Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Explain the lawsuit (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/explain-lawsuit-126699/)

TVMayor 09-15-2014 10:08 PM

From the V' News...

Quote:

Villages bonds earn A+, A ratings despite IRS, lawsuit concerns
September 15, 2014 By Marv Balousek

A lawsuit apparently has stopped efforts by the Sumter Landing Development District to refinance amenity and utility bonds.

In August, The Village Community Center Development District began the process of refinancing millions of dollars in bonds to take advantage of low interest rates. About $88.7 million of these bonds are expected to be sold this week.

But officials of the Sumter Landing District were advised recently that they could not move forward with a similar plan in the area south of County Road 466 due to the lawsuit.

Filed last March by attorney Carol Anderson, the class-action lawsuit claims that the developer benefiitted a decade ago by illegally using amenities fees as collateral to issue bonds for community expansion.

About a third of the current amenities fee budget is appropriated for the debt on about $65 million in bonds that were issued, according to the lawsuit, which claims that homeowners should not be responsible for this debt.

“Permitted uses do not include using subdivision amenities fees to finance a purchase of subdivision assets and thereby create an excessive bond debt,” the lawsuit complaint stated.

A response filed Sept. 12 by attorneys Stephen Johnson and Stephanie McCulloch asked the court to dismiss the lawsuit, calling it “frivilous.”

“There is simply not one factual allegation that the obligations of the developer in the plain language of the declarations were breached in any way,” the response stated.

Plaintiffs in the lawsuit include Community Development District 5 Supervisor and Property Owners Association Vice President Gerald Ferlisi as well as Thomas Burke and Susan Richmond. Defendants are the Sumter Landing District, The Villages of Lake-Sumter Inc. and developers Gary and Mark Morse.

“I have never filed a frivilous lawsuit,” said Anderson, the plaintiffs’ attorney. “They have a duty to be absolutely loyal to the plaintifs and correct these amenity-fee (problems).”

An earlier lawsuit brought by the Property Owners Association resulted in a 2007 settlement in which the developers agreed to pay $40 million over 13 years for repairs and improvements to recreation centers and other facilities in the area north of County Road 466. Gary Morse praised the settlement.

Filing the latest lawsuit was delayed in 2010 because of an Internal Revenue Service investigation into the use of tax-exempt bonds to finance development in The Villages.

n an agreement also signed by Sumter Landing District chairman Michael Berning, the same plaintiffs agreed then to hold off filing the lawsuit. The parties agreed they would extend the statutes of limitations on filing their claims.

Now, the IRS investigation is nearing a conclusion and the dispute could wind up in the courts. The agency has claimed the center district was not authorized to issue tax-exempt bonds because it did not qualify as a political subdivision under the law. A final IRS ruling is expected soon.

Despite the turmoil over the lawsuit and IRS probe, Fitch Ratings recently gave A and A+ ratings to bonds issued by the Villages Center Development District. This week’s bond sale will shift tax-exempt bonds to taxable bonds and could help alleviate the IRS concerns.

TVMayor 09-16-2014 09:10 AM

The way I look at it we the residents have a management department called CDD that oversees among other things maintenance of all that is not privately owned including amenities. This is financed using the amenity fees I pay monthly.

We now have a lawsuit stared by three people (plaintiffs). One of the three is Community Development District 5 Supervisor and Property Owners Association Vice President Gerald Ferlisi. He is a member of the CDD that I pay amenity fees to and he is Vice President of the POA I pay membership to.

As a result of his actions the CDD will spend my amenity fees for attorneys to fight the lawsuit and the POA that represents the residents has a VP that has a lawsuit against the residents he represents. (It is against the residents because they are paying the legal fees.)

I do not think Gerald Ferlisi is fit to represent me in the CDD or the POA, he should resign.

Advogado 09-16-2014 11:26 AM

In
 
Quote:

Originally Posted by TVMayor (Post 939089)
The way I look at it we the residents have a management department called CDD that oversees among other things maintenance of all that is not privately owned including amenities. This is financed using the amenity fees I pay monthly.

