Quote:
Originally Posted by EdV
Ah, but when you signed the contract at your closing, you agreed that you have no right or interest in the recreational facilities nor to how the the amenity fees are used:
4.1 (g) Purchasers of Homesites further agree, .......that the owners, their heirs, successors and assigns, do not have any right, title or claim or interest in and to the recreational areas, security facilities, dedicated or reserved areas or facilities contained therein or appurtenant thereto, by reason of the purchase of their respective Homesites, it being specifically agreed that, (1) the Developer, its successors and assigns, is the sole and exclusive owner of the areas and facilities, and (2) the Contractual Amenities Fee is a fee for services and is in no way adjusted according to the cost of providing those services. I'm not trying to rub anyones face in this but it is what it is so, there's no sense fretting about it now. |
You speak to assets but not to liabilities. I am not a legal expert so I would be interested in what the contract says about liabilities as respect amenities?
The direct parties to the Bond Issue were the Developer and the Officers of the two Governing Districts (VCCDD SLCCD) As such any acts of ommission or commission should rest solely with them.
Since the POA handled the 2008 Amneties lawsuit it would behoove residents to ask the POA to submit in writing a notification to the Developer and Two Commercial district that residents are looking to them to settle this matter should the IRS render an adverse verdict. Further the POA should let both parties know that we do want ensurances that our amentity fees are not being used to defend nor settle this matter. Finally, a copy of this notification should be sent to the IRS and the Florida Attorneys General. to stay silent is to leave the impression that we are in agreement with what the Developer and commercial did and are now doing. (ie silence equates to acceptance)
Again I am only offering my personal opinion as to how we may have someone defend our financial interest, if any.