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May 16, 1996 -- warranty deed created The Grove Reserving unto grantor (Harbor Hills), and it’s successors and assigns, right of ingress and egress over,

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Presentation on theme: "May 16, 1996 -- warranty deed created The Grove Reserving unto grantor (Harbor Hills), and it’s successors and assigns, right of ingress and egress over,"— Presentation transcript:

1 May 16, 1996 -- warranty deed created The Grove Reserving unto grantor (Harbor Hills), and it’s successors and assigns, right of ingress and egress over, upon and across Grove Heights First lot sold was to Sunland Custom Homes -- May 9, 1996 The last lot sold – June 30, 1998 Harbor Hills now acknowledges the gate, guardhouse and the roads (Grove Heights & Grove Manor) are the property of The Grove CREATION OF THE GROVE 1TIME TO BREAK THE SILENCE

2 THE BERM 2TIME TO BREAK THE SILENCE Agreement: Berm and Ponds The Grove pays half the cost of maintaining the berm Harbor Hills maintains the 3 retention ponds Ponds are owned by The Grove -- used by HHCC June 22, 2006 – Agreement Broken Harbor Hills stopped maintaining the berm or mowing the retention ponds Full expense for berm then paid by The Grove Later The Grove flagged The Grove boundaries, showing the golf course encroachment on our property Harbor Hills resumed mowing ponds

3 TIME TO BREAK THE SILENCE3 Gate Mismanagement Agreement: Grove Gate Harbor Hills had the right to manage our gate Harbor Hills charged us $470 per month management fee 2 times we notified them of list of unauthorized people still on telephone entry system When we took over management – 52.4% of clickers were unidentified We asked all Grove & Pine Village residents for their key card & clicker id numbers Michael Rich refused to comply Two homes in Pine Village refused to comply

4 TIME TO BREAK THE SILENCE4 What does a Clicker cost? Harbor Hills in Charge Clicker = $60 Touch Key = $25 The Grove in Charge Clicker = $30 Touch Key = $8

5 TIME TO BREAK THE SILENCE5 Telephones and Lighting Harbor Hills in Charge Unidentified telephone line on our bill = $35/month Long distance authorized for guards = $37/month All bulbs in landscape lighting burnt out Grove in Charge Unidentified phone line disconnected Long distance removed Light bulbs replaced and lighting working

6 TIME TO BREAK THE SILENCE6 Unapproved Sign Change & Entry Gate Controllers Sign Harbor Hills West Gate sign was installed over our objections Grove bid = $2,550 for repair Harbor Hills redesigned & replaced sign = $4,703.65 Grove share of that = $2,663.63 Entry Gate Controllers Grove requested copies of bids Harbor Hills refused Harbor Hills used company with history of incompetence

7 TIME TO BREAK THE SILENCE7 Agreement with Harbor Hills Canceled by Grove March 2, 1999 Agreement -- Canceled Signatures on that document: Ansley signed as Grove HOA President Ansley signed as Harbor Hills HOA President Ansley signed as General Partner HHCC Grove HOA President Last lot sold June 30, 1998 State law requires transfer of HOA to members when 90% of lots are sold

8 TIME TO BREAK THE SILENCE8 Agreement with Harbor Hills Canceled by Grove Errors in Agreement Harbor Hills owns Grove Heights No end date for Agreement (required by law) Provided for Harbor Hills to dedicate easements Contains ambiguous statements Grove Board of Directors has no record of meeting minutes approving the Agreement

9 TIME TO BREAK THE SILENCE9 Settlement attempts Numerous attempts made by both HOAs First attempt January 16, 2009 Grove Percentage of Gate Expenses 1/16/2009 – HH offered 13.7%, with Bella Vista 12.4% HH sent first draft to Grove read 13.9% May, 2009 – M. Rich letter to Grove homeowners (signed by full Board of Directors of HH HOA) stated 13.9%

10 TIME TO BREAK THE SILENCE10 Settlement Attempts April 10, 2009 – Grove sent signed, witnessed & notarized Proposal to Harbor Hills April 20, 2009 – Harbor Hills sent signed, witnessed & notarized Proposal to The Grove Deleted: Grove entrance policy Deleted: Right to be informed about Gate changes Deleted: Grove Board approval of Gate staffing level Deleted: Grove right to terminate agreement due to performance Changed: Term from 5 years to 30 years Stated: Grove share of gate costs 13.9%

11 TIME TO BREAK THE SILENCE11 Lawsuit October 1, 2009 – Harbor Hills filed against The Grove Demanded $15,000 Old agreement to remain in force Harbor Hills legal fees be paid by Grove Injunction to keep Grove from inhibiting Ingress & Egress Breach of contract

12 TIME TO BREAK THE SILENCE12 Counterclaim June 15, 2010 – Counterclaim filed by Grove Declaring the Dedication of Easement and Joint Use Agreement is Invalid Requesting judgment for damages resulting from the trespassing on Grove property (water system) Requesting judgment for damages as a result of cutting the water line (grass, shrubs and trees) Requesting an injunction to stop harassment Requesting an injunction to stop any activities that harm Grove property

13 TIME TO BREAK THE SILENCE13 Harassment July 13, 2009 – Harbor Hills withdrew all offers and threatened to remove Guards from Gatehouse August, 2009 – in response to threat, Grove installed auto-opening of the Gate January 30, 2010 – Harbor Hills notified The Grove that the Main gate staff would not open our gate for anyone from The Grove May 13, 2010 – M. Rich informed Grove that berm & common area water would now cost $1.23/1,000 gallons Also required installation of meter – cost = $1,465.92 Using Lake Griffin water, but cost quoted at potable water rate

