Thursday, November 19, 2015

FOREWARNED IS FOREARMED!

forewarned is forearmed-- definition

Knowledge in advance enables one to be prepared, as in forewarned is forearmed. This expression originated as a Latin proverb, Praemonitus, praemunituswhich wastranslated into English by the early 1500s. It soon was put to broader use than its original military applications



This blog was started over 2 1/2 years ago.

Since it's beginning, we have had nearly 100,000 recorded visits.We have written over 250 posts for residents to comment on. We believe than none of the previous posts are more important than this one!

This writer loves the Fairways as well of many of it's residents.
 I plan this to be my final earthly home. I know that many residents have the same plan.

Yesterday I shared some of my thoughts and concerns about our NEW prospectus.--Today I would like to express my thoughts about what we should do as a concerned community. 

First of all--we do not know as to what may be BURIED in all of the 35 pages of ''goobley goop''----WE NEED TO KNOW!

If you believe that going to local management and asking, will help----You are being misguided!

 We,--in large numbers,--need to approach our HOA BOARD and demand that they take action as to determining, what so many of the unexplained statements and lack there of mean.

TAKE A COPY OF THE NEW PROSPECTUS TO OUR ATTORNEY!

In plain English--''THE BOARD LEADERSHIP, NEEDS TO GET OFF OF THEIR ASS AND DO SOMETHING!''

If the board has already taken action--disregard the last statement.

 However--That brings up another valid concern----LACK OF COMMUNICATION AND HOA BOARD TRANSPARENCY.

 The present HOA leadership in 2015,has had as much transparency as a ''concrete wall''. 

 I will be on the board next year.---I pledge to all residents ---there will be communication and transparency.---
NO MORE SECRET BACK YARD CLANDESTINE MEETINGS!

DAMN IT ---YOU THE RESIDENT HAVE A RIGHT TO KNOW WHATS GOING ON!

One way or another you the residents are going to be informed!

THIS NEW PROSPECTUS NEEDS TO BE REVIEWED BY A LEGAL PROFESSIONAL---NOT BY SOME ''WANNA BE -----PARLAMENTARIAN'S''

There is the possibility that by not challenging this document---our lot rent could soar--to unreasonable levels!

we do not even have 90 days now-- a few days have already passed!

I attended the February meeting with Attorney Perry.--[the only one open to residents]
 I have the utmost confidence in the attorney---I was impressed,--IF--anyone can help us --it's him---

I am looking forward to serving you folks on the board next year. We all need to work together for our community!

There is NO reason that we can not have some attorney feedback by our board meeting, in about 10 days---tick--tick--tick


  Please folks contact a board member and share your thoughts---Hopefully I have done so with this writing-----


''THANK YOU FOR YOUR SUPPORT''





55 comments:

Randy Muehl said...

Wow Bill, I love when you get fired up about issues we have, especially when I agree! There's no doubt in my mind that only an Attorney can decipher some of the language and issues noted, and give a professional opinion as to what we can and cannot do about those that we disagree with. Hopefully that is being done by our HOA as we speak. It would be nice to know before the meetings what is being done in our favor, but as usual I guess we'll have to wait and see. I'm sure next year Bill that you will do your best to communicate the actions as they happen as you always have in this blog. If all goes well, I promise you will not be alone!

Unknown said...

I can't tell you how happy I am to have you both on our side. I feel better already.

Long time resident said...

Go Bill you are always fighting for us KEEP IT UP and thank you for all you do !!

Howard May said...

Bill, Hopefully your latest message will bring alot of comments. We will start off with one of just many, Page 6 paragraph 9-A, garbage must be curbside by 8:00 A.M., why so late when the garbage pick-up is in here way before that, but without a resident manager how should they know or even care!!!!!!!!!




Anonymous said...

Bill, we hardly made it by the first page "this serves a notice of approved amendments", approved by who, when and where?????????

Anonymous said...

Mangers office is located at 1601 Cedar Ridge Drive according to page 4, how about pages 6 and 11 Managers office is 14205 East Colonial Drive----confused yet???????? Also on Page 15 a one time leave of absence allowed per membership for the life of your membership. Your not serious!!!!! With the age group in here what a stab in the back after we support the golf course for years.

Anonymous said...

