FREEDOM OF SCS RESIDENT'S
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continued on page 3 and then on page 4

3/4/2011    Since I’m partial to beer, I’m not nearly as sophisticated as Scotch drinker (and perhaps others) so I’m struggling to understand some of the issues here, specifically:
There are 9 different amenity fee rates being paid, yet we all receive the same benefit. The amenity fee structure sure doesn’t sound fair!  The part I need help with is how does anyone propose we solve the problem.   I pay one of the lower rates and don’t want it to go up.  As a matter of fact, when I bought my house, I received a certificate guarantying my rate for 5 years then only increase by cpi.  When each of us purchased here we agreed to pay exactly what we are paying, regardless of the 8 other fee structures. If KK raises my fees, I’ll be on him like a XXXXed off spider monkey…So how exactly is KK going to fix this? 
The Debt Service and Obscene Profit issues have me stumped too.  My guess is that Sonny wasn’t going to give the development away and he would sell it for the most he could reasonably get.  I also figure that KK isn’t a complete idiot and wouldn't pay more than what he felt it was worth.  So what kind of return would he want for this kind of investment?  Bunch of old fussy folks, the joys of running a golf course and struggling restaurant, a 20 year old development with used up roads.  My guess is that nobody would touch this place without at least a 15% return on their investment.  So $9,500,000 x 15% equals $1,425,000 per year as a return on investment.  If I add up what KK spent on Debt Service and Profit, it totals $1,116,122 or 11.7% return on investment.  If you throw in the Management fee number (another $211,500), that bumps the return up to 13.9%.  I know this is the point I’m supposed to get really angry, but it seems like the return is a little on the low side for me.
I’m also thinking we need to be careful what we ask for.  I’m not a big fan of the Marion County Sewer trucks tearing up our roads, or for that matter stinky garbage trucks…SO LETS BAN ‘EM ALL!!!  Wait, doesn’t Marion County own the sewer plant that processes all our crap (well at least the stuff we flush).  They have easements across the roads (just like me and you) and have the right to freely access their facility.  So let’s say KK could magically make their rights disappear and is successful in “banning” them from our roads so they can no longer service their facility.  What then... I figure a whole lot more crap in the neighborhood (but who would notice).
As I drove home today I paid attention to the real estate signs.  I saw Spruce Creek Realty, Keller Williams, ERA and For Sale by Owner.  If KK is trying to ban all other real estate firms, he missed a few.  It looks to me like anyone can list a home or sell a home, but since Spruce Creek Real Estate specialized in Spruce Creek (hence the name), they have more listings than others.  I also recall that Sonny owned Spruce Creek Real Estate before KK and used that company to market the new construction and any resales (that’s who I bought from).  I’m also not a big fan of open houses.  Seems like a good waste of a security guard to let anyone in who wants to go look at houses just because they can.  I plan on living here a while and I don’t want a bunch of folks wandering around the neighborhood checking out my house.  Just my opinion.
One area KK can do a better job is in maintaining the Community Center.  I hadn’t been there in awhile, and it's looking run down. Of the issues people have brought up here that one seems like there is an easy solution…money.  My guess is that if some of the more passionate people here would focus their energy on working with Mgt to get specific things done versus getting wrapped around the axle about things that are “unfixable”, this whole effort might actually get something accomplished.  While I’ve never been sued or sued anybody, I have watched Judge Wapner a few times and thought the whole thing a mess.  It looks to me like we could get new exercise equipment, redo the tennis courts, paint some rooms and a few other trinkets for, oh, say...the cost of a lawsuit.
Thanks for your indulgence, and remember to type slowly for me.



3/3/2011 re; Scotch drinker?s idea to purchase SCS.  Not a bad idea I suppose. However I see that since we purchased,  about 3 months after Mr. K, our value has dropped about 35-40%.  Given the rate of depreciation an offer in the range of 6-6.5 M is more in line with the current market.  Now we are only obligated for about 4K per household.

We also have to consider that the condition of some areas of the community have deteriorated due to lack of maintenance, so the 6M now seems too high.  We could consider making an offer that does not include the golf course and restaurant property lowering our offer even more.  Our roads are private not public so we could offset our expenses by charging a toll for all outside golfers that enter our roads to use the golf course and of course there would be a toll for the sewer trucks also.

I?m on a roll now?.How many roads do the carts have to cross to continue play on the next hole?  More tolls for outside golfers. It?s getting late now and I?m fresh out of ideas.

Nite nite all, sleep tight, don?t let the bedbugs??????


3/3/2011    ref: (Cold Shower) Ahhh yes, freedom of expression, I love it along with fine scotch.
I could never be more serious in my postings. In fact I am submitting another.
Well I was musing the other day that we all could band together and make Ken an offer he could not refuse. Did you see the flick?
Here is how it would work. We offer him Ten million for the dump (sorry, but that is what I hear it is from postings).
That would be about six grand a lot owner give or take a little. Now we all become share holders, one lot one share. Everyone is equal. Now the easy part. Since we each own a piece of the action each one of us gets to make up a list of things we want here at SCS. It is so simple a caveman could do it.
Ken could unload the albatross around his neck and escape the trial that awaits him. It would be foolish for him not to take the early buyout if it were offered.
You mentioned being serious, I think our predicament here at SCS is very serious, have so for several years. However from my bit of research we might be in for a costly legal battle. Yes we are getting the short end of the stick but this situation is a lot deeper than some people could ever imagine. Let us hope the forthcoming mediation process is fruitful. Got to run now, have to go shower after I finish this glass of fine scotch.  


3/3/2011    GOLF COURSE PURCHASED BY SCS RESIDENTS FOR their 'BENEVOLENT DICTATOR,' KEN KIRKPATRICK
        I don't golf and have no idea what it costs to have a membership or just a weekly round or two of golf.  But it looks to me like SCS residents who do have those memberships or frequently play the LINKS are paying double.  They pay a monthly amenity fee, part of which is used to pay KK's mortgage payment to ERP for the purchase of the golf course.  THEN these same residents have to pay fees to play.  Isn't that a double whammy??? At least the golf membership or playing fees could be reduced by the portion of their monthly amenity fee that applies to their 'benevolent dictator's' mortgage payment.    NOTE: 'Benevolent Dictator' is the term KK used to describe himself at the first SCS town hall meeting.  WHAT'S BENEVOLENT ABOUT THAT PICTURE??????  xxxxxxxxxxxxxxx @!  Do publish my email address even if you do not want to publish my name. 
      Not publishing names reminds me of when Hitler made all the Germans turn in their radios so they wouldn't know what was happening.  KK got the 'Dictator' part correct. 


3/2/2011       If our amenity fees are going for debt reduction, does that mean that we are paying for Mr. Kirkpatrick to buy the golf course? 
Quote from Mr. Kirkpatrick's post 
"The purchase price was 9.5 Million. The Erp?s (the former owners) held a promissory note on $7.6 Million.
Spruce Creek Golf, LLC is the entity that was formed to be the purchaser for that transaction and that
currently owns all the amenities, roads, common areas, golf courses, nature area and real property within the
Spruce Creek South Development."  Everything in other words except our homes and our lots.
 Actually the former owner holds a mortgage for $6.525 M as recorded in Marion, Lake and Sumter Counties.
 This is  public record.  In this case and from the information Mr. Kirkpatrick provided, the mortgage
includes the golf course.  This is not an amenity available to the residents.  We can pay for memberships and pay to play.  If our amenity fees are going for debt reduction, does that mean that we are paying for Mr.
Kirkpatrick to buy the golf course?
 

 
3/1/11  - To the Scotch drinker. My advice is to lay off the booze.
Take a cold shower and sober up. You said some pretty stupid
things. Most residents take our situation very serious. If you don't
like to see dead horses kicked around, put your mouse over the X
in the right hand upper corner and click. You never have to return
to this site again.
 
To the individual who feels compelled to utter untruths and nonsense.
My advice to you is to check into the nearest rehab vacility. You poor
soul you're living in a make believe world. There will be no tolls. As for
more special assessments, its not the one man HOA that forced us
into paying an extra $10.00 per mo. for 10 years. Your comments
about steakhouses and speed strips are ridiculous.  Get help fast.

