Lawsuits in Heritage Harbour, Bradenton (Sarasota, Longboat Key: 2013, foreclosure, homeowners association)

[Terrytiredcold]

I've been looking at property in Heritage Harbour & learned the golf course owners & one of the communities are suing over CDD fees.
That's all I know. The realtor I talked to said it's no big deal, but I wonder.

Can anyone provide me with any more info? Have the suits been resolved? If not, any definite court date? Could the outcome affect resident owners?

Sorry I seem so uninformed, but I guess I really am in the dark on these matters. We don't have CDDs where I live.

thank you for any help

[bbronston]

I don't have any more info than I've read in the paper but here's a link that might help.

Heritage Harbour residents want quick end to $3.84 million lawsuit | Lakewood Ranch Herald | Bradenton Herald

[Sunshine Rules]

I don't think most people would consider a $3.84 million lawsuit no big deal.

The group Stoneybrook Investors LLC, which owns the Stoneybrook Golf Club within Heritage Harbour, has sued the Heritage Harbour South CDD over $3.84 million in CDD fees that they claim should not have been levied against their property.

If the group wins, homeowners within that CDD district of Heritage Harbour could have to pay thousands of dollars to make up the deficit.

You can read about the issue at:
Judge narrows scope of Heritage Harbour lawsuit - The Observer Group

and also the Bradenton Herald had a good article at:
Heritage Harbour residents want quick end to $3.84 million lawsuit | Lakewood Ranch Herald | Bradenton Herald


You can reach your own conclusion after reading the stories.

[Terrytiredcold]

Thank you both. Sunshine, I think I need a new realtor. If this lawsuit is "no big deal" to her, then maybe we look at things differently!
I will try to keep up on this before I make any other offers. I think I may have been lucky to have been overbid in March.
If anyone hears anymore, I would appreciate any updates.

[Sunshine Rules]

The Observer is a small, local newspaper publication that has been tracking this Heritage Harbour CDD lawsuit story for months. This paper covers quite a bit of local news for Sarasota, Longboat Key, Siesta Key and East County (which includes Lakewood Ranch & Heritage Harbour), especially for being such a small publication. I always pick up a copy out of a vending machine whenever I find them (usually at shopping centers) as the newspaper stories are sometimes more detailed than the web site versions. Plus, they often carry stories that don't make it into either the Sarasota or Bradenton newspapers. Their website is: www.yourobserver.com

[blueherons]

Originally Posted by Terrytiredcold

Thank you both. Sunshine, I think I need a new realtor. If this lawsuit is "no big deal" to her, then maybe we look at things differently!
I will try to keep up on this before I make any other offers. I think I may have been lucky to have been overbid in March.
If anyone hears anymore, I would appreciate any updates.

I think I'd can the agent also. Wow!

[Sunshine Rules]

Lennar Homes, the developer of Heritage Harbour's Stoneybrook announced at the September 17, 2013 HOA meeting that they will turn over the Stoneybrook HOA to the residents by the end of the year. Lennar has had control of the HOA for over 10 years, having a majority number of seats on the board. A group of residents had been demanding that the builder turn over the control of the HOA to the residents claiming that 90% of the community is now developed. Lennar had been contending that the 90% mark had not yet been met because of an undeveloped parcel originally intended to become part of Stoneybrook was not yet developed. The residents argued that Lennar lost that land in bank foreclosure in 2011, which was bought by a holding company for Medallion Homes, so Lennar could no longer claim those potential lots as part of the Stoneybrook parcel.

Under state law the developer must turn over control of the homeowners association once 90% of the community has been developed.


There is still a lawsuit pending settlement by the holding company for Medallion, who sued the Stoneybrook HOA, Heritage Harbour Master Association, Lennar Homes and Manatee County, seeking reforeclosure because the original foreclosure documents did not name Stoneybrook & the master association. According to a recent report, they hope to have that particular lawsuit resolved before the end of this year.


As a final note, Lennar announced they will send out notice to the homeowners to announce the date of the official turnover meeting in which the developer will officially resign it's seats on the HOA board.