ingsland Ocala Waterway Owner s Association, Inc.

Transcription

1 K ingsland Ocala Waterway Owner s Association, Inc. A Non-Profit Florida Corporation DIRECTORS & OFFICERS From Your Board of Directors RE: CLASS ACTION NOTICE TO PROPERTY OWNERS & MEMBERS OF KOWOA EXTREMELY IMPORTANT Dear Members, August 21, 2013 President Vice President-Administration Vice President-Operations Secretary/Treasurer Director-Members Advocate Director At Large Certified Public Accountant: OFFICE/STAFF Office Manager: Customer Service: Newsletter Editor: In our April 2013 News Bulletin we stated you would be receiving a Notice of Class Action regarding a lawsuit of Ange1yn Coleman, a former owner (prior to 2004) of vacant land in Section 34, vs. Kingsland. This mailing notice was approved 1 August 2013 by the Court to allow the Plaintiff s Attorney to do the mailing. Once received you should fill out the enclosed REQUEST TO BE EXCLUDED, a copy of which is enclosed. IF YOU IGNORE IT, OR DO NOT MAIL IT BACK, YOU WILL BE EMBROILED IN THIS LAW SUIT; HENCE, YOU CAN BE SUBPOENAED, INTERROGATED, REQUIRED TO PROVIDE A DEPOSITION AND APPEAR IN COURT TO TESTIFY. Your Association, with annual dues of $50 a year, does not have the money to pay Attorneys, Court Costs and other legal fees. We would have to file Bankruptcy in Federal Court. Unfortunately the Court could appoint a Receiver to act for the Association. The Court Receiver could order all Property Owners to pay a pro rated special assessment to pay the foregoing expenses and other court orders. The only winners here would be the Attorneys. This Class Action is a repeat of an effort to continue collecting money based on a 2003 Lawsuit, filed by the same Attorney, called Marco Polo Builders, Inc, Case CA-K. FYI. The Judge ruled on July 18, 2007 on the portion affecting Kingsland Property as follows: As to count VIII, the court previously granted to Plaintiff a Summary Judgment on the declaratory judgment action as to the real property owned by Plaintiff only, against Defendant, Kingsland Property Owners Association, Inc. The Court confirms that ruling and makes no judgment to any other real property owned by Plaintiff. Defendant Southern MultiCapital Corporation (SMC Developer) shall indemnify Kingsland Property Owners Association, Inc. for any portion of the damages awarded in this paragraph. Apparently the Judge did recognize this was not the actions of the current Association & Directors. We believe this was a fair ruling and had hoped no court, judge or jury would ever hold the current Board of Directors or other post turn over Directors for actions they under took in good faith. PAGE 1 OF 6

2 How To Do Florida While looking over my TV s guide for a show I had seen advertised and wanted to record, I found another show called How To Do Florida. It sounded interesting, so I set it up to record too. Watching it later, I found the show to be fun and informational. I watched the host, Chad Crawford take his family on an RV trip, but this was no ordinary RV, it was a fully restored 1070 s VW camper painted brilliant orange! I learned a lot of things about Florida when Chad and chef, Justin Timineri tried to outdo each other spouting off Florida facts. I think kids would like this show too. They had a young boy show Chad how to skimboard on Melbourne beach. Check out their website at and look for their show to see what you can find to do or learn about our state. Looking for something to do closer to home? Check out the Marion County Parks and Recreation website ( and see what s on their schedule. Kathy Wilmot, Editor Coldwell Banker Ellison Realty Now Open... Crossroads Thrift Store SALLIE SAUNDERS Realtor-Broker Associate 17+ Yrs FL Realtor Experience & Ocala Waterway Resident 7355 SW 38th Street Suite 104 & 105 Ocala, Fl Tue - Sat 10:00-5:00 Call (352) for more info (352) ssaunders@ellisonrealty.com Enthusiasm with RESULTS! PAGE 2 OF 6