3/2/2011      To the writer that believes I should “tune out” as not to be subjected to the writings of others that use this site to express their thoughts on SCS. Do you not know what satire is when you read it? Lighten-up. You mentioned others right of freedom to speak their mind. When serving my country I never faltered in my duty to preserve that right of citizens of this great nation to express their views. “Tune out” never!
There is no doubt in my mind we here at SCS have very, very serious concerns with Ken. In fact at the very first meeting he held with our residents he was asked about most of the items that are redundantly posted on this site. He evaded each of these questions very skillfully, especially the one concerning our out of whack amenity fee structure. I believe he used the term, “that isn’t getting any traction.” You might have attended one of those two meetings. Everyone left the meetings with a feeling he was going to change our community for the better. Well the honeymoon is over.
I do recall the person running this site withdrew it for a while. Perhaps it was because the flailing of Sonny Erp had diminished and the love affair with Ken took over. I am not sure this was the reason but the site was dormant for a while after that time frame.
It is comical at times to read some of the postings as they often ramble from one subject to another without having any common point. On the other hand some are very factual. I did glean some truthful information from this site from time to time. I also had a good laugh at a lot of it. It has been entertaining at times to say the least. Some of it may have bordered on slander. It is apparent there are some at SCS that will always have an adversary relationship with management of any type, good or bad. Perhaps that had been their style in the workplace and they brought that mentality with them in retirement. The owner of this site should be commended for letting everyone express their opinion, no matter how far fetched some of it is. Even I had some fun on my last posting! No, You can bet the farm I am not going to “tune out” I am just going to keep reading these posts and now and then put in my two cents worth.
Yes, Ken has a lot of explaining to do, especially “what is a fair profit.”
Now about “takeover day”, well, I will leave that for another time! Have to refill my glass with more scotch, stay tuned!
God bless America


3/2/2011      This is in response to the writer who thinks the re-paving was done properly!  Let's start with the word "assume" which when syllablized is ass-u-me.  You obviously wouldn't know a good paving job if it smacked you in your face!  According to one of the paving supervisors they laid down the minimum that could be done with their equipment.  Did you happen to see any piles of blacktop laying at various places in our community?  How about all the truckloads of sewage that are coming to our treatment plant from other areas of Marion County?  Don't you think they had anything to do with the deterioration of 176th Street?  They paved the 2 boulevards first and now have been running over them with their heavy equipment to pave the side streets.  Do you think they really had a plan or was this to appease the disgruntled residents?   Do you know of anyone who was informed in advance that their street was going to be paved on a given day so they could plan for deliveries, etc? 
     Perhaps you've lived here so long that the drinking water has adversely affected your ability to see what's really going on!  You might want to spend some time gathering facts before you make any more assumptions about what is really of concern here in Spruce Creek South!  

3/1/2011  I feel compeled to respond to the previous writer's post:
Your hilarious take on the post March 21st meeting strikes me in so many ways that I must respond!  Having been a long time resident, I could only imagine these types of changes taking effect.  Assuming our Community Center would be rebuilt - could you imagine the amount of complaints that would pour into the office from those homeowners living near the Center...or those residents living on 176th, complaining about all the trucks and hammers and the noise all day long while the new building is reconstructed?  Don't forget the main road was just repaved; do I smell another "special" assessment coming as the trucks begin to destroy the road?  But who will those residents call?  Administration will be closed.  I suppose they will call their neighbor to complain while their neighbor tells rumors of the Outback Steakhouse setting up shop in our community restuarant.  Then more phone calls - All the traffic coming in and out of the community is destroying the roads!  Those drivers visiting our community should pay a toll at the guard shack.  How dare they enter and support our community!  Meanwhile, another "special" assessment will be issued by the HOA Board of Directors as the passenger cars and small SUV's continue to destroy the roads!  Meanwhile, the toll at the front gate is now $5.00/vehicle and the Outback Steakhouse has to close and the residents are now upset that there is no restaurant again.  Additionally, the golf course will have to raise it's Membership dues to $20,000/person to compensate for the lack of visiting play.  But don't worry!  Those residents living on the golf course will be less prone to the occassional errant golf shot that sends a ball sailing into their home while the grass on the course grows uncontrolably.  Thank goodness.  I've heard fellow residents complain that golf balls hit their homes.  Guess they should have looked out the back door before they bought.  But who now handles all these complaints??  Fellow residents?  Board of Directors?  I've seen complaints about the street paving - I think they've done a great job.  People complaining because of a few pebbles of ashpalt weren't cleaned up.  Gimme a break!  Just as those complaining about speeders - I have a great idea!  Let's place randomly around the community some "state of the art" rapid-deploy spike strips!  That'll stop 'em!  I guess what I'm saying is - - yes, things need done.  We live in an older community.  People keep throwing about the word "lawsuit".  There is NO lawsuit.  Let's work with Management.  Let's get active and volunteer time to make this a better place!  Meanwhile, those of you complaining about our property values continue to worsen the situation by sharing the same negative comments over and over.  If your home was for sale, would you want potential homebuyers reading this?  I think not.  Let's find an alternative solution and get more participation from our neighbors and stop looking for something to complain about around every corner. 



3/1/2011  Answer to "ENOUGH IS ENOUGH"
You had your say. Now let the other residents have their say. Just tune out and you will not be subjected to their freedom of expressions.


3/1/2011     Please, enough is enough. Stop beating the dead horse.
After a while it gets like a broken record, over and over.
Yes we have read about the pool and its problems.
Yes we have read of the paving.
Yes we have read about the condition of the grounds.
Yes we have read about the restrooms.
Yes we have read about other real estate people being locked out.
Yes we know our amenity structure is wrong.
Yes we know our deed restrictions are NOT enforced.
Yes we know of the lawsuit. 
But on an upbeat note the residents will soon have control and all our problems will automatically disappear. Every one will be happy. No one will be dissatisfied. There will be peace in the valley. We will have a year-round heated pool with a retractable dome. A full time qualified pool attendant will be on duty to see it is maintained and he or she will perform chemical tests every 2 hours to check for urine in the water. The current Community Center will be demolished and a building such as the Villages Savanna Center will replace it. Our rest rooms will have gold fixtures. All existing landscaping will be removed and Better Homes and Gardens magazine will be asked to come and make us look as pretty as the photos in that publication. All stop signs will be removed; as they now are not heeded, we do not need the aggravation of someone stopping at one in front of us. The speed limit on our roads will be increased to 65 mph so as not to slow anyone down after a day at Wal-Mart. A card system will be installed at our gates that will record your coming and going and take a photo of your tag so it can be cross checked with a master file to see if you really are authorized to be in here. We will have a new restaurant similar to Katie Belles in the Villages. Entertainment nightly, two for one drinks every day. There will be at least twelve full time employees at our service between eight and five each day with a night crew coming on at five. These people will be paid union wages similar to what public employees receive in the states of New York, Pennsylvania, Michigan and Wisconsin. We will pay for their full medical benefits. In addition they will receive a “golden” pension package. I just can not wait till after March 21st. Can you?
Please excuse me for now; I have to go replenish my glass of scotch.

 
3/1/2011   Going back to my earlier email, I want to apologize for reference to "advertising a "Buyers' Beware"
...sounds like a used car lot or something"....  I should have selected a better comparison as the majorority of our pre-owned/used car lots have become very reputable and have made great strides in their image in the past few decades.  Those of us 55+ recognize the past dilemma about these car lots, but now find we shop for our cars in these used/pre-owned car lots.  I do myself....  So, my apology and hope I have not offended anyone who does, in fact, own and operate a used car facility.  I am a used car owner myself and will most likely continue to do so for a number of years to come.  I hope we are able to make the same strides upward in our community!