We now have a lawsuit stared by three people (plaintiffs). One of the three is Community Development District 5 Supervisor and Property Owners Association Vice President Gerald Ferlisi. He is a member of the CDD that I pay amenity fees to and he is Vice President of the POA I pay membership to.

As a result of his actions the CDD will spend my amenity fees for attorneys to fight the lawsuit and the POA that represents the residents has a VP that has a lawsuit against the residents he represents. (It is against the residents because they are paying the legal fees.)

I do not think Gerald Ferlisi is fit to represent me in the CDD or the POA, he should resign.

Your position would make sense only if the new class action lawsuit has no basis. If it is as justified as the first class action lawsuit was, we owe Mr. Ferlisi a vote of thanks. However, because of the abysmal reporting by the Daily Sun, none of the posters to this thread, including myself, know whether or not this is the case. Rather than condemn or praise the Plaintiffs at this stage, I think that it would be wise for us to try to learn what is really going on. Hopefully, tonight, at the POA meeting, we can do so.

janmcn 09-16-2014 11:43 AM

Quote:

Originally Posted by TVMayor (Post 939089)
The way I look at it we the residents have a management department called CDD that oversees among other things maintenance of all that is not privately owned including amenities. This is financed using the amenity fees I pay monthly.

We now have a lawsuit stared by three people (plaintiffs). One of the three is Community Development District 5 Supervisor and Property Owners Association Vice President Gerald Ferlisi. He is a member of the CDD that I pay amenity fees to and he is Vice President of the POA I pay membership to.

As a result of his actions the CDD will spend my amenity fees for attorneys to fight the lawsuit and the POA that represents the residents has a VP that has a lawsuit against the residents he represents. (It is against the residents because they are paying the legal fees.)

I do not think Gerald Ferlisi is fit to represent me in the CDD or the POA, he should resign.

Mr Gerald Ferlisi does not represent you unless you live in District 5. It is up to the residents of District 5 whether Mr Ferlisi is re-elected.

If you live in Rio Grande, as your address shows, your amenity fee will not be spent for attorneys to fight the lawsuit.

Where is the outrage over the almost one million dollars of amenity fees that have been spent since 2008 trying to protect the developer's bottom line?

Attending the POA meeting is the best opportunity to get accurate information.

TVMayor 09-16-2014 12:27 PM

Quote:

Originally Posted by janmcn (Post 939171)
Mr Gerald Ferlisi does not represent you unless you live in District 5. It is up to the residents of District 5 whether Mr Ferlisi is re-elected.

If you live in Rio Grande, as your address shows, your amenity fee will not be spent for attorneys to fight the lawsuit.

Where is the outrage over the almost one million dollars of amenity fees that have been spent since 2008 trying to protect the developer's bottom line?

Attending the POA meeting is the best opportunity to get accurate information.

So the residents in district one are paying for all the IRS legal cost and the residents of district five are paying zero. But at the same time we have common amenities.

TVMayor 09-16-2014 07:18 PM

The POA VP was a no show at tonight's meeting.

Advogado 09-16-2014 08:43 PM

Quote:

Originally Posted by TVMayor (Post 939394)
The POA VP was a no show at tonight's meeting.

He was there; he just didn't say anything about the lawsuit.

In response to a question from the audience, the POA President, pleading pending litigation and a reluctance to casually discuss the matter, read a statement prepared by the attorney for the plaintiffs--which, in my view, did not clarify the matter any more than the Daily Sun article did. HOWEVER, the President did say that the next POA Bulletin would include an article by Plaintiffs' attorney that would explain the situation.

So, I guess we remain ignorant until the POA Bulletin appears in our driveways--unless either (a) the Daily Sun decides to act like a newspaper and reports the facts; or (b) one of us is curious enough to go to the court house and look at the documents on file there.

