PARADISE LOST???Well folks, there is reason for concern now and I don't just mean Nov 4th either! Of course, if Obama wins, we, as a country, WILL survive his reign. We may be poorer in the pocketbook and weaker in the world leadership front, but we WILL survive. Since I'm on 100% disability now, perhaps I'll fare better then if I was still working, maybe not, since I'm not a welfare crack breeder or a perpetual "victim". We'll see. On the home front: Things are good still as far as the View From The Porch goes, with some minor exceptions. (Always exceptions, eh?) 3 Years ago I pressured the Board of Directors to end our water contract with the developer. Reason being, it was a "bulk rate" contract and people paid $50. per month. That included $40. for unlimited water/sewer and $10. for HOA fees. Problem: Many were not paying thier water/fee bills. The HOA still had to pay the FULL BULK RATE to the developer every month, regardless. That meant that the rest of us were paying the DEADBEAT'S water/fees! The HOA fund was in the RED by over $3,000 because of this. However, the developer was STILL making "his money" while WE, the HOA, was absorbing the losses without any "recourse" against the deadbeats. We couldn't turn their water off since the HOA wasn't the utility, but just the middle man. It WAS a good deal, that was being SPOILED by the deadbeats. My advocation: End the bulk water contract and let the developer collect his own payments. If someone didn't pay up, HE could TURN OFF THEIR WATER, whereas WE couldn't. And WE wouldn't be absorbing the slow, bleeding loss to the community HOA tresurery. The developer agreed but did state that the rates would go UP because it entailed mailing bills to people, maintaining individual account records etc. The HOA understood that and agreed that it was preferable to going BROKE because of the deadbeats. The contract ended and the rates went up to about $56. per month for a household of two adults, children were free. Recently, the rate went up again to an even $65. per month for two adult households, children still free. Kink in the works: ONE of our residents decided that the developer had NO RIGHT to sell water nor sewer services to the owners because the HOA was dedicated the plat where the water plant is located. His contention is that if the HOA owns the plat, then we own the well, pumps, water and sewer equipment as well. What this TWIT doesn't acknowledge is that when the plat was dedicated to the HOA, it was with the written understanding that the developer would CONTINUE TO OPERATE AS ALWAYS AND USE THE PLAT UNTIL SUCH TIME AS PUBLIC UTILITIES WERE RUN TO THE COMMUNITY BY ST JOHNS COUNTY OR SOMEOTHER ENTITY. That sounds pretty convincing to ME, and 83 other owners. Well, this IDIOT decided to hire a lawyer and SUE the developer AND his wife over this BS. NOW the developer, out of what he says is "self protection" feels COMPELLED to install water meters at ALL home sites and charge the maximum allowed by St Johns Water District PLUS 10%. This appears to be to cover the costs of meters and installation. (The inground concrete boxes are installed already. They were put in during the initial developement stage of the community.) The END RESULT of all of this is enough to frustrate anyone: We ended the bulk contract to save money. The rates, although higher, were STILL some of the LOWEST in the state of Florida. NOW, because ONE PERSON out of EIGHTY FOUR gets a burr up his ass for the developer, WE ARE ALL GOING TO SUFFER BECAUSE OF IT! And, we can do NOTHING about it. It sucks! All this TWIT has accomplished is hurting all 83 of his neighbors since the developer isn't going to lose one red cent over this frivilous law suit. WE, the owners in Bartram Oaks, are going to have to pay for this FOOL'S FOLLY!!! THANK YOU V.C!!! May you sleep well...and for a long, long, long time! Between Obama looming on the horizon and this IDIOT'S LAW SUIT, our community may not be the "Paradise" we have enjoyed for 6+ years, some for 12+ years, for a while to come. But we WILL survive and we will FIGHT to make our community the best place to live in NW St Johns County! Submitted by Claude91098 on Thu, 10/23/2008 - 10:17am.