According to page 4 read about trespassing on lots of other residents. In the very words of Priscilla and we quote "there are no lot lines". How does a person know our lot, your lot or common grounds if no lot lines?????? Which brings up another question,see page 10, if there are no lot lines is not all the electric pedestals on common ground??????

Anonymous said...

Bill, sure hope you get alot of comments on this blog. So all of us can stay informed.

Unknown said...

Hey people don't just sit on your hands get in touch with your naighbors get on the band wagon.you may be very sorry if we don't all react to this problem NOW!!!!!!!!! Don't let the very few do all your fighting for you. We have a lawyer,let's use him.

Anonymous said...

I think that some of the language in this article is a little strong.
However it seems as our HOA board operates like a secret society. I thought they were supposed to work with us and not behind our backs.WHATS WRONG HERE?

Anonymous said...

Bill, if possible please do not post any new blogs for awhile as we lose all these and new comments. If you have new things to add maybe you can include it under comments so we can keep adding to what is there now, just keep up the suburb job !!!!!!!!!!!!!!!!

Anonymous said...

Friends and neighbors, Possibly we are seeing our beloved community, destroyed before our very eyes!
This new rule book is very scary. There is the strong possibility that all of our lot rents can sky rocket with no real limmitations!
We could even lose a swimming pool and other things we pay for. But nothing is more important than the rent issue.
What is our HOA Director of Homeowners and the President doing beside having a good time and playing golf? Have they done anything? If they have they should tell the residents. If nothing else, put a paper notice on the bulletin boards.
We have some good people on the board, but it's almost like they have been muzzled!--- If so by who/ and why? WHAT THE HELL IS GOING ON, TELL US!

Anonymous said...

I believe that The Prez and Dir of Homes have given up since their terms are about up.

Anonymous said...

So if our Prez and Director of Homes has "given up"...who do you suggest we take our concerns to? I think only a real estate lawyer maybe able to comprehend and explain these changes. Who should we contact? Since all goes into effect Feb 2016, doesnt seem like much time..... Honestly, I apologize for my ignorance, but I dont really know were to begin.... Are we legally able to protest HOMETOWNS changes or as a renter, is it, do it or move it... We only rent the land..............

Anonymous said...

What makes you think we can lose a pool???

Anonymous said...

anon 10:27
I'm afraid it's in their hands concerning our Attorney. The other Board members seem to keep quiet and not get involved. We can only hope for better things next year, although most of the board remains the same but hopefully with some new energy and involvement.

SURE HOPE SO said...

Randy and Bill are both promising a means of direct HOA communication and open forums with no keep away crap!

Randy Muehl said...

AND I STAND BY THAT! ( if elected)

Anonymous said...

FLORIDA LAW 723.021 TALKS ABOUT ''AN OBLIGATION OF GOOD FAITH AND FAIR DEALINGS''-- WITH THE OWNERS---THERE ISN'T ANYTHING FAIR ABOUT DEALING WITH THESE BAST----!
HTA PEOPLE ARE NOT HONORABLE IN ANY WAY.

Anonymous said...

Hope Randy you do get elected and there is enough time before all these changes become effective 2/16. I think we need someone that will communicate to ALL residents and in a promptly time. We seem to get information after the fact. Hopefully, it will be relevant information. Honestly, I am tired on the other "blog" ...complaining and whining about the office move. Really, there are so many other issues I just dont get it.. The office moved and that's that.. not a big deal.

Paul Horvat said...

As a former resident of Fairways, 1986-1993 and 2011-2014, I try to keep in touch with what’s going on at my former place of residence which includes Eastwood, Avalon and Fairways. I read Bill's Blog several times a week just to keep up with things.

The most recent radical change I see is the new Prospectus which goes into effect in February, 2016. I don’t, for one minute, claim to walk in your shoes or try to tell you what to do but I can say this; you folks have reason for grave concern. This new Prospectus not only makes many changes in eliminating existing amenities but leaves the door open for even more alarm. Don’t just pay attention to what it says; look at what it doesn’t say.

There is no formula as to what your new lot rent could rise to. Comparable rents in your area? That could very well leave the door open to raising everyone’s rent to Market Conditions! That doesn’t mean 4 or 5% that means that Hometown can Legally raise everyone’s rent, just as they do to a recently sold home, by as much as several hundred dollars a month and be completely inside of the law.

