Judge Denies APV’s Request for Dismissal

Mon, Feb 19, 2018

Florida Politics

An article in the February 19th Lakeland Ledger (http://www.theledger.com/news/20180218/judge-denies-apvs-request-for-dismissal) describes a ruling made last week by Judge Catherine L. Combee denying motions made by APV and Avatar for the dismissal of the Breach of Contract Civil Complaint filed by three Poinciana homeowners against the Poinciana Developer and Homeowners association. As described in the article, the homeowners complaint is based on their assertion that APV and Avatar did not abide by the terms of the 1985 agreement which required Avatar to turn over control of the Association of Poinciana Villages homeowners association in return for Avatar no longer being required to pay HOA assessments for the properties they own in the association. The complaint states that Avatar continues to use their questionable votes to elect only directors to the Village and Master Boards who are under the direct or indirect control of Avatar. This has been long court battle lasting longer than 2 years. The costs to the homeowners and their attorneys are over $100,000. The next hearing will be Feb 26,2018 10:30AM in Bartow to discuss the topic of who should pay attorney fees to cover the costs of defense against charges dismissed so far favoring both sides and how the case can proceed to final resolution in a trial. Friends of Poinciana Villages (FOPV) is asking the community to support their legal efforts to bring control of the Poinciana Homeowners Association back to the homeowners away from the developer by making whatever financial contributions possible to the www.GoFundMe.com/PoincianaFreedom web page.

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Tags: APV, Friends of Poinciana, Avatar, AV Homes, APV HOA, FOPV

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