3/1/2011     In conjunction with everything else that is going on in SCS, are homeowners aware that Kenneth Kirkpatrick is the Broker of Record for Spruce Creek Real Estate LLC?  When KK (and his agents) say that Open Houses are not allowed, it closes the community for professional, responsible marketing of the homes that are being listed for sale.  There is NO such restriction against Open Houses in the Deed Restrictions for SCS.
That is a 'restriction' that KK has come up with to eliminate competition from ethical, 'professional' real estate agents/brokerages.  Some of the agents from his brokerage have been known to approach other realtors attempting to do an Open House. This is totally unethical by Spruce Creek Real Estate LLC and on the borderline of being illegal. 
The very fact that KK owns the property managment company, Spruce Creek Golf, LLC, the Spruce Creek Recreation, LLC (recorded with the Florida Commission as a 55+ community!...in which we do not live) and then sets his own rules on how a property can be marketed in SCS is a HUGE conflict of interest and worthy of being brought to the attention of FREC (Florida Real Estate Commission).  '
Open Houses give potential Buyers the opportunity to come into a community to not only see the home but also view the appearance of a community.  This is 2011, not 1990, and a great way to market real estate/communities. 
Mature, responsible Buyers do not like being 'stuffed' into a realtor's car and never allowed to venture on their own.  It can be a very intimidating situation for a buyer;... they need to be allowed to enter the community and assess it for themselves and inquire about other homes in the community....not just be shown what the realtor wants them to see.....then 'dumped' outside the community, never to enter again unless some realtor is called to 'tout' them around.
The "Tour"advertised on the sign tied outside our front gate...what is a 'tour' of our community!!...it isn't like we are a large community with massive amounts of rec centers, pools, tennis courts, 20+ golf courses and shopping districts!!  These gates need to be open so that the potential buyers can view the community for themselves, etc.  (Note that no other real estate brokerage is allowed to post a sign at the entry)
These potential buyers have more than likely owned 2, 3, 4 or more homes over their lifetime and need to be treated with respect , not treated like people who are going to come in here and steal everything they see!  Gates should be open during daylight hours with passes being given at the gate, and then  dropped off as they exit. 
You can drive all over the Villages, even the upscale Bridgeport communities, Harmswood, where there are $600,000 - $1.2 million dollar homes.......and we are concerned with what?????
And advertising should be done on individual homes .....this is what is done by 'professional' real estate agents.....not one big 'blog' in the newspaper every now and then.....advertising a "Buyers' Beware"...sounds like a used car lot or something...pathetic!
KK has put his brokerage at an advantage if he sets the rules and regulations for marketing in here.  Regardless of how drastically your home prices are reduced, the Broker and each Agent in his office gets a tidy little commission with each and every sale.....and we lose!!
The value or our homes go down because the appraisals are based on recent sales in here....which have fallen below the prices of some manufactured homes built in the '80's!!..this is factual and recorded in the MLS systems and public records.
This should be of real concern to each and every homeowner in here!!
We get  letters from our 'friendly neighborhood realtors' on how many homes they have listed and sold; however, they never disclose what these homes sold for nor how long they sat on the market.
Our community is being destroyed to the financial advantage of the management as well as the brokerage company, broker and agents. 
Folks, we are at the back door of the fastest growing 55+ community in the nation!...thanks to the Villages we have many shopping places, banks, medical offices, hospitals, etc......everything we need at our back door (i.e. prime location for those seeking a 55+ community). 
We need to stop the limits put on our community and get our prices back up where they need to be.  These homes are our investments and we are the only ones who can protect that investment!  We are not trying to divide, we are trying to unite for the good of all homeowners!  We need to open our eyes and see the reality of what is happening in here!

2/28/2011   With regard to the previous few posts - I believe the root of the problem is that management believes in doing things as cheaply as possible "at the time".  Let's say we fix something three times this year at $100/repair.  That's $300/year in repairs for a specific item.  Let's then assume that REPLACING the item costs $200 (that's means putting in something brand new - after all, that's what we pay amenity fees for).  But - - - because it was only $100 to repair, TEMPORARILY, the first time, Management deems that a more intelligent decision.  It is MY OPINION that Upper Management may not know what their employees are doing with their money and their investment.  After all, Ken did seem "shocked" at the "sudden" occurrence of problems in SCS.  Maybe Ken should come and take a tour of the investment??  I do agree with a previous post - two areas of the property which are NOT in disrepair are the golf course and the common grounds.  As a golfer, I feel the only thing keeping our property values where they are today is the good condition of the golf course.  Just hope and pray that doesn't change!  It has improved drastically over the last few years.  The Community Center and surrounding amenities are in need of some SERIOUS attention by Upper Management.  Is it possible Upper Management isn't aware of what's going on down here???  I love Spruce Creek, but am very concerned of the unintended consequences this POTENTIAL lawsuit may cause for every single homeowner......


2-28-2011   - The SCS Rec., Maint., Security and Landscaping Director
(xxxxxxxxxxxxxx) has been given orders by upper management
to implement a "no spend" policy until further notice.That means,
of course, nothing will be repaired or replaced until further notice.
Several residents witnessed the no spend statement. It is no secret
that the CC rest rooms, entry way and ballroom floor are all in a
deplorable state. The pool area, tennis courts, and volley ball area
are in sore need as well. Get used to it my fellow residents. This is
what happens when a dictator controls the purse strings. We are being
punished for being dissatisfied. A real Home Owners Association (HOA)
should determine how  and when maintenance funds are spent. Our
single member HOA is KK, the managing Co. leader is KK, the not so
silent owner is KK. Do you see a pattern here? Has it been determined
that the beautiful large American Flag will no longer fly proudly at our
main gate, because its too expensive? Have the Vets. club complained?
Suppose the residents stick together and agree to a no pay policy with
regard to monthly fees, I'll wager that a giant clean up, fix up campaign
would quickly be implemented. Wake up folks, let's get rid of the middle
men. Residents should own SCS. A reliable managing company
can take care of security, landscaping and maintenance details for
half the price we are paying. Many years ago Sonny Erp offerred
the home owners the priviledge of running the recreational portion
of his responsibility. This involves no fees, no funds and no profit.
Of course, we residents turned him down. Erp got back at us by not
allowing the property owners to belong to the HOA. (Only he and
his wife were HOA members, back in the day). I could go on forever,
but I feel that I'm sowing seeds on infertile ground.  Bye bye.

2/28/2011 Restrooms
This is a reply to the writer that gave a detailed description of the sinks in both the men’s and ladies rooms. Having used only the gentlemen’s room recently while enjoying a show at our community center I must say I did not find the problems the writer did in the men’s room. In fact I found it quite clean. The federal government regulates the temperature of the air that is emitted from hand dryers in public restrooms.
On another notes, it is common knowledge Ken now has our attention. Absolutely it is morally wrong for him to take the obscene profit he does. (No matter how he accounts for it).
If the pool has a leak let’s have one of the many competent pool repair companies do the proper repairs. If it needs a more modern filtration system so be it, get it. Yes we do need decent tables at the pool with shade umbrellas. As for ashtrays, I am not so sure we need smoking at the pool.
Just a note not related to most of the postings on this site. I am impressed with the guys and gals that play at our ball field. With little help from SCS they keep that field immaculate.


2/28/11 - We can't believe anyone would post ignorant statements and identify themselves.
There are many negative comments on this venue, I wonder why? Could it be that they are
true? Since you have a lot of guts, why don't you identify those comments you say are false.
Where did you get your information regarding the number of people against "this lawsuit"?
You don't even know how many people live in this community, it's not 1200 or so.  Your off
by more than 50%. Madame Zone Rep. do you know how many people are in your zone?
There are more than 2000 signatures on the petition to seek legal help and go foreward.
This constitutes a majority. Is there a zone rep. or phase leader that can say they've
identified and resolved a single problem? 
There is and always has been an HOA here at Spruce Creek. The only member of the HOA
is not a home owner, how can that be, his name is K. Kirkpatrick. Is this the same man that
owns the management co.? Yes indeed. Is this the same man for all practical puposes calls
himself the owner of Spruce Creek South? Yes indeed. These facts are true and can be proven.
Let's review for a second. The primary owner of SCS, the management company CEO and the
single HOA member is one and the same. Do people with a lot of guts and no brains recognize
a dictatorship? Maybe not. Shame on you for not knowing the situation you find yourselves in. Do
you still wonder why there is a lack of cooperation with the present owner, management and HOA? 
Perhaps you should get your own minority petition and sign a waiver excluding yourselves
from any of the benefits realized from the pending legal action. 
Signed, Gutless but not ignorant, still anonymous.

2/28/2011   I visited the OURSCS web-site.  I feel that there is a problem with the community. I
The first correspond sent to management was in the fall of 09.
The residents of Spruce Creek South, don't need a benevolent dictator or any other type of dictator.
Why are our amenity fees being used to pay a mortgage to the prior owner? 
This money is supposed to be used to maintain the community.
Let's take a look at the community center, the smell of mold when you walk in the front door.
The screens to cover the storage area, the lobby has been turned into.
New cheap faucets were put in the men's room without stoppers in the basins,  
and the old rusted stoppers were left on in the basins in the women's room.
The formica is worn down, the floor tile doesn't match, the hand dryers have no pressure,
the entry doors are filthy.
A 20 year old development need more than a band-aide.
The improvements are done cheaply and these problems will come back again and again.
Replace, not repair.
The delay and stall is over.  Time to shape up or pack up.
Spend the amenities for the community.  Don't spend it to pay your mortgage.
To call a meeting and not take any questions, is an insult.
I don't want to hear a speech, that is a move of a dictator.
If you want to make a statement, send the residents a letter.
I am not concerned about the different amenities fees.
I'm concerned the amenities fees
are being used to improve the community.


2/27/2011 COMMENTS
THE SITE AGREES THAT COMMENTS ARE GETTING OUT OF HAND. TO MINIMIZE THIS, NO NAMES OR EMAIL ADDRESSES WILL BE PUBLISHEDPLEASE PUT THE DATE AND YOUR SUBJECT IN THE MAIN LETTER BOX, IN ORDER TO HAVE A REFERENCE FOR OTHER EMAILS TO  RESPOND TO YOUR PARTICULAR COMMENT.
THANK YOU.