14 TIME TO BREAK THE SILENCE14 Water shut off Grove Board refused offer at rate quoted Reason: Sunrise Cove (Blue Tops) paying $250/month Pine Village paying $250/month At later meeting: M Rich quoted $350/month for The Grove May 25, 2010 -- water turned off by illegally cutting lines

15 TIME TO BREAK THE SILENCE15 Negotiation attempt July 27, 2010 Grove Board asked E. Pelikan to again negotiate with M. Rich to try for a settlement Ernie asked M. Rich for a show of good faith: Re-instate guard service for Grove Turn the water back on M. Rich agreed to do it Next day M. Rich reneged

16 TIME TO BREAK THE SILENCE16 New Well & Irrigation System Completed August, 2011 Well depth 174 feet Pump provides 70 gallons/minute Well on our property by Maintenance road Cost of well: $18,351.98 Rehabilitation of common area irrigation: $670. Installation of Berm irrigation: $5,850 Savings from supplying our own water Well pump has a useful life of 15 years $36,328 vs. $250/month Harbor Hills rate $54,328 vs. $350/month Harbor Hills rate

17 TIME TO BREAK THE SILENCE17 Mediation March 14, 2011 -- entire Grove Board of Directors met in mediation with M. Rich and his representatives 12 hours of work No result

18 TIME TO BREAK THE SILENCE18 Harbor Hills demand for $15,000 Lawsuit didn’t include documentation for $15k claim by Harbor Hills Request for supporting information made by Grove’s attorney No response from Harbor Hills Subsequent information puts their modified claim at $10,000

19 TIME TO BREAK THE SILENCE19 Harbor Hills Attorney May, 2011 – Philip Smith, Harbor Hills attorney, contacted our attorney, Robert Taylor, stating they would no longer contest the old agreement June 20, 2011 -- Based upon that phone call, The Grove’s attorney sent a revised settlement agreement to their attorney No response from Harbor Hills July 14, 2011 – The Grove’s attorney notified Harbor Hills the settlement offer is withdrawn

20 TIME TO BREAK THE SILENCE20 Request for meeting Mid-September, 2011 – Carl Gessner, Maintenance Manager for Harbor Hills, contacted John requesting he meet one on one with M. Rich October 3, 2011 – meeting held with John Frame, Charlene Walker (Grove V. Pres) and M. Rich & Carl Gessner Written offer provided by Grove Rejected by M. Rich No offer from M. Rich

21 TIME TO BREAK THE SILENCE21 Contents of The Grove’s offer Install a video link from the West Gate to the Main Gate removing the guards Harbor Hills can save $20,000 in guard costs Harbor Hills saves by the Grove paying $2,300.00 of the cost (cost of The Grove planned camera) Harbor Hills guard expense at the Main Gate is reduced by The Grove paying 34.17% of the proration of one night time guard Harbor Hills pays 65.83% of the replacement West Gate controllers Both parties will cancel all outstanding invoices issued to each other The Grove will cancel all un-cashed checks issued to Harbor Hills

22 TIME TO BREAK THE SILENCE22 Benefits to Harbor Hills H.O.A. from this Five year Plan West Gate manned personnel expense: $20,000.00 X 5 years = $100,000.00 The Grove contributes up to $2,300.00 capital expense for a video camera link to the main gate The Grove contributes to guard expense: $322.20 per month -- totaling $19,332.00 Harbor Hills H.O.A. contributes $6,583.00 for the West Gate exit controller Total Harbor Hills H.O.A. five year savings = $115,049.00, Less additional cost of the video link, maintenance and insurance

23 TIME TO BREAK THE SILENCE23 Benefits to Grove H.O.A. from this Five year Plan Removal of guard expense: $262.54 per wk $13,652.08 X 5 yrs = $68,260.40 Removal of Management fee: $352.50 per mo $3,150.48 X 5 yrs = $15,752.40 Camera for video link to main gate: ($2,300.00) The Grove’s contribution to main gate guard expense $4,832.90 X 5 yrs = ($19,332.00) Harbor Hills contribution for West Gate controllers = $6,583.00 Previously issued un-cashed checks = $2,919.54 Total Grove H.O.A. five year savings: $71,883.34

24 TIME TO BREAK THE SILENCE24 The Grove’s proposal for a settlement Full proposal will be available on The Grove’s website: Example of contents Cost distribution to be determined based on the existing number of platted lots The Grove = 95 Lots: 34.17% Pine Village = 37 Lots: 13.31% Bella Vista = 70 Lots: 25.18% Fairview Village = 76 Lots: 27.34%

25 TIME TO BREAK THE SILENCE25 Option 2 – presented by Charlene Walker 1 st Proposal rejected by M. Rich M. Rich and Charlene Walker agreed to a meeting October 7, 2011 -- Charlene presented The Board’s 2 nd proposal to M. Rich M. Rich stated if the West Gate was to be opened by residents only, this proposal might work Full proposal will be available on The Grove’s website Example of contents Old Agreement (March 2, 1999) will be voided Grove pays 100% of Guardhouse cost Each party drops lawsuit or counterclaim Each party responsible for own legal fees Both parties will cancel all outstanding invoices issued to each other

26 TIME TO BREAK THE SILENCE26 What’s next Our attorney will submit: A motion to dismiss all legal fees A revision to our counterclaim to include “set aside” which is the amount that Harbor Hills has not paid for what we billed them. Request for a trial date

27 TIME TO BREAK THE SILENCE27 Closing Comments Harbor Hills has refused to pay invoices from The Grove Result: The Grove has paid the full cost of electric & phone for the Harbor Hills employees’ use of our Guardhouse We even paid $185 for repair of air conditioner in the Guardhouse to keep their employees comfortable May 19, 2010 until present: Harbor Hills has used our Guardhouse without payment of rent, equipment maintenance Or providing service to The Grove

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