I remember when I bought my home in 2011. The rent I paid when I bought it was $360/month. On January 1st of 2012 it went to $590/month, Fair Market Value, and it was completely legal. I’ve no idea what it is today but I’m sure it’s well over $650/month. In your situation the tie to the CPI index has been removed from the Prospectus and no formula, except Market Value, has been inserted. Those of you who have lived at Fairways for many years, live on the golf course, and pay less than $400/month are the ones that will most likely be impacted the most. Probably new lot rent over $800/month. Shocked? Don’t be, and it will all be completely legal.

What can you do? That’s for all of you to decide what’s best for you but I’ll tell one thing I hope you are all considering, get your HOA Attorney involved. No one I know of at Fairways is qualified to understand or remedy this problem.

Just one other item I hope you folks are doing, keeping your eye on the big picture. Stop worrying about losing the library and start paying attention to what Hometown has, or may have in mind. That of future development to the Fairways.

From what I’m seeing, I envision a future Fairways as a Mixed Use Development, mobile home, custom homes, condos and apartments. Is it possible that Westchester is really the new clubhouse and pool for what is a totally new housing development?

Hometown would have that already built and could offer it as an amenity to the new housing development. Remember, Billy Casper Corp is a development company not just a golf course management firm.

Let’s not forget what is going on in the golf course business, they’re declining and developing the courses into new housing developments. What company would invest half a million dollars in new irrigation without an ROI that makes sense? Oh yes, 6 or 8 inch water lines for irrigation? Come on folks wake up. This could very well double as water supply lines to a new development if laid out properly. And when Orange County tells Hometown their sewage system no longer meets code and Fairways must hook up to municipal water and sewer who do you think is going to pay for the new infrastructure? Pass Through, added to your lot rent, that’s how, and Hometown will have the residents pay for the infrastructure to any new development they do. And that free 3,000 gallons of water you get now, you’ll soon be paying sewer and water bills to Orange County.

Finally, I really want to stress how important it is for everyone to stick together, communicate and fight this issue to the best of your ability and finances. Good Luck! And I mean it.

Paul Horvat

Anonymous said...

People read page 5 users fees bottom of the page.Uses fees may be increased because of comparable communities or charges willing paid by new homeowners. Just because a couple new homeowners are willing to pay 800 dollars per lot according to what we read that makes the fair market value 800 dollars per lot. So all homeowners now must pay fair market value. Our lot rent was tied to the CPI do you see that mentioned any place????? Can this come under the heading of a scam against the elderly ???????? Residents if you have not read this or have neighbor that has not you and they need to do so NOW !!!!! Maybe you cannot understand everything the same as the rest of us but at least try.

Anonymous said...

A BIG NOTE TO PRISCILLA THE GARBAGE TRUCK WAS IN FRONT OF OUR HOUSE THIS MORNING, FRI., AT 7:44 AM AND WE ARE NOT CLOSE TO BEING THE FIRST STOP !!!!!!!!! 8:00 as you have said does not come close but seeing you are not a resident you do not know or really care!!!!!!

Anonymous said...

Page 11 Paragraph 12-F has HTA set up a way to enforce all the items listed. They have not to date after 40 years -- 15 MPH--- come on get real you can not do anything about 20 MPH. All this can be said for the swimming rules on page 17. But your being here 9 TO 5 m-f what concern is it of yours.

Anonymous said...

Who cares what time the garbage truck was in front of your house..
OMG, did anyone read Paul's comment?... this is very serious

Anonymous said...

The only reason we mentioned the garbage truck is because if you read your big mail Priscilla said to have garbage curbside by 8 which goes to prove that along with the rest of her mailing she has no clue as to what is happening in here nor does she really care.

Anonymous said...

Probably put that in her mail package because people complain that they missed the garbage pick-up...(probably slept too late).. I just think it is irrelevant. The proposed changes have a grave output if what Paul laid out is true. It wont matter what time your garbage is outside, if you cant afford the rent anymore...
Hope someone will be able to interpret all the changes that will be effective 2016

Anonymous said...

Thanks Paul. I miss your informative posts. This was a better community with you reporting the facts.

Anonymous said...

Whgat does Caspar have involved in this? I don't trust them.

Paul Horvat said...

Thanks for the nice compliment, I think about my friends at Fairways a lot.

Randy Muehl said...

