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Old 02-13-2011, 08:52 AM
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Default Class Action

Advogado is correct concerning both the class action suit and the IRS's investigation of the bonds issued in 2003. Whether the IRS allegations prove true is a test of time. However, as to the class action suit there was more. To begin with the lawsuit only benefited those north of 466. When the Developer and the POA jointly announced the settlement it was accompanied with an admonition that those who wanted to opt out to proceed on their own needed to submit their decision in writing. However, what the Developer and POA did not disclose, and what was disclosed by the Orlando Sentinel (Lauren Ritchie) was the fact that the POA leadership which filed individually were separately offered and accepted $50,000 each and that the POA attorney was separately paid $6.7 million for 15 months work. This created a need for the POA to conduct a March 18, 2008 meeting to explain the settlement. During that meeting the POA attorney kept repeating that she could not go into detail because a confidentality clause was included in this settlement. Perhaps POA members should have been assembled before the settlement to voice their opinions, concerns and otherwise seek complete understanding of the proposal's details before it was settled? I will leave that discussion for the legal minds???

One member has questioned whether the settlement amount is sufficient. Obviously, it would depend on how wisely the money is spent. For instance the AAC used a portion of it to reconstruct cartpaths. I do not know but would hope that the AAC made an attempt to co-opt the Developer and his sub-contractors to contributing to this project since the cartpaths were poorly designed and posed safety concerns their intended use initially. Again I will leave that discussion to the legal minds because I do not know the legal ramifications? This is my opinion and I could be wrong about some of these details and would welcome and invite member(s) for any editorial comments