What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

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  #1  
Old 01-21-2008, 05:12 PM
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Default What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

Today's Daily Sun said that a letter from the court will be mailed to all residents north of 466 explaining the settlement agreed to between the developer of TV and the POA, which sued the developer regarding the terms of the sale of all recreational facilities, pools and golf courses to the CVCCD. It briefly explained that the area north of 466 would have a board ofelected residents who would assume control of the management of the recreational amenities. (At least I think that's what the article said.)

So what does this mean? The developer, thru the Recreation Department, has done a magnificent job of planning, building and managing the recreation facilities that are so much a part of our community. Is that department going to be disbanded, at least as regards the facilities north of 466, in favor of a group of Villages residents who will assume control over the rec facilities? The Recreation Department is comprised of professionals experienced in the operation of recreation facilities and programs. Will the new committee of residents be comparably experienced or trained? What will be the effect on the quality of our facilities and programs?

I know the lawsuit achieved significant payments by the developer to assure the proper maintenance and updating of facilities over the next several years. That's a good thing. But if the lawsuit also results in the replacement of the highly qualified, competent and committed Recreation Department staff in favor of a bunch of part-time retirees inexperienced in managing recreation facilities and programs, I can't imagine that things will continue as they have been. Has all the complaining over residents being in control of the golf courses and pools finally come home to roost? Will we be sorry for what was demanded and litigated by the POA?

When residents north of 466 get their "settlement letters" from the court, I think those of us living south of 466 would appreciate knowing what the lawsuit has resulted in as far as our recreation facilities and programs are concerned. As I understand the settlement, the same terms will apply to the rec facilities and programs south of 466 after the community is built out.

For one, I'll be holding my breath. It's a done deal now. I just hope we're not disappointed in getting what the POA demanded and litigated for. I surely hope that the recreation that is so basic to our lifestyle here continues at the high level of quality we've become used to, or even better.
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  #2  
Old 01-21-2008, 06:41 PM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

Kahuna,

I think that you have it right. I would really like to read the story that you are referring to in the Village Sun. I went on the website but, the story is not there. Would it be possible for you to copy and paste it on this site so that those of us that are not in TV right now, could read it and form an opinion.

Thanks
  #3  
Old 01-21-2008, 06:53 PM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

There have been a few articles on this settlement. From what I could gather in reading all of them, it was not the developer stepping down as running the rec centers but, as was said, the payment of a large chunk of money to the reserve fund so that if a center needs renovation or rebuilding after a natural disaster, the funds are there.
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  #4  
Old 01-21-2008, 08:48 PM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

Thanks Red but, What I am really trying to find out is, now that there has been some sort of a settlement, are the residents going to take over the running of the amenities north of 466 ? And if it is going to be in the hands of residents in the form of a master association or a series of home owner associations or some other form of governance, how will these folks be picked ? Will some experience or some kind of qualifications be a criteria or will it just evolve into a popularity contest ?
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Old 01-22-2008, 03:33 AM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Managem

Our place is north of 466. I'll watch for the letter and post it when it comes.
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  #6  
Old 01-22-2008, 04:18 AM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

Quote:
Originally Posted by beartrack
Kahuna,

I think that you have it right. I would really like to read the story that you are referring to in the Village Sun. I went on the website but, the story is not there. Would it be possible for you to copy and paste it on this site so that those of us that are not in TV right now, could read it and form an opinion.

Thanks
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  #7  
Old 01-22-2008, 04:36 AM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

Per the first part of para 3, specifically "assume operational control of the amenity facilities and the expenditure of amenity fees," I gotta agree with Kahuna's interpretation that this creates an amateur council to have ultimate control of the everything funded by and related to amenity fees. :yikes: I hope I'm wrong, but I fear a bunch of squeaky wheels :joke: who could never get elected to Student Council now thinking they can run a multimillion dollar operation because they took a community college accounting course or worked for a city gov't in their prior life. I hope to God I'm wrong.
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  #8  
Old 01-22-2008, 03:06 PM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

Thank you Muncle and Another Linda for your posts.

As a potential home owner in TV, I am very concerned over this settlement if it means that a board of directors (residents) type of governing authority is going to replace the professionals that are now in place. Please allow me to tell you why I am so concerned.

I retired at age 50 and decided to keep two homes, be a snowbird if you will. We maintained a second home in Orlando then Boca Raton and finally in Fort Myers. We were so satisfied with Fort Myers that we decided to sell our first home and become Florida residents full time. Just to give you all some background.

Why three moves in Florida ? The short answer is, Home owners associations. We enjoyed our homes but, we could not stand the politics, the vitriol, the in fighting among our neighbors. The constant topic of discussion was always negative and hatefull. Each time we moved we thought that we could escape to another community that was different. Wrong !!!! The Fort Myers location for the past seven years is the best of them and we found ourselves happy here. But now a large project here has surfaced and without going into details, we find ourselves right back where we started. Anger, hatred and even vandalism. Incredible but, true.

I don't pretend to know anything about your POA. I am positive that these are all good people and good neighbors just trying to do what they feel is right for the community. I certainly do not, and will not judge them. I am only telling you of my previous experiences.

What I do not understand here is that after investigating TV, we have decided that it is the most beautiful and well run community that we have ever seen. The amenity package is incredible, affordable and well kept. This place is so well run, so well organized by comparison to anything that we have ever seen that I do not understand why anyone would ever think of changing it. I can't help but think how the developer has made so many people so happy for such a long time. It would be a pity to upset the apple cart now.