2/27/2011    Thanks Jerry and Larry for your very sensible request. It is needed. Several comments have gotten somewhat personal lately.
Your suggestion that the March 10 meeting be cancelled also has merit. At this point our residents are in no mood to discuss Deed Restriction updates. They have much more to be concerned about at the moment than the height of bushes or dirty roofs and driveways. Let us hope cool heads prevail at the mediation.
Thank You, Concerned Resident



2/27/2011     RESPONSE TO BIXLER RE ZONES AND FALSEHOODS:
     I commend your willingness to serve your community as I have also done such as driving the SCAT Security Car for two years and serving as secretary.  But I believe your position as a zone rep is simply enabling management to abuse us as a community.  They get paid to maintain this community and obviously if they can get people in the community to do the work for them, spotting eyesores, they make a little more profit.  It appears all they do is send nasty letters to our elderly population who are struggling to keep up.  Management is NOT "trying to uphold 'their' end of the deal in keeping Spruce Creek South one of the most desirable communities to live in" according to Jim Day's Oct. 11, 2007 letter to residents.  I could suggest better ways to serve the community such as being part of a HELP group who replaces bulbs in lightposts for ailing residents who shouldn't climb ladders.  Or follow the roadworkers and clean up the mess they leave behind. 
     DID I MISS THE COMMUNICATION SENT OUT BY MANAGEMENT AS TO THE ZONES AND WHAT AREA OF THE COMMUNITY WAS COVERED IN EACH ZONE??????  I recall zones when Swanee Preston developed the COMMUNITY EMERGENCY RESPONSE TEAM (CERT) program here in SCS.  We had 17 zones.  Now we have 8?????? CERT was ended by management.  How was the information disbursed to residents that a map was available at the community center to find out which zone each person lives in???    Did everyone have to go get a map, even those people in wheel chairs, living alone???  How convenient.   Did you even think of that?????????
     AS TO FALSEHOODS ON THIS SITE, NAME THEM AND WE'LL SEE.  ANY FACTS I PUT ON THIS SITE CAN BE RELIED UPON AND I CAN BACK THEM UP WITH EVIDENCE FROM EITHER PUBLIC RECORDS OR MANAGEMENTS RECORDS.  Or were you referring to the 'mistake' Mr. Gerth made about  "Petitioning not being allowed per the Deed Restrictions."  He hung up on me three times when I called to find out 'WHERE' in the deed restrictions.  Such ZONE REPS we don't need. He didn't have the balls to make a public apology for his 'mistake.'  I don't know you and I'm sure you are a nice person because you offered help for the community, but I think you need to step back and take a second look.  By the way, there are 1624 homes and that means about 2500 residents.  There are 1300 supporters of our petition.  Posted by Judith Keith (include my name).


2/27/2011    We have read the viewpoints posted on ourscs.com and in our opinion, everyone should consider postponing further comments until after the Mediation Meeting on March 21st.   What have we gained if at the end of this process, win or lose, we pit neighbor against neighbor.  Over 1,200 residents signed the Petition to support the Concerned Residents about the following Major issues:  1)  Use of the Amenity Fees to pay the Mortgage   2)  Control of the Homeowner's Association  3)  Equal Amenity Fees  4)  Remoderling or Replacing all SCS Amenities  5) Equal opportunities for all Real Estate agents and Homeowners.   Mr. Kirkpatrick states that SCS is a better place now than under the former owner.  We respectfully disagree.  Let the Mediation, or in the final analysis, a Lawsuit proceed under our Justice system.  The outcome is too important to all Residents so let us not degrade the process by inflammatory comments.  Mr. Kirkpatrick, we also feel you should postpone the March 10th Meeting on the Deed Restrictions until after the Mediation Meeting,   Signed:  Jerry and Larry Spellman


2/27/2011   You tell them as YOU are so right. and you give so much to this community, I congratulate you! unsigned due to retaliation possibly among some residents pushing this issue, not  management.....


2/27/2011   According to Pam Bixler there are over 400 abandoned homes in SCS.  She mentioned 1200 residents.  Now there's a well informed leader!  And she wrote about false information!  Wow. now that's impressive! 


2/27/11 -  It is my general opinion that Kirkpatrick and his cronies (investment partners) have found
the "golden goose". They collect approximately $2.6 million dollars a year (2010), in fees, to pay
off the mortgage for this place. What's left over is their income minus a small amount (little as
possible) for SCS Rec. & Maint. Only a skeleton crew remains to take care of security, landscaping,
maintenance and recreation. End of year bonuses to all, for an outstanding job of hood-winking
the senior residents and paying them lip service whenever possible. One way of looking at our
predicament is: - We are buying SCS and common areas, not for ourselves, but to give away. And
before we give SCS away, let's repair the roads so the partners have no worries about potholes etc.
I don't think Ali Baba and the Forty Thieves could envision a sweeter scam. (This is only my opinion.)


2/26/2011  KEN  & JIM
YOU NEED TO TOUR YOUR INVESTMENT
And see the work your people are doing, you get what you pay for.
WOMENS RESTROOM Lets start in the women's restroom at the pool, The superintendent of operations put in two different colored fixtures in there, one white and one cream color. Would you do this in your home ? We were told this was only tempory that's been a few years. Shower floors are in bad need of paint.
VOLLEYBALL COURT While your in that area look where we only have one volley ball net up used to be two.
POOL
Now the pool deck paint in bad shape, two different color lounges, the new ones are so low old people have hard time to get out or off of them. There is about 15 missing also. There are no ash trays.
Who ever fills the pool puts in  to much water so the bugs & leaves don't skim out, the gutters are a drain for floating objects. The State requires a certin amount of Clorine, your using house tablets. There are two HOUSE HEATERS not comerical heaters, only one works has to work twice as hard to keep temp up.
Look over where the cars & golf carts come around the corner to the pool parking lot, them busches need to be lowered a lot so you can see whats coming. There is constant people eating food on the deck no one checks, lot of people no name tags, Jumping & diving in, these are you rules enforce them or take the signs down.
HOT TUB
What a real joke your people are getting in to the tub with no therapeutic value at all. No thrust at all, hold your hand over it you can stop it. Only three jets have thrust and that's the hot water return. New state laws as of 2011 our tub is not up to standards. Do you understand we need this for therapy I guess not, were just old people that complain all the time. Just fix it that's what we pay for. The sand that comes is is fine makes our feet think we are at the beach. THE COCKTAIL UMBRELLAS what a joke and waste of money, my golf umbrella is bigger than they. THE LILLY PADS that were supposed to keep the pool warm , who's bright idea was that? They probably spent 3 days building the cage to put them in.
TENNIS COURT
People play on them but they don't have a choose, visiting teams don't what to play here.
Lighting needs attention, and pickle ball is a real joke.
ROADS BLACKTOP
The exit to 441/27 needs fixing bad but your doing the least traveled areas the culdesac, and redoing streets you just did, hope they clean up there mess they are leaving and don't blow in my yard. 
COMMUNITY CENTER
We have A television  for watching in the office, I never seen TV in a work environment.
The Mold is present when you come in the front lobby
Come in the door by the pop machine look at 3 inch grout on right hand side, you would not have such a job in your home. Kitchen needs a good cleaning, Floors in ball room need lots of THC. Pool room tables paid for by residents why ? Sound work & sound stand has done by residents Why ? Exercise room smells sweat, equipment old and in adiquite. Saua what a joke. This stuff all needs to be replaced its old and been worked hard.
Emergency phone out side by exercise room should be out by the pool not where it is, and check batteries often, not been resealed since we need it and had to go to the kitchen to get 911 and some help in the pool.
YOUR MAINTANCE AREA MOLDY ROOFS ALL KINDS OF JUNK AROUND. Your gray mail box  ours are black.
WHY NOW THE RUSH  ? IS THE PAN GETTING WARM??
Your the one that was stalling and having to get your act together. It started out you did not take us serious. Were serious as hell and 1400 plus names should get the media attention soon, Elder abuse, fraud, just to name a few. IRS oh well, State Licenses, stuff done with out permits , yes we are serious. Its in your court you have been served.
INVITE YOUR INVESTORS AND BOARD MEMBERS YOUR ON TO SEE THIS PLACE UP & CLOSE. INVITE THEM FOR LUNCH AT YOUR CLUB HOUSE. THEN SHOW THEM OUR CLUB HOUSE & POOL,TENNIS COURTS.
Many people paid up front costs to lawyer. Now THREE law firms on contingency


2/26/2011     We can't believe anyone would question Ken Kirkpatrick's (or any other person's) integrity and not sign their name.  People have posted some very negative (and some entirely false) comments anonymously.  It really shows how gutless you are.  Get involved by owning up to your opinion.  Also, as many of you as there are who are angry regarding this lawsuit thing, believe me there are just as many of us who think you are very wrong to take this avenue.  When you make comments that you are representing all, or most, or the majority of homeowners, please know that you are not.  You may think you are succeeding by getting an HOA in here, or by getting Sonny back in here, but count us out!  (Now, watch how many people respond to this - anonymously, of course.)   
To answer a question that was posted, I (Pam Bixler) am one of the Zone Reps.  In (or about) March of 2009, there was an article in the Hi Neighbor and on e-Neighbor from Jim Day regarding the start-up of a committee to help identify and solve issues around the community.  Out of - 1,200 or however many residents there are in here - exactly 10 people responded.  Not one other person was even interested.  We were not picked by Management, we volunteered to help.  Maps of the Zones are available at the community center, as well as the names and phone numbers of all ten of the reps.  We have also been identified in the Deed Restriction letters (by name and with our phone numbers.)  Maybe, if push comes to shove and you are ready to take over the homeowner's association, you will get the same response.  Or maybe some of the people who are so vocal anonymously will be the first in line to be part of the HOA.  Be careful what you wish for . . . Jeff and Pam Bixler