TVMayor 09-16-2014 10:14 PM

The Florida Government must have sunshine but it is OK if it is partly cloudy at the POA.

rubicon 09-17-2014 04:41 AM

Quote:

Originally Posted by janmcn (Post 938886)
According to published reports, the class-action lawsuit filed last March claims "the developer benefitted by illegally using the amenity fees as collateral to issue bonds for community expansion".

All residents of District 5 should plan on attending the POA meeting Tuesday to learn the details of this lawsuit.

janmcn: Bingo! that's exactly one of the allegations in the IRS action but they went further. It is my personal opinion that the Villages of Lake-Sumter, Inc (VKSI) leveraged buyers money to build The Villages, then continues to sell properties back to residents and at alleged over the market prices. But the kicker is that many of the income producing properties (commercial) are held by VLSI and residents still seem to have no voting rights.

Perhaps I am wrong here and if so please someone call me out because I have no desire to pass along misinformation.

If however these comments have merit it would behoove residents to side with their neighbors and secondly re-consider the misplaced loyalty toward a business entity called VLSI

Finally I wonder why amenities are being used there is perhaps another avenue

TVMayor 10-09-2014 02:15 PM

This is what has happened with the legal battle so far with the exception of 2 lines that got deleted off the bottom of the list do to my computer thinking for it self.

03/31/2014 CLASS REPRESENTATION COMPLAINT WITH EXHIBIT 1 - 3
03/31/2014 CIVIL COVER SHEET

http://i264.photobucket.com/albums/i...psc9747f76.jpg

Advogado 11-13-2014 03:09 PM

Quote:

Originally Posted by Advogado (Post 939435)
He was there; he just didn't say anything about the lawsuit.

In response to a question from the audience, the POA President, pleading pending litigation and a reluctance to casually discuss the matter, read a statement prepared by the attorney for the plaintiffs--which, in my view, did not clarify the matter any more than the Daily Sun article did. HOWEVER, the President did say that the next POA Bulletin would include an article by Plaintiffs' attorney that would explain the situation.

So, I guess we remain ignorant until the POA Bulletin appears in our driveways--unless either (a) the Daily Sun decides to act like a newspaper and reports the facts; or (b) one of us is curious enough to go to the court house and look at the documents on file there.

Today's Daily Sun, in an article buried on page C4, reported the dismissal of the new class-action lawsuit. However, thanks to the usual abysmal reporting by the Daily Sun on this very important matter, we still don't have a clear idea of exactly what provoked the lawsuit.

As long as the amenity system functions appropriately, as it seems to be doing now (thanks to the settlement funds from the first class action), it doesn't seem to me that we have a basis to sue the Developer. In other words, I have trouble understanding why the new class-action lawsuit was brought, at least at this time.

However, the underlying issue is the pricing that the Developer uses when selling our amenity facilities to the Center Districts that he controls. If the Developer overprices those facilities (as both the IRS and the first class-action lawsuit allege was done in the past), then our whole amenity system is placed at risk. This is because, as apparently happened prior to the first class-action suit, the Center Districts may be financially unable to both (a) pay the interest on the bonds they sell to raise the money to pay the Developer for our amenities, and (b) continue to furnish our amenities at the agreed-upon level. Hopefully, the POA will be keeping an eye on the details of the sales as they take place.

Mr.Big 11-14-2014 09:56 AM

Wow! Maybe its best that I remain a renter in The Villages. One less thing to worry about!

Moderator 11-16-2014 06:52 PM

No politics please
 
This thread is straying into a political arena. Stay on topic, please.

graciegirl 11-16-2014 08:30 PM

Don't worry. There are a great deal more rumors and theories than facts on this thread.

I have lived here now going into eight years and the folks can't explain the IRS investigation into the municipal bonds now, any better than they could when we first moved here.

It seems that TOTV has deleted a lot of posts now, past a couple of years but here is a typical thread.

https://www.talkofthevillages.com/fo...3/index28.html

I wish EdV would come back on this forum and comment. He may live in Stonecrest, but he was able to understand the issue and explain it better than anyone else in my opinion. There are some that just get exited when anything looks like it would be critical of the developers. I am not one of them.


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