Paul, although we didn't always see eye to eye,I believe you are right on target with your assessment of what the future holds. A few of us have been saying some of these things for a while and people think we're nuts. Bill's call to arms is now a very real step we need to take. I believe this next Board will be dealing with some of the most important issues concerning our community's future that we have ever been faced with. I say bring it on and lets get to work...we have no time to waste.

Fred said...

Keep in mind that what we got in the mail is the proposed amendements to the prospectus and therefore not the entire prospectus document. Which means if its not listed in the mailing then there is No Changes being proposed. As well a lot of the double underlined items are new items added. Take your time reading and lets hope the Board follows Fl Statutes 723 and the Dir of Homeowners and his committee requests a meeting with HTA to discuss this for clarification.

Anonymous said...

Not that it really matters but the trash truck comes at 7 AM on Fridays at my house
Also not to be flippant, but I really don't give two shits about what Paul Horhat has to say. I think most of us have figured that out for ourselves we don't need an outsider explaining our prospectus

Anonymous said...

Sorry but Paul and care about this place is great we do need and opinion from an outsider whether good or bad. Keep up the great work Bill and Paul we certainly are going to need all the help we can get before this is over. We know about the garbage but it does go to show that Miss Prissss has no idea what goes on in here and this is just one little instance11111

Anonymous said...

Glad to see your comments Paul, most of the Fairways residents miss you and your Blog. Hope all is well with you and Lynn

Anonymous said...

You people here in the Fairways need to stop talking about the trash trucks, and the
pools. The big problem here right now is the rent . If HTA CAN RAISE THE RENT,
THAT IS GOING TO BE A BIG CONCERN. They took over the cable and looked what happened. Everyone needs to come out to the pre board on Nov. 30 , to see what
she has to say. Don't just sit at home and talk show support for our rights.

Anonymous said...

Just because people cannot attend the meeting dies not mean they are not interested or cocerned. Some residents are unable to attend for various reasons, health, etc and God forbid the FHAOI should post the minutes of the meeting on line so all residenrs are aware of the goings on......

Is the nightly patrol still in effect?
Is hta still having off duty police patrol?
Where does the lawsuit stand?
I see the library shelves built in the Greenbriar and most of the books put in place, not sure why no hardcover books or puzzles were returned...I know this was not Priscellas idea...

FHAOI answer is always, go to the meetings.....not a good answer in my eyes, hundreds are unable to attend, and if they were...there would be no place to seat thm all. We must all stick together, not only the ones who attend the meetings and are members of clubs.




Randy.Muehl said...

I can answer yes, the patrols are still in effect,and the paperbacks were put in by request of the FHAOI rep, Virginia, as I understand until lawsuit is settled. It could be April or later until lawsuit even gets heard. That's all I know.

Anonymous said...

Yes I agree many residents aren't able to come to the meetings due to working late, and sickness. There are over 1,000 homes in the park, and only maybe about 50 people attend. The rest can't all be working, out of town and sick. Wake up before it is to late.

Anonymous said...

The last meeting I was at there were 15 people max complete joke.

Unknown said...

One Registered voter from home should cast their vote. Counters coming Dec. 3rd to work on the returned ballots. If you need a ride to the ballot box, contact me. I am in the directory, also in the nextdoor.com. Please check with your neighbors and remind them to turn in their ballot. I have been hearing...."Oh it's on my counter" Our votes do count!!! Let's see if we all can work to gather and make a difference. Michealia Craddock (Mickey), Troon St. Safe travels on route 50 when they change the traffic pattern. Also, November 30 Board Meeting!!!! Happy Thanksgiving!

Fred said...

Randy is correct, no activity on lawsuit since 10/30/15 per this site https://myeclerk.myorangeclerk.com/CaseDetails?caseId=9409845&caseIdEnc=RCHGpFsOAG8Rd233YMxhLYDqpfnTxHwF7WymgaFbuDsPPSrceyEfTcvtnlxD3fxqb09ql2TL8I6jEdjhpLNdcA%3D%3D

Anonymous said...

Everyone SHOULD be concerned about rent increases! The lot rent on the new house on Augusta is $850/month.

CONCERNED AS NEVER BEFORE said...