So, for what it is worth, and based on previous experience's, It is my opinion that a turnover to a resident run facility would be the first step down a slippery slope that would change the demeanor of the TV in the wrong direction.

We will still be coming there but, we will rent until the dust settles on this issue or we feel comfortable with an acceptable outcome. If there is some legal reason for this turnover that I am unaware of, then maybe the best thing to do for the new administration would be to hire back all the professionals that are doing it now.

I realize that I am not a resident of TV yet, and I apologise for butting in to your affairs but, my wife and I really love TV and we envy all of you that are already living there. Based on our past experiences with HOA's we just wanted to give you our opinion and to wish you all Good Luck.


  #9  
Old 01-22-2008, 03:24 PM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

After reading the article a few times, I agree with Kahuna's interpretation. It clearly states that a resident elected committee will assume operational control of the amenity facilities.
I also am very apprehensive of this agreement that the POA litigated for.
  #10  
Old 01-22-2008, 03:54 PM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

I don't think the POA had anything to do with it.
I too hate that the developer is turning it over to residents. I like how everything is now. Well, except that I did not get a tee time for Friday. :
  #11  
Old 01-22-2008, 06:13 PM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

I also agree with Kahuna. I've heard many tales of woe from friends and relatives about bad experiences with HOAs. It seems as though people who never had any authority in their lives become officers and subsequently dictators who go off the deep end over minor issues and cause all sorts of problems due to the lack of knowledge and experience. It's scary to think that TV is turning over the facilities to a residents group. Who are they? Who do they answer to? What recourse do residents have if things deteriorate? Many many questions and concerns.
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  #12  
Old 01-22-2008, 07:19 PM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

My wife and I owned property in a large oceanfront complex in NJ. She was actually the president of our association during their growing pains and transition of responsibility to the homeowners. There were several associations, a mix of private homes, townhouses, villas and condos. It included several swimming pools, tennis courts, playgrounds and over 2000 feet of beach. There were common areas, underground parking throughout, a small network of 14 mph roads and 24 hour gated and roving security with full time guards.

The point I would like to make is that the developer had an on premise manager. He did a good job and accordingly was not liked by many that he had to enforce regulations with. He did tilt toward the developer in many decisions as that is who was providing his paycheck.

Ultimately, the association hired their own professional manager rather than let "amateur" hour prevail when the association took over responsibilities. Kahuna is on target and his concerns should not be taken lightly. One way to mitigate the petty politics that often ensue
after conversions to owners is to consider a search for a quality
manager to oversee recreation and amenity responsibilities. A table of organization with clear cut lines of authority and responsibility that keeps appointed or elected officials of the association at arms length from day to day operations is a prerequisite to success.

Perhaps some of the professionals with known abilities, whose positions are terminated because of the turnover would be interested in management and/or administrative positions in the employ of the homeowners.

As Kahuna observes, this is a very critical period as the process of transition materializes. It does not have to be a bad thing as long our community leaders understand the field of engagement and the goal of preserving the very special quality of life we enjoy in the Villages.

Kahuna for President !!!!
  #13  
Old 01-22-2008, 07:52 PM
beartrack1
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

Cabo is correct in my estimation but, like he said, the property manager is beholding to the developer because the developer is issuing his/her paycheck. This is a catch 22 because a resident board of directors also determines who the manager will be and also issues the paychecks. Resident boards are always staffed by Pips (previously important people) and they almost always tend to micro manage everybody and everything with absolutely no experience of the subject matter. At least with TV developer they have shown that they are professional and have the track record to prove it.

All HOA's hire property manager's either on campus or off. I have never seen a property manager left alone to do his/her job. The people that win these popularity contests for the board always feel that they must be heard. Just take all the difference's of opinion that you read on some of these threads. Now put all these opinions on one board of directors and the end result will be the same as everywhere else. Chaos.
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Old 01-22-2008, 08:07 PM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Management?

What a depressing thread this one is!

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Old 01-22-2008, 10:42 PM
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Default Re: What Does The "Settlement" Mean With Regard To Recreation Facilities Managem

Got the letter today. What the article in the Sun apparently "forgot" to mention is that in addition to the $40 million set aside VLS will also pay the plaintiff class $6,700,000 for attorney's fees and $300,000 for incentive awards to the plaintiffs Class Representatives.

The suit filed claimed that the VCCDD breached various agreements to provide appropriate levels of amenity services and facilities to the subject class (owners of homesites in districts 1,2,3 and 4 etc.) While the VCCDD doesn't admit to being liable, the fact they settled this matter without proceeding to trial speaks for itself, especially considering the amounts involved. Simply put, the VCDD knew it breached agreements made with the homeowners and settled the suit rather than try it.

It appears many posts are confusing HOA duties with those of the CDD. They are two separate entities with totally different functions. This settlement has nothing at all to do with the HOA.

No doubt if any of us breached any of the agreements with TV, action would be taken. So the bottom line is the fact the VCCDD trying to pull a fast one and were held accountable by some residents who were familiar with the Florida CDD statute and the duties required by the developer under the statute. It was not the POA which commenced the suit.

Florida statute 190.00 sets out the law for CDD's. In case you can't sleep some time, here's the link.

http://www.ccfj.net/FS190CDD.html

This settlement is a great result for the residents and not gloom and doom as many have assumed.

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