2/26/2011     MR. KIRKPATRICK I RECOMMEND THAT YOU DISBAND EACH AND EVERY GROUP SELECTED TO ADVISE YOU/RECOMMEND AMENDMENTS TO DEED RESTRICTIONS (IF RESIDENTS DIDN'T LIKE/AGREE TO THEM THEY WOULDN'T HAVE PURCHASED IN SCS TO BEGIN WITH.)
ALL OTHER
GROUPS MADE UP OF RESIDENTS OF SCS.  IT WAS SHOWN/PROVEN TO PREVIOUS OWNER OF
SCS THAT NO RESIDENT WANTED A HOA.  IT IS FELT THAT CERTAIN GROUPS (EXCEPT THOSE
FOR ENTERTAINMENT) ARE MADE UP OF BIASED OLD FOLK WITH NOTHING BETTER TO DO THEN
TO RIDE AROUND THE COMMUNITY AND LOOK FOR FAULTS.
EVERYTHING THESE SO NAMED GROUPS DO IS THE PURVIEW OF MANAGEMENT.  IF THOSE IN MANAGEMENT CAN'T GET THE JOB DONE WITHOUT OPINIONS OF GROUPS THEN THEY SHOULD BE REPLACED.
IF YOU WANT THE OPINIONS OF " ALL" THE RESIDENTS OF SCS THEN PREPARE AND DELIVER A
FORM REQUESTING ANSWERS TO CERTAIN QUESTIONS ASKED OR ASK FOR VOTES ON SPECIFIC
ITEMS.  TRY BEING MORE DEMOCRATIC IN YOUR APPROACH.
I ALSO RECOMMEND MANAGEMENT BE MORE FORTHRIGHT IN THEIR ANSWERS TO RESIDENTS
QUESTIONS/CONCERNS.  ALSO MANAGEMENT (INCLUDING MR. KIRKPATRICK) SHOULD STOP
BEING SO DOGMATIC.
I HOPE SCS RETURNS TO THE GOOD STATE IT Was IN WHEN IT OPENED AS A NEW COMMUNITY AND I DO BELIEVE A LOT OF THE GRIPES ARE HOLD OVERS FROM THE ERP ERA THAT WERE NEVER RESOLVED AND THAT CONTINUE TO FESTER BECAUSE THEY ARE PERPETUATED BY THE
NEW OWNERS.



2/26/2011    That operating statement is VERY interesting.  Included in the "expenses to maintain the community" would be a "Management Fee" of roughly $15,000/month according to what I've personally seen.  Are you aware of that???  Plus $80,000/month to Erp & Partners & another $14,000/month (ficticious) for depreciation.  My goodness....this is getting very scary!


2/26/2011   TITLE:  2008 & 2009 INCOME & EXPENSE STATEMENT POSTED BY Spruce Creek Recreation, LLC.
This is the second time I have tried to post this spread sheet to show how much of our amenity fees go to maintain our property and how much goes to benefit the Partners. Looks like 50% to me.
I am putting this information in this email as an attachment, so please look there.  Please post my address for any questions:  keithjudith@ymail.com






2/26/2011    We have been here almost 5 years now and have never heard of "Zoning Representives".  I would respectfully like to ask for a break-down of the areas covered (maps) and the Zoning Reps names for future SCS questions


2/26/2011    Just one more point about the "integrity" of KK and his brain trust.  Has anyone been notified in advance that their street was being redone?  How much effort would it take to notify residents in a timely manner of the pending inconvenience?  Was any consideration given to the possibility of home delivery of furniture, health supplies, or perhaps attempting to correct an issue that was created by the hundreds of letters sent by Heritage Mgt?  Just one more example of their inconsideration for those who are being abused! 
    Does anyone care that an elderly woman sold her home for $20,000 and walked away because she was upset about the receipt of a "Linda letter" among other issues and that a person recently purchased a home here for $30,000 less than he sold his mobile home for in the Villages? 
    Perhaps it is not a concentration camp but it's a hell of a lot closer to that than the adult community that most residents expected when they invested for their retirement years!  



2/26/2011-- The writer who mentioned the restaurant certainly does have mixed feelings. I would also say
the individual is mixed up. The fact that the "Missing Link" has failed several times has nothing to do with
residents failing to support it. Even non-residents didn't like the place. The restaurant would have been
a success if the owners of the property didn't require rent as well as a healthy slice of the profit. This is
something Sonny Erp tried. It did't work then, it won't work now and it will never work as long as the
property owner (Heritage) places such a large burden on the restaurant manager. The restaurant would
succede and people would line up and wait to be seated if:
 
#1 - Reasonable rent alone is paid to the property owner.
 
#2 - The food is not pre-processed, cooked elsewhere, frozen and delivered.

 
#3 - The service staff is trained to a professional level.

 
#4 - Pricing is competative.

 
In my opinion it is the restaurant that should support its valued customers, not the other way round.
Sonny and the present owners blame residents for their failure. I say Baloney!




2/25/2011      #1.  Kirkpatrick lied when he said he contacted the 'group.'  He called one person for a one-on-one with one person
       and wanted no attorneys present.
#2.  Kirkpatrick said he didn't know of the problems but he received our attorney's demand letter in August of 2010.
#3.  Kirkpatrick says he re-activated the HOA after he bought the community but according to Florida sunbiz.org
       he merely renewed the HOA on March 6, 2008 and added himself as Registered Agent and deleted the ERPS.
#4.  Kirkpatrick says each new buyer was given a disclosure for the amenity fee.  However, were these buyers told that
       the fee would be more than the seller was paying and that actually there was no 'active' home owners association.
#5.  Kirkpatrick states he created Spruce Creek Recreation, LLC as the operating entity and that is why the maintenance
       fees are paid to Spruce Creek Recreation, LLC.  TRUTH:  Spruce Creek Recreation, LLC is a FOR-PROFIT business
       while the Spruce Creek South Homeowners' Association is a NOT-FOR-PROFIT Corporation and he would not have
       gotten away with the rape of our community under the later as it limits profit to "reasonable profit."
#6.  Kirkpatrick claims to have never met any of those involved in the lawsuit, yet he played golf many times with one.
#7.  Kirkpatrick claims we "need a better mechanism of communication."  We do and since he has never responded to  
       any of the phone calls or letters from residents, we found a better mechanism and that is a LAWSUIT.
                                                                                                                  submitted by keithjudith@ymail.com


2/25/2011 From Ken Kirkpatrick
In an attempt to try and make some progress on any of these fronts, I contacted the group coordinating the lawsuit to request a meeting.  I simply requested the opportunity to get together and begin the process of trying to find solutions to problems. They chose not to meet with me or discuss the very problems that all of you demand I fix.  I was told that since the Mediation was already scheduled (March 21), we need to let the legal process take its course. 
While I respect their decision, I think it is wrong for the following reasons:
There are already a number of items we probably already agree to.  Meeting before hand allows us to make progress on some areas while narrowing the focus at the mediation to the main topics.
Going into the mediation with a common understanding of each other’s needs and wants makes it easier to negotiate because each party knows what is important to the other.
In order for Mediation to work BOTH parties have to agree to cooperate, and meeting before allow us to establish some level of trust  that we will need later (don’t laugh).
If you rely on the legal process to solve all these problems, you will be sorely disappointed.  I meant what I previously said about being committed to trying to resolve these issues, however if you stay the current course many the options we currently have will not be available in litigation.
If the goal of this effort is truly to make Spruce Creek a better community for all, I’d suggest asking the group to rethink the harm in meeting to try and do just that.
Ken Kirkpatrick

2/25/11 - In response to Mr. Kirkpatrick's comments. I am a long time resident who has witnessed the systematic
downgrading of our amenities. Oh my gosh, can it be that you are not aware your underlings have terminated many
employees? One elderly woman is now the recreational director and is in charge of maintenance,security, and
landscaping. Really, four hats for XXXXXXXXXXXXXX, what a sham. It is not easy for her to continue to
accomplish that which we've become accustomed. I believe she is overworked and under paid. Unless, of course,
she earns a commission based on your reduced expenses. The administrator, with an attitude, that you placed
in the CC doesn't seem warm or sympathetic to our problems. From your viewpoint I'm sure she's an excellent
worker. From our viewpoint she'd be more helpful cleaning the disgusting restrooms.
The term Developer somehow doesn't seem to fit any more. Owner/Manager is what we have, the worst of all
possible arrangements, we have no voice in matters and no real Home Owners Association.
Following are some of my concerns:
- Some of our recreation/maintenance fees are being used by the owner/management company (O/MC)
  to pay off their mortgage. Thus reducing the amount spent on maintenance. Unethical and maybe illegal.
 