3 From Your Board of Directors Continued... In the notice you will be receiving from the Plaintiff s Attorney there are allegations and half truths claimed as FACTUAL BACKGROUND. Example: One of which refers to the Governing Documents and Covenants and Restrictions published by the Developer in 1998 long before the Property Owners took over control of the Association in Subsequently we distanced ourselves form the Covenants and Restrictions and rely on reasonable rules. Here are the facts based on referenced legal documents. The following are the facts with solid references: This Association was legally formed July 20, 1973 Certificate # as Corporations Not for Profit, Florida Statute Title XXXVI Chapter 617 and still active to date. Yes, the Developer allowed it to lapse for non payment of fees in 1976; it was reinstated in Under State Law, the gap was bridged as if it never happened. The By-Laws of this Association were also filed in 1973 (October 20) Marion County Florida (Book 594 pages ). In addition, there were Sub-Division Restrictions for certain lands owned by Kingsland, Inc., filed and recorded in Marion County Florida in Why the Developer chose to file new Covenants and Restrictions in 1998 is unknown. Our research uncovered Kingsland documents in the 1970s, parcel specific for Sections 22, 27 and 34, including Deeds, Contract for Deed, Indentures, Assigns, Releases and Public Offerings. These documents contained a statement: the condition that grantee and his successor in ownership shall become and remain a member of Kingsland Property Owners Association, a non-profit corporation, which shall be regarded as a covenant running with the land. Despite what the Plaintiff Attorney states on Page 3 of his NOTICE, Kingsland Property did and still has authority by virtue of these documents filed with the foregoing statements or similar prior to 1976, and perpetuated in subsequent deeds dating 1996 through Tax sales do not eliminate covenants running with the land on Deeds. Also Section 22 (Unit 22) and Section 34 were part of a settlement agreement between Kingslnad Country Estates Property Owners Association, Inc, and Kingsland Property Owners Association, by Final Judgment on Stipulation by Judge Carven D. Angel, September 12, 2000, Case # , Recorded in Marion County Book & Page 3065/ , 12/25/2001. The Florida State Statute Title XXXVI Chapter , Corporations Not for Profit, under which this Association was formed in 1973 empowers your elected Board of Directors to adopt, change, amend and repeal bylaws or its articles of incorporation, for the administration of the affairs of the corporation and the exercise of its corporate powers. State Statute Title XL Chapter , Homeowners Associations, enacted in 1999, states: Unless expressly stated to the contrary, corporations that operate residential homeowners associations in this state shall be governed by and subject to chapter 617 In addition to the foregoing, the rest of the story is as follows: Yes, the Association was dissolved. It was reinstated in 1998 and under State Law it bridged the gap of any inactivity. The Property Owners caused the Developer to transition control of the Association in 2005 based on State Law. Subsequently we have accomplished extensive research and found and placed on file the majority of the original deeds initiated in the 1970 s. They were filed and recorded in Marion County Florida, which by Real Estate Law these deeds run with the land through any successors and assigns. Quoted for you here is a consistent statement found in these deeds: the condition that Grantee and his successor in ownership shall become and remain a member of Kingsland Property Owners Association, a non-profit corporation, which shall be regarded as a covenant running with the land. Hopefully this helps you to make a decision. Again, if you FAIL TO OPT OUT YOU AUTOMATICALLY BECOME A PART OF THE PLAINTIFF S SIDE OF THE LAWSUIT. Although we firmly believe that KOWOA will win the Law Suit, either outcome will result in Attorney s Fees. Unless this suit is stopped by everyone opting out we will have to increase the annual dues or file bankruptcy. Sincerely, Your Volunteer Elected Board of Directors. PAGE 3 OF 6

4 VOLUME 3 ISSUE 2 SEPT 2013 FINANCING ON HOME RENOVATIONS Licensed and Insured The 1960 Valdivia earthquake or Great Chilean Earthquake of Sunday, May 22, 1960 is to date the most powerful earthquake ever recorded, rating 9.5 on the moment magnitude scale. It occurred in the afternoon and its resulting tsunami affected southern Chile, Hawaii, Japan, the Philippines, eastern New Zealand, southeast Australia, and the Aleutian Islands in Alaska PAGE 4 OF 6

5 Our New Website KOWOA.COM Well now, are you ready for some good news? We have now joined the ranks of the geek squad! ;-) Yup, we are finally joining the 21st century!... We now actually have our very own KOWOA WEBSITE! So, when you get into a discussion about a Rule or Regulation and want to clarify it, you can go to the website and check it out. If you need a phone number to call someone to rescue a wandering pet, go to the website s Phone Info and find the number to call Animal Control. If you re having a senior moment and can t remember that Board Member s name, or their position on the Board you can look it up. Are you a history buff and want to look up the Association s ancient Articles of Incorporation or other old documents? Well we ve got you covered on that too! Just check out our History section. Want to be sure not to miss the Annual Meeting? Look it up under - what else?... Upcoming Events! Board Meetings will be listed there as well. Need to come to the office, but don t know how to get there? There is a map on the Contact page. Also, found elsewhere are photos of the office building and its lobby so you ll see what you re looking for. We even have the Office Hours listed there so you ll be sure and not drive all the way there and find it closed. THE REALLY BIG NEWS IS... the newsletter will now be on the website! Wow! Talk about bringing us closer to a paperless society - we ll not only be saving our forests, but look at all the money we ll save! Never fear people, if you do not have a computer just drop us a note and we will be happy to mail your newsletter as usual. So folks, this will be your last paper newsletter, for the next issue - check out our new website! See ya ll on the web! Kathy Wilmot, Editor PS: Don t forget we re on Facebook too! Just search for KOWOA and get to know your neighbors. GOT TIME???? WE NEED MORE VOLUNTEERS! FREE NOTARY SERVICE! For members in good standing, at the Association Office, Mon-Thurs 9:00 am to 5:00 pm. Please call ahead to be sure the Notary is there. PAGE 5 OF 6

6 NEW... KOWOA OFFICE HOURS Monday-Thursday 9:00am-5:00pm Closed on Fridays, Weekends, & all Federal Holidays Next Annual Meeting March 2014 Kingsland Ocala Waterway Owners Association, Inc SW 61st Avenue Suite #600 Ocala, Florida Phone: FAX: Website: KOWOA.COM Facebook: KOWOA PAGE 6 OF 6