bigbubba, We live in the manufactured home developement, Bartram Oaks, near the CR 16 and SR 13 intersection, Shands Bridge end of CR 16. The developer is innocent in this law suit, in most all resident's view. The one fellow probably believes that he is trying to "do good", but he is not. His actions are "punishing" every owner in here, but he seemingly doesn't give a damn! The HOA is in no way, shape or form involved in the suit. It "appears" to be a personal vendetta against the developer by ONE person. However, the developer owns the water/sewer plants and in order to "establish a legal defense fund", he is raising rates on "everyone". Can't say that I blame him much. He's not a "wealthy" person, not poor, but not filthy rich either. I avoid mentioning names in this blog for liability reasons, but if anyone is a long time resident of Orangedale, they know of whom I speak. This entire situation is frivilous and should be dismissed, IMHO. The HOA is comprised of the few, very few, residents that volunteered to run for the HOA Board. We few seem to be the ONLY ones that care enough about our community to DO SOMETHING other than cut our grass and trim our hedges as a contribution to our fellow owners. We LOVE this place! My wife and I couldn't care less about property values going up or down. We bought this home to LIVE in and we'll live here until we DIE. Until that time, we'll strive to keep the community as it was envisioned when it was started and we bought into it: A nice, neat, quiet and peaceful place to live. Good streets, utilities and friendly neighbors that look out for one another. The friendly neighbor part has become less than desirable in the past few years since some of the original owners have either died or moved into assisted living etc and the homes sold to second and third parties. Some of our residents are "renters". While they must obey and abide by the CC&R's, their landlord is the one responsible to ensure they do so. At least two people have been evicted because they refused to comply. GOOD RIDDANCE! If they thought that they were moving into "just another trailer park", they thought WRONG! The HOA was created and exists to PREVENT Bartram Oaks from succumbing to a decline that would, indeed, make it "just another trailer park". It is NOT and we REFUSE to allow it to become that. People that live here and do not agree have an option: MOVE OUT!!! Submitted by Claude91098 on Sun, 10/26/2008 - 3:23pm.
We had our semi-annual HOA Member's meeting Saturday and the developer/defendant in this law suit attended to give a speech and presentation to our membership since the outcome, good or bad, is going to effect every resident in the community. Worst case scenario: This person suing wins: IMMEDIATELY the water and sewer plant wold have to be SHUT DOWN. That leaves EIGHTY FOUR HOMES without water or sewer. The lots are far too small for wells and septic tanks. The EPA/DEP and Dept. of Health would IMMEDIATELY declare ALL of the homes "condemmed" and ALL families, retirees, disabled people, EVERYONE would be FORCED to move out in 24 HOURS!!! That would INCLUDE this person that is suing! ALL homes' value WILL evaporate to ZERO and we'll ALL become, quite literally, HOMELESS overnight! Now, either this person doesn't know the full ramifications of his actions OR he DOES and just doesn't give a good damn! I have emailed the media, Jessica Clark of FCN, and explained the case to her and pleaded for a story to be done on this situation. The case is a civil suit and is PUBLIC RECORD and can be viewed at the St Johns County Courthouse. Since it IS "public record", the names of the parties are listed below: Defendant(s): Jon Stump and Jill Stump separately. The initiator: Vince Corbett. Our subdivision is Bartram Oaks and the business entities mentioned in the suit, all owned by the Stump family, are The Vineyards MHP and Orangedale Utilities. Regardless if the suit is won or lost, the effect it will have even if dismissed, will be damaging to our community. In order to protect himself from the costs of this litigation and possible FUTURE litigation, Mr. Stump is being FORCED, out of self-preservation, to install water meters on all properties and charge the maximum rate allowed by the County + 10% for a "legal defense fund". According to Mr. Stump, now that the business has been sued, even if dismissed, he must establish this fund in order for the business to appeal to any future buyers. The membership, myself included, doesn't blame Mr. Stump one bit. He is a "one man operation" and doesn't have "law suit insurance" like larger utilities such as FPL or JEA have to protect them when sued. This is much, much MORE than just a "simple legal action" between two people. It IS and WILL effect all 84 owners in a negative way even if it is declared frivilous and dismissed. To all of my neighbors that read this blog: Send your OWN emails, or make a phone call, to the media. PERHAPS if we "shine some light" on this BS in the media, it will go away before the worst case senario manifests itself! You have EVERYTHING to gain and NOTHING TO LOSE by doing so! |
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Claude that is terrible. It sounds like you live in a multi-family condo or townhome association. I too have seen similar situations between HOA and builders such as centex and lennar. I find it hard to believe though that the developer would do this since he probably sold the homes or units to a builder. From my personal experience the developers run the CDD's and the builders run the HOA's then everything gets turned over to us the residents as more people come into a community. Also the one guy that is sueing should make the lawsuit personal and not binding to your HOA. For insatcen the case of Joe vs. the Builder/Developer. That way win or lose the HOA will not see any harm done to them.