- Some of our fees which should be used to pay for the basic cable channels are not being forwarded to the
  cable company. We are also paying taxes for basic cable service. Chances are the taxes are not being
  paid to the state. This smacks of fraud. Where is this money going?
 
- The Spruce Creek South (SCS) roads which belong to the O/MC are being ruined by the heavy waste  being
  trucked to the processing plant. The waste is not from Spruce Creek residents. Why are residents being
  charged for road repairs when the damage is caused by others and the roads do not belong to the residents?
 
- The pool hasn't been sufficiently chlorinated for several years. All random tests performed by a resident
  have indicated very low levels of chlorine. Having skin problems? Notice the algae in the pool and mildew
  on the pool deck. Is chlorine so expensive that our resident's health must be compromised?
 
- Has anyone wondered why the hot tub doesn't work properly? Have you noticed that the water jets are
  spewing air and sand instead of pressurized water? Frequent top ups are required because of the leaks.
 
- A Recreation Director and/or helpers used to be on hand for 12 to 14 hours a day, seven days a week at the
  community center and pool area. Rules and regulations were strictly observed. Apparently the O/MC found
  it neccessary to reduce expenses and terminate these employees. Security personnel were also dismissed.
  Many rules are now ignored. Have any of these savings been passed on to the residents? Of course not.
 
There are many other areas of neglect at SCS, here are  just a few: (Tip of the iceberg.)

 Reduced street lamps by half has compromised security and reduced expenses. Rebate to residents - None.
 
 CC  ballroom marble tile floor no longer being waxed, polished or repaired.              Rebate - None.
 
 What happened to the American Flag that was proudly displayed? Too expensive?  Rebate - None 
 
 Horse-shoe players, softball teams, tennis groups and others are covered with
 insurance provided by the O/MC. Why must the newly formed air gun club
 purchase their own insurance? Ever been hit with a flying horse-shoe or baseball bat?
 
Mr. Kirkpatrick, how long do you think SCS residents will stand for the chipping and hacking away of our amenities?
In the Erp era, we had none of the afore mentioned problems.
 
Sincerely, a friend and concerned SCS resident.
  


2/25/2011    After having read the most recent posts on this site I truly wonder if KK knows what "integrity" really is?  Perhaps having been born with a silver spoon in his mouth he doesn't realize how hard many of the homeowners here have worked to get here to pay off his mortgage!

2/24/2011   KEN KIRKPATRICK IS NOT TELLING THE TRUTH.
KEN, You stated in your email that "the first notice I had that there was any problem whatsoever was the day  I  received a certified letter from the attorney threatening a class action lawsuit". Not true , two years ago I sent you and Mr. Day a letter stating that the amenity fees at that time were unfair.You never had the insight to answer the letter. The only thing not in disrepair is the golf course and that's because Mr. Darren Irwin knows whats needed and does his job.I think the only reason you welcome the opportunity to have dialogue now is, because you have been taking advantage of the people at spruce creek, and they are fighting back with a lawsuit.If your serious , you'll do whats right and I doubt that.

2/24/2011   Ken - I completely agree with the comment prior to this one.  Your "letter" on this website shows your true colors.  Your views are very obtuse.  Don't you realize that fixing the problems that the majority of us are concerned about would improve and correct the situation we are in today?  The only good thing that remains in this community is the golf course.  What I find even more concerning is that no portion of our fees supports the course or am I wrong?  My point is - - where is the money going?  We have a community center that when walking in the front door smells alot like mold.  The pool leaks and jucuzzi is constantly broke down - the classic line we're always told is "the parts are on back order" or "they shipped the parts to the wrong Spruce Creek".  These lies get old to all of us and we're sick and tired of hearing the same old thing.  Unlike other complainers on this website, I believe we SHOULD be paying higher amentiy fees than other communities around us.  Our community is older and older "things" require more maintenance and more repair.  I am not a fan of paying higher amenity fees when the community is not being cared for.  Have you seen the exercise equipment?  The exposed electrical wires and boxes near the street lights up and down the boulevard?  How about the run down, cracked tennis courts?  The gates that are always broke down?  The moldy retaining walls at the front of the property - if our house looked like that we would get a letter!  How about some of the rude Security guards?  How can we expect to sell our homes when the first person greeting them is a grouchy old ex-cop?  I will say, Ken, that the grounds are very well cared for and your staff does an outstanding job, but that is only a piece of what would make this community attractive to folks when we want to sell our homes.  Make this a more desirable place to live!  The restaurant is a constant issue.  I have mixed feelings.  A fellow resident tried to make this work and our community did not support him.  Shame on us for that.  At the end of the day, we want a nicer place to live, a place we feel proud for our guests and family to visit; a place we know we can sell when the time comes; a better maintained Community Center and staff that doesn't give us lip service. 


2/24/2011   Mr. Kirkpatrick, you insult the intelligence of Spruce Creek residents.  Your "perspective" and "clarity" that you projected in your recent letter is too little, too late. I guess it takes a class action law suit to get your attention. Your newly acquired phoney concerns does not sit well with a majority of the residents.


2/24/2011  For the poster who asked about us paying Kirkpatrick's mortgage payment to Sonny and Brenda Erp. 
Scroll down to the postings of 2/1/2011 or so and read. You will find that the Erps receive $52,564.96 per month from Kirkpatrick. Where do you think this comes from? Wonder why they can't repair the pool leaks or the tennis courts?
For Mr. Kirkpatrick, I'm sure you must have heard that there are 1,300+ signatures on the petition that was circulated. How do you explain this many unhappy residents? I know...you don't have to.

2/24/2011   If I read the message from Ken correctly the residents of SCS are paying for the loan he and others obtained to purchase our development.
He says, "We purchased the development because we thought we could do a better job running the development than the prior owner, we could service the debt and make a reasonable profit for our investors." 
Does he mean his debt payments to the Erp's come off the top of our residents amenity fees? Are we paying the $7.6 million note for Ken and the other investors? Unless I missed something that is what he is saying. 
As Ken owns the company that manages SCS, he also gets a fee for this service. 
It appears we have Ken's debt to pay, his profit to pay, a road assessment and a management fee before one cent is used for amenities. 
On another note,  The writer using the word "concentration camp" and comparing it to SCS, perhaps has never been to Germany or Poland to actually see first hand what they are referring to. If they had, they would know we are by no means a "concentration camp". 
Some serious concerns, yes, but nothing that would compare us to The Third Reich.
 

2/24/2011  DEAR MR KIRKPATRICK
IN RESPONSE TO YOUR SUDDEN DISCOVERY OF OUR PROBLEMS. WOW I'M JUST AMAZED THAT YOU A PROMENENT BUSINESS MAN IS SO OUT OF TOUCH WITH HIS BUSINESSES LIKE SPRUCE CREEK SOUTH. YOUR STAFF SHOULD ALL BE FIRED IF THEY DIDN'T CONTACT YOU REGARDING THE COMPLAINTS THEY HAVE BEEN BOMBARDED WITH ON WHAT NEEDS TO BE UPDATED AND FIXED IN THIS COMMUNITY. FROM THE SHABBY FACILITIES TO THE FALLING DOWN EQUIPMENT IN THE WORK OUT AREA. THE TENNIS COURTS ARE ALMOST READY TO BE CONDEMNED, AND THANK YOU SO MUCH FOR THE MONEY YOU PUT OUT FOR THAT CAN OF PAINT FOR THE PICKLE BALL LINES. IT PROBABLY BROKE THE BANK AND TOOK AWAY FROM THAT PROFIT YOU ARE MAKING. AS FOR MEETING YOU AND KNOWING YOU, HOW COULD ANY OF US HERE AT SCS DO THAT, YOU KEEP YOURSELF WELL HIDEN, WHERE DO YOU LIVE WE WOULD ALL LIKE TO SHOW UP ON YOUR DOOR STEP AND SEE YOUR LIFESTYLE AND CONDITION OF YOUR AMENITIES. LETS DO LUNCH MR. KIRCKPATRICK AT YOUR COMMUNITY CENTER RESTURANT, WE'D HAVE YOU HERE BUT WE DON'T HAVE ONE. I'M POSTING ON OURSCS.COM SO ALL CAN READ THIS NOT ONLY YOU, AND LETS HOPE IT DOESN'T TAKE ANOTHER 4 YEARS BEFORE YOU READ THIS SO LETS KEEP IN TOUCH...

