Déjà vu…..what comes around-goes around.
Recently responded to several comments made re the changes at Hacienda CC. To reinterate…it was necessary for the developer to file with various States a
Property Report which stated on its’ face “The developer is responsible for the Accuracy and completeness of this report”. The one filed with the State of
Connecticut was a 34 page detailed document, revised in 2003. My personal initiative to purchase in The Villages was partially dependent on this report;
which in writing promised a “vision” of how The Villages were developed to that point; and what the developer was to do in the future.
There have been hundreds, if not thousands of purchases in The Villages, by individuals who were led to believe what was presented to them in writing. There is no
problem for someone to revise a plan going forward…but there is a problem for one to significantly change what was a written promise and now proves
detrimental to one who had depended in it. Additionally…there has been many pieces of sales material handed out by the developer over a
period of time that states the same objectives, etc..E.g…..Under additional information on the Restated Report filed with the Connecticut authorities…..it states on page 32 ..”40. "Describe type of building, such as high rise, cluster, garden, etc…".The answer is “The Villages is currently developed in two sections as “units” and “villas”. This follows the
previous remark “39. …..The units are intended for and restricted solely to single family home usage”. It does not say anywhere in the report, that
apartments will be part of the Villages….nor does it say anywhere in the report that multiplex buildings will become part of the Villages…nor does
it say anywhere in the report, any reference to do specifically with apartments at Spanish Springs or Sumter Landing.
No one should have any problem….going forward on new expansion areas of The Villages as to what is to be built. Going forward you are made aware of the plans. It’s when you back up and take something away…or radically change what you have promised in writing…that causes a problem. So what changes have been made against written promises on an Official document
in this case filed with the State of Connecticut. The elimination of the pool, pro shop, tennis courts, dining facilities etc., of Hacienda CC which are specifically mentioned
in the report, (eg..page 3 paragraph 3,page 20 under #17,page 21 under #18, and so on). This not only effects the adjacent homeowners….but also the greater area surrounding
The HH CC …. For the hundreds of homes that considered this course their CC because of their location to the course.
What other changes have/are occurring …… closing of the restaurant at Chula Vista; restaurant closing at El Santiago… the closing of Katie Belle’s which was a written promise
of Resident Dining in a 2004 sales brochure given prospective property buyers….the proposed apartments at Katie Belles….proposed apartments on other Spanish
Spring property…proposed apartments at Sumter Landing…and so on.
There has been talk of a Class Action Lawsuit by several groups, for compensatory Damages, on those several hundred homes that may be effected by the complex
that is proposed at the HH CC location. On speculation…say the developers are making 20% on a home…and they are averaging or have averaged about 5,000 homes a year…at about $300,000 a home sales price…the profit would roughly be $300,000,000. Again, this is speculative…and I have no basis for the profit margin…but just a guess. My
point would be…that even if it’s half of that….to actually lose 5, 6 or even $700,000 on the promises they have made…. (restaurants…CC..etc)….would literally be nothing…and allow them to maintain what they promised in writing.
In addition to a compensatory Class Action suit…there is a question as to whether or not the developers would be exposed to a Punitive Damage count. Generally, punitive damage judgments involve a tort claim, or contract claim Eg… insurance policy. The problems here arise out of contractual purchases, based on written promises.
Punitive Damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the
defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.
I am not an attorney…but have read about these substantial judgments.
Given the importance… of filing a detailed property report with requiring official state entities…the content of these reports cannot be viewed lightly. In this situation, if the breach of written promise is so egregious, to amount to a breach of the implied good faith and fair dealing; there may be a basis for a punitive damage award. Again….I am not an attorney…and what I have concluded may be all wet…but it might be a consideration for those directly effected by the developer’s actions.
Anyhow…these are my current thoughts on the matter.
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