RE 8;16
8;16 AM You are so right. Of all the issues in this community, none comes close to the importance of a possible rent formula change!
The library loss and moving the office is not even in the same ball game.---After hearing the prices of planned expenditurs on the Masters and the golf course--residents wondered, HOW CAN HTA GET THEIR MONEY BACK?
IF THEY CAN RAISE THE LOT RENTS TO UNCONTROLLED LEVELS--THAT is YOUR ANSWER!

FOR GODS SAKE PEOPLE--WAKE UP!

Anonymous said...

Well said, I am tired of complaints about office moving, garbage pick-up time and traffic inconveniences due to construction. Looks to me like Hometown wants to raise rent without restrictions and I think we will also be paying for water and sewage. That can really add up. That is why I hope we will have an attorney explain it all because right now, it is all very merky... Not sure if we even have any rights to challenge it....

Fred said...

folks they only mentioned the base rent NOT the rent increases per year, per the prospectus that is still tied to the cpu if I'm not mistaken. If that is wrong please enlighten me!

Anonymous said...

CPI not CPU
If your going to quote, at least get it right
CPI- Consumer Price Index
CPU-Central Processing Unit

Unknown said...

RE FRED
Fred , I disagree.--- To me the two words ''BASE RENT'' mean just that, the basic lot price without the pass through s and user fees.
At the very bottom of page 5,continued on to page 6-- HTA makes reference to''prevailing economic conditions, which would be considered by a ''prudent business man'',--in establishing THE BASE RENT!
Does this mean that HTA is planning on adopting this formula? I PERSONALLY DO NOT KNOW,---BECAUSE I AM NOT QUALIFIED TO INTERPRET THIS VEILED,LEGAL WORDING!
In the current prospectus, we are protected with limitation of the federal CPI.In this new set of rules and regulations--There is NO mention of the CPI LIMITATION!!!
I also can not follow the line of thought---''If something is missing--that does not mean it's gone!''
I believe that statute 723 advises the HOA board to meet with management on matters such as this. ---All well and good, --BUT-- would it not be much better to have QUALIFIED PROFESSIONAL INPUT FOR THE BOARD BEFORE SUCH A MEETING?
IF WE HAD A TRAINED PROFESSIONAL ON OUR HOA BOARD OR IN RESIDENCE-- IT WOULD BE DIFFERENT---SADLY WE DO NOT!

Fred said...

Bill try and let me explain. If you read the section on the changes about the Base rent you will notice 4 dots under that section before you get to Pass through Charges. That usually signifies that the section right after base rent and BEFORE Pass Through charges has NO Changes to it. As what they sent are only those sections that have been changed then it makes sense not to include sections that remain the same.

This was approved by the DBPR before sent out to us.

To anonymous @ 2:30 Really That's your contribution to the discussion??

Unknown said...

RE FRED
I stand by my response to your first reply.
ONCE AGAIN ----I KNOW THAT I AM NOT QUALIFIED TO GIVE LEGAL JUDGEMENT ON THE 35 PAGES OF RHETORIC IN QUESTION!---BUT---I can ask questions----I will not pretend to be able to read dots and statements that are not in place.
I will repeat once again ---I KNOW OF NO ONE IN THIS COMMUNITY THAT HAS THE LEGAL TRAINING AND EXPERTISE TO DECIPHER AND EXPLAIN THE COMPLICATED DOCUMENT!---AND THIS INCLUDES YOU FRED!

Unknown said...

Happy Thanksgiving to all! Be safe. Mickey

Howard Cottrell said...

I am not sure where people are getting their info about the lot rent on the new homes but many are wrong. There are no lot rents over $695, when you add the cable, it comes to about $735 and that includes the passthroughs. I just want everyone to know the truth and no exagerate. I am not saying that is cheap but lets don't make it worse than it is.

Anonymous said...

I attended the pre board meeting last night, and I must say this was a waste of time.
The board had a closed meeting in the FHAOI office for over 45 minutes before the regular meeting. No word on what that was about. This caused Priscilla time to be cut short. Half the time the board talked among them selfs, acting like no one
was there. This is the perfect example why no one wants to attend the meetings.

Anonymous said...

Exactly..that is the reason I do not attend anymore. I attended without missing for over 3 years, and was the säme crap. Same folks complaining and no solutions. T
The board just wants to keep the residents in the dark. No
Transparency whatsoever

Randy Muehl said...

Let's see what happens in Jan. Keep the faith, new blood may bring different results. As for last nights meeting, see above....