc |
Lake Co. Sheriff report regarding call from Todd Jorgenson to Mr. McEntire at his place of employment. Both Mr. Jorgenson and Scott Price called Mr. McEntire and threatened him regarding the well on the McEntire's lot. Price threatened legal action. Sweetwater Holdings (Scott Price & JA Jurgens) sued the McEntire's over the well on the McEntire's lot on 1/22/02. UPDATE: After 2 1/2 years of litigation harassment, Sweetwater has dropped all charges against the McEntire's. Clearly Price and Jurgens have abused the legal systems and should be disbarred. | ||||||||
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*10/17/01 View Doc |
Statement of account for McEntire's lot 44. Despite the fact that Linda Lake had informed the McEntire's dues were paid forever because of the well deal, and the fact that the HOA collected $2,304 for lots 44 & 45 on 12/29/00, the HOA now decides it is going to collect dues from the McEntire's. The McEntire's bought the lot on 5/18/01, however the HOA is now attempting to charge the McEntire's dues for all of 2001. Even if the HOA had the right to collect dues (which it doesn't), it should have collected them at the McEntire's land loan closing time. The McEntire's closing statement on 5/18/01 did not show any amounts for HOA dues which confirmed what was told to them by Linda Lake. Also, the previous debt on a lot for dues can not be passed to a new owner through title as stated by article IV sec 1.htm. However, despite this rule the HOA still passed the Lakes obligation on to the McEntire's. | ||||||||
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10/18/01 View Doc |
The HOA and Sentry Management decide to file liens against several CTR owners. This action clearly constitutes "slander of title" and is being prosecuted as such in court. Several liens were filed on folks homes on 11/27/01. | ||||||||
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10/31/01 View Doc |
Various financial statements put together by Sentry Management. | ||||||||
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11/1/01 View Doc |
Letter from Domenico Mammoloti to Sentry Management regarding various changes to his home. | ||||||||
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*11/6/01 View Doc |
An example of how this HOA decides to start adding interest to uncollected annual dues. However, they do NOT have the authority to collect late fees and/or interest. Nothing in the CC&R's mention the right to collect any type of fee or charge of this nature. A $7.50 interest charge per month exceeds an APR of 12.5%. This is another violation of the Fair Debt Collection Practice act, including but not limited to, section 808. Selected lots were discriminately excluded from interest by the HOA resulting in the unfair practice of singling out certain homeowners for illegal fees. | ||||||||
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11/6/01 View Doc |
Letter from this HOA's CPA company regarding preparation of State and Federal tax returns. The CPA firm states "Our engagement cannot be relied upon to disclose errors, irregularities, or illegal acts, including fraud or defalcations that may exist." We wonder if any of the 4 HOA's brought the documentation on this web site to the CPA's attention? Maybe they would have informed the HOA of the massive errors, irregularities, illegal acts, fraud and defalcations that exists. | ||||||||
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11/9/01 View Doc |
Response from Hank McDaniel to Mr. Mammoloti about his proposed architectural changes. Hank balks about Mr. Mammoloti's inquiries about a detached garage, however Hank, of course, easily got approval for his detached office building in his yard! | ||||||||
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*11/14/01 View Doc |
Hotly contested HOA meeting in the school cafeteria. Hank McDaniel states "I've had lawsuits before and I've won 'em all. Bring 'em on!!". In an attempt to further harass and intimidate Cross Tie residents, the HOA illegally votes to suspend the membership rights of those who rightfully refuse to be a part of this questionable HOA. | ||||||||
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11/15/01 View Doc |
Request from attorney Leklem to attorney Fuller to provide documentation as to the legal basis for this HOA governing the CTR community. No reply is ever given and eventually this HOA is dissolved (1/23/02). There isn't any section in the covenants that provides the board with the right to suspend membership rights. | ||||||||
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*11/15/01 View Doc |
Hank McDaniel reinstates Cross Tie Ranch of Lake County Homeowners' Association, Inc. naming James Hart of Sentry Management as the RA, with himself, Randy Lusignan, and Ron Harrell as officers. This Corp was dissolved on 9/21/2001 for failure to file an annual report. | ||||||||
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*11/15/01 View Doc |
Memo from Todd Jorgensen to Art Swanton with Sentry Management regarding installation of a well on lot 43 (next to the McEntire's owned by Sweetwater Holdings). Todd reiterates that Hank now has the requisite documents that would allow them to place a well on lot 43. In an obvious abuse of the legal process the McEntire's still got sued by Sweetwater on 1/22/02 over the well on their |