03-07-2011, 04:02 PM
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Sage
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Join Date: Mar 2008
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Quote:
Originally Posted by Advogado
Just a minor correction: While the POA supported the class-action suit against the Developer, the POA, itself, did not bring the suit, as you stated. The class-action suit was actually brought by individual residents who are active in the POA. For a list of plaintiffs, go to http://www.thevillagesfl.us/classactionsettlement.htm
The reason for this, I would think, is that the POA is merely a voluntary-membership organization and not a "standard" homeowners' association with mandatory membership and the power to assess fees. Consequently, the POA probably doesn't have standing to sue the Developer on behalf of all residents.
While this may sound like I'm splitting hairs, the distinction may become important if we have another major issue arising out of the actions of the Developer. I.e., although, in such a case, we will have POA support, we will again need interested individual residents who are willing to take the initiative and devote the time and effort to stand up for all of us.
Incidentally, the fact that membership in, and financial support of, the POA is voluntary has enabled the Developer to weaken its clout by subsidizing the VHA, which the Developer clearly has in his pocket.
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And so, did the five individuals get to keep the 300,000. incentive fee?
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