2/24/2011   Mr. Kirkpatrick; 
Thank you for your very detailed explanation of some of the current issues here in SCS. 
In the very beginning of your letter, you make mention that, in the absence of information, human nature is to assume the worst. We all know what happens when one assumes... 
So, can you clarify the statement made recently by one of your zone reps in regard to the April 1 surprise that you have for SCS? Did this person speak out of turn, or let the cat out of the bag in regard to the standardized $129.00 amenity fee for everyone here in SCS?
The amenity fees and how they are used seems to be the primary bone of contention here. 
Are there any immediate plans to update the workout equipment (it's unsafe) at the community center, repair the leaks in the pool or re-surface the tennis courts? 
In retrospect, do you now think that you and your investors paid too much for this community? The word is that you said you did and when you can't make any money here, you will dump the place! 
Are you cutting back on repairs and improvements in this community just to increase your profit line?

2/23/2011     TO ADDRESS THE COMMENT FROM THE 17 YEAR RESIDENT AS TO HOW MUCH THEY WILL BE CHARGED FOR THE LAWYERS FEES, IT'S NOW "0" THEY HAVE TAKEN IT ON A CONTINGENTCY. BUT TO BE HONEST WITH YOU I AND MANY OTHERS PUT NO PRICE ON THE CONDITION WE LIVE UNDER TO GET IT CHANGED. COMING FROM A PRIVATE COUNTRY CLUB WHERE THEY UPDATE THEIR DECOR EVERY 6 YEARS THIS IS AN SORE EYE OPENER TO SAY THE LEAST. IF YOU THINK THAT 20 YEAR OLD AMENITYS ARE WONDERFUL YOU CERTAINLY NEED YOUR EYES CHECKED OR GET A REFUND ON THE GLASSES YOU'RE NOW WEARING. I'M SURE YOU WILL BE ONE OF THE FIRST ONES THAT WILL BE ENJOYING ALL THE UPDATES THAT WE AS THE INITIAL GROUP ARE WORKING MANY HOURS TO GAIN CONTROL OF AND IMPROVE OUR COMMUNITY FOR ALL THE ONES THAT DON'T HAVE THE ENERGY NOR STRENGTH TO DO SO. WE ARE NOT A FEW OF DISGRUNTLED HOME OWNERS, AS OF TODAY THERE APPROXIMATELY 1200 OR MORE PEOPLE THAT HAVE SIGNED ON BOARD. I AM JUST WONDERING WHERE KEN KIRKPATRICK LIVES, AND IF HIS WIFE, IF HE HAS ONE, WOULD BE HAPPY AND PROUD TAKING HER FAMILY AND FRIENDS TO A CLUB HOUSE/COMMUNITY CENTER LIKE OURS. IF SHE WOULD USE OUR FALLING APART EXERCISE EQUIPMENT, LOUNGE IN THE SPA AND LEAKING POOL THAT DOESN'T STAY HEATED, THEN PLAY TENNIS OR PICKLE BALL ON OUR COURT. SHE WOULD CERTAINLY HAVE TROUBLE DISTIGUISHING THE PICKLE BALL LINES FROM THE TENNIS LINES, SINCE THEY ARE BOTH ON ONE COURT. YES WE HAD 3 CRACKED UP TENNIS COURTS, BUT NOW WE HAVE 2 TENNIS COURTS, AND ONE TENNIS/PICKLE BALL COURT. HOW CHEAP CAN YOU GET!! THEN OF COURSE DO LUNCH AT THE RESTURANT THAT WE DON'T HAVE ANYMORE. YES YOU HAD MORE AMENITIES 20 YEARS AGO THEN NOW. OH AND BY THE WAY DID YA HEAR THEY ARE PAVING THE GOLF COURSE PARKING LOT NEXT. GEEE THAT GOLF COURSE SURE BENEFITS US DOESN'T IT, IS THAT PART OF THE $10.00 PER MONTH THEY ARE TAKING OUT?? IS THAT CONSIDERED ONE OF OUR AMENITIES? IF YOU WISH TO CONTACT ME PLEASE DO SO, MY EMAIL ADDRESS IS TIAGERI@AOL.COM

 

2/23/2011    Dear Moderator.
It’s been awhile since I’ve been to the ourscs site…Oh My Gosh!
I was absolutely amazed at some of the comments, and really compelled to try to address some of the concerns.  You have graciously posted our comments back when we purchased the development and I would again appreciate the same courtesy.  I’ve attached a word document.
Thanks in advance,
Ken Kirkpatrick
Dear Friends and Residents,
I really felt it necessary to at least comment to some of the posts on this site. I apologize for not doing it sooner. I have long ago learned that in the absence of information, human nature is to assume the worst and make assumptions that in many cases are incorrect. So here goes…
First of all, I
m not that bad a guy. I value integrity, open communication and a fair deal. I like doing stuff with my kids, golf, hunting and Auto racing. I
m not sure how many of the folks on here know me personally, but from the comments posted, my guess is not many. That being said I accept full responsibility for creating an environment that has led to the comments on this site and am committed to doing my personal best to resolve these issues. Below I have tried to comment on the main points I read in the various posts.
As you may be aware (and if not it is a matter of public record), we purchased the Spruce Creek South Amenities, the Golf Course and related properties from Spruce Creek Development, in August 2007. The purchase price was 9.5 Million. The Erp
s (the former owners) held a promissory note on $7.6 Million. Spruce Creek Golf, LLC is the entity that was formed to be the purchaser for that transaction and that currently owns all the amenities, roads, common areas, golf courses, nature area and real property within the Spruce Creek South Development. Spruce Creek Recreation, LLC is the operating entity that we use to handle most of the operational expenses associated with the amenities (that
s why your monthly maintenance fee checks are made out to Spruce Creek Recreation, LLC) and is separated from the golf course for accounting purposes. Spruce Creek Recreation, LLC is entirely owned by Spruce Creek Golf, LLC so for most purposes, other than accounting, they are one and the same. We purchased the development because we thought we could do a better job running the development than the prior owner, we could service the debt and make a reasonable profit for our investors.
When we purchased the development in 2007, Spruce Creek South Home Owners Association, Inc. (the HOA) was not an active corporation. According to the state of Florida it had been administratively dissolved due to not filing an annual corporate report since 1998. Since it had been inactive for 10 years, it didn
t appear that there was much desire from the homeowners part to be involved with it. Regardless, at the time we purchased the community we had the HOA re-activated with myself as the sole officer. Since that time the only activity is that the $10/month road assessment has been kept in this account. It has been a non-resident controlled HOA since 1989, but if this is something that the residents would like to revisit, then great. We will need to come up with a transition process, hold elections, etc. This one topic seems to get a lot of attention and there appears to be a lot of confusion. For clarity, the Spruce Creek Homeowners Association, Inc “is organized to provide for organizing the recreational, social and cultural activities for Spruce Creek South” (Direct quote from Articles of Incorporation of Spruce Creek South Homeowners
Association, Inc.).
The other significant issue we inherited was the amenity fee structure. Just so that everyone is on the same page, below is the current fee structure and number of lots at each level.
Tier 1 22 $94.07 /month
Tier 2 35 $103.37 /month
Tier 3 128 $109.59 /month
Tier 4 198 $118.62 /month
Tier 5 243 $127.91 /month
Tier 6 250 $136.21 /month
Tier 7 337 $138.29 /month
Tier 8 16 $116.79 /month
Tier 9 356 $155.80 /month
Villa 2 13 $289.76 /month
Villa 1 25 $240.87 /month
One of the most common complaints we hear is “It
s not fair that [name] only pays $94.08 per month and I have to pay $155.80 for the same service.” Im not entirely sure why it was set up that way, however at the time of purchase each homeowner was given a fee disclosure that said what the monthly fee was and they agreed to it at the time of their purchase. Similarly, when we purchased the development, we were counting on an income stream to be able to maintain the community, pay our bills and make a reasonable return. If we lower everyones fees to $94.07 then we can
t maintain the property or pay our debt and the development goes into default and back to Mr. Erp. Alternately, if we raise everyone to $155.80 (or some middle number), then the folks who are hit with a big increase will have reason to file their own lawsuit. There is no simple solution to this problem, but the resident advisory group will be addressing this immediately after we get done with the Deed Restriction update that we are undertaking.
There is also apparently some confusion around the 55+ community, the name of the community and processing of checks. Spruce Creek South is the platted name of the development that everyone lives in. It
s not a legal entity, just the name of the community. In order to open a checking account or conduct business you need to be an entity recognized by the state. As stated above when we purchased development, we created Spruce Creek Recreation, LLC as the operating entity for the neighborhood, so this is how our development is registered with the Florida Commission on Human Relations as a 55+ community and also why your monthly maintenance assessments are made out to Spruce Creek Recreation. Finally, the monthly checks are processed in Tampa as that
s where the lock box service we subscribe to is located.
When we purchased the property and had the informational meetings, I shared our goal and philosophy for managing the amenities. I said that there was a lot to do and that we couldn
t do it all at once, but our objective is that each year, the development as a whole is in better shape than the year before. If you think back over the last three years, I hope you can see that it is better today than when we purchased it. I also said that due to the size of the development and no functioning HOA it would be difficult to keep open lines of communication with everyone. In an attempt to address this void, we brought in the e-neighbors website, created a resident advisory board to get input on issues within the development and formed a resident based Architectural Review Board for architectural requests within the community.
Can we do better? Absolutely. Are the problems that still need to be addressed within the community? Without a doubt. Is the best way to make meaningful progress to run out and file a lawsuit? Not in my experience. As you are aware, there is a group of residents within the community that are threatening a lawsuit. I have never met any of these individuals, nor have they approached me about their concerns. The FIRST notice I had that there was any problem whatsoever was the day I received a certified letter from the attorney threatening a class action lawsuit. It wasn
t until three months later, that my attorney finally learned the names of the people. The only reason I share that is highlight two issues. One its hard to fix a problem that you dont know exists and two we need a better mechanism of communication if people feel like their only option is to get an attorney to solve a problem. As stated in my opening paragraph, I
m committed to looking for a fair solution and creating a better way for mechanism for meaningful communication.
I hope I have added some clarity and another perspective on this issue. I
m also pretty sure that as we answer some questions, others will be raised, so in that light; if you have further questions or concerns, my personal e-mail address is
Ken@heritagemanagement.net. I would welcome the opportunity to have a dialogue or any help you can offer in working through the concerns of the residents. Again I apologize for not addressing some of these concerns sooner.
Ken Kirkpatrick
Spruce Creek Golf, LLC
Managing Member



2/23/2011 Homeowner Abuse
An 88 year old man planted a tree in his backyard 18 years ago.  Of course over the years the tree matured and his ability to care for it deteriorated. 
 Recently he submitted a request along with a statement from an arborist that he had hired to the group of rocket scientists for their approval to remove the tree because it was not in good health and was causing his rain gutters to become blocked and there was risk that the roots would damage his patio.  One of KK's SA's came to his property, claimed the tree was in good health and denied his request!
   He resubmitted his request and the second time he got a report signed by Jim Day that his request was denied for the reasons listed below and that area of the form was blank!
    He made a personal call to Jim Day and yesterday Jim showed up 1 1/2 hours late for a scheduled appointment with Marie and his request was approved!
    Does anyone know, has KK gotten state approval to change this community from an adult community to a concentration camp?    Perhaps the disgruntled editor of the Ken Jim Express could print copies of the reports this 88 year old man filed in the next issue!


2/23/2011  Response to re-paving?
When I asked, one of the workers said, "the asphalt was bad and didn't pass inspection."
I asked who inspected the job, Marion County? The response was yes...he thought so.
The sweeper cleaned up 95th Cir. yesterday but didn't do a very good job of cleaning up the left over asphalt covered stone(s).

1/22/2011  In response to the person talking about the possibility of having
fixed ammenity fees for all. This is the best idea
I have heard so far. For those original homeowners that are paying
the small fees, just wait until your kids take
over your home or if you have to sell your home. When the buyer sees
that they will have to pay $160/month
for amenity fees...NO SALE!! We need FIXED amenity fees, and they
should be reduced and in line with
what other developements are paying.

2/22/2011   $129 Amenity Fee for All
This would certainly hasten the wearing of a horizontally striped shirt for KK.  There are many residents who are bound to a CPI  controlled increase in amenity fees with a maximum increase of 5% in any given year!  Perhaps at that point he could be given the assignment of cleaning up all the excess black top that is laying all over the community!  
 Does anyone have any idea what caused the sudden attention to road re paving?

2/21/2011     The last I heard over a week ago, after the bulk of the petitions were turned in with 700 plus names, was that management and their lawyers now wanted to talk or negotiate.
This was after one of Kirkpatrick's people, a zone rep, told another resident that Kirkpatrick told their members that there are only a couple  hundred "disgruntled residents" that are pushing this action. 
Have we sat down and talked or negotiated? Negotiate what? More stalling and delays?
I have heard from more than one source that come April 1, Kirkpatrick has a surprise for the residents. The surprise is reported to be an adjustment to the amenity fees to $129.00 for every resident of SCS. Does anyone in the know have any comment(s) on this?
If this is true, I can't imagine that this will set very well for those residents who have been here the longest and are paying less than that now.
Maybe it's an April Fools joke on managements part? They have to understand that this situation is NO joke!

2/20/2011    FS 720.303 (8)  ASSOCIATION FUNDS; COMMINGLING.--

 

 

 

 

   (c)  Association funds may not be used by a developer to defend a civil or criminal action, administrative proceeding, or arbitration proceeding that has been filed against the developer or directors appointed to the association board by the developer, even when the subject of the action or proceeding concerns the operation of the developer-controlled association.

2/20/2011     720.3086  Financial report.--
In a residential subdivision in which the owners of lots or parcels must pay mandatory maintenance or amenity fees to the subdivision developer or to the owners of the common areas, recreational facilities, and other properties serving the lots or parcels, the developer or owner of such areas, facilities, or properties shall make public, within 60 days following the end of each fiscal year, a complete financial report of the actual, total receipts of mandatory maintenance or amenity fees received by it, and an itemized listing of the expenditures made by it from such fees, for that year. Such report shall be made public by mailing it to each lot or parcel owner in the subdivision, by publishing it in a publication regularly distributed within the subdivision, or by posting it in prominent locations in the subdivision. This section does not apply to amounts paid to homeowner associations pursuant to chapter 617, chapter 718, chapter 719, chapter 721, or chapter 723, or to amounts paid to local governmental entities, including special districts.

 

 2/19/11  To the person who asked what has happened since the Attorney's Letter was sent to Management last fall.  Lots of STALLING ON THE PART OF MANAGEMENT, that's what.  First management wanted all of us to prove we own property in SCS.  LOL  (laugh out loud)   All they had to do was check the Official Records at Marion County to get proof of who owns which lot in this community.  Another STALL tactic.  Show me your closing packages, they demanded. My closing package from 9 years ago is not proof that I own a lot today.  Then in response to our Attorney's request for income and expense statements for each year since this community was sold by ERP, they sent a bunch of numbers that in no, way, shape or form even a CPA could make sense of.  More STALL, more DELAY.  Maybe they think we are going to get tired of all this and go away.  WE ARE NOT!!!!!!   Residents who went door to door with the Petition shared facts with their neighbors and for those who haven't used the community facilities for awhile, it was an eye opener.  When there is more information we will make it available to the community.  If you weren't home when a petitioner stopped by and you wish to sign, send me an email.  keithjudith@ymail.com     Publish my address.


2/19/2011  I sent this and it was returned as you can see below.  Can you fulfill the request below.  I am not good at doing  the computer stuff at state site. Thanks so much 
I just found the site ourscs.  Read your paragraph.  When we moved in here we were given a copy that was almost unreadable and now I am finding out that it did not include all the pages.  Could you send me a copy of the complete documents.  Please include bylaws and any other info you might have.  I can only open documents in works.  Could you send in that format.  
Thank you very much for your help.  We just moved here in Sept. and are really concerned.  I read the restrictions before we purchase and really thought they covered us.  Guess we made a mistake.  Really need to read and understand what is going on. 



2/18/2011   The lawyers letter seemed to address all the issues. It was written
August 20, 2010 and it gives Heritage until September J, 2010 to
respond (whatever J means). There are a couple other typo errors also
which I assume was done by the web designer (maybe not). Anyway, the
deadline was 4 months ago. Did Heritage ever respond to the letter?
Has the claim been filed? Any new developements?


2/17/2011      Going for a stroll around the neighborhood, I noticed that several streets, namely 95th circle and 102nd avenue were recently paved for a second time. However, I noticed that some asphalt chips were lying in the concrete gutters running into the catch basins. Frankly, this looks like a second hand job  no one from SCI bothered to take a broom  and  clean up the mess, it looks awful. I recently received a notice to clean my driveway which looks far better than the asphalt chips. Just curious if "security"  is going to issue violations to those people who have the chips around their property. Where is the curb appeal from management?


2/14/2011   Happy Valentine's Day!  
     What I like about this site is that people can say what they want, even though sometimes folks are rather rude.  I do find the site hard to read because it is hard to tell where each comment begins.  I really liked the idea of leaving an ID name so others can respond.  I leave my name and email if anyone cares to communicate directly regarding any issue I have brought up on this site.
     I have learned in canvassing many streets for signatures that there are many seniors here who really are having a difficult time due to their own ill health or that of their spouse.  My friend and I wondered if we need a support group for those individuals who can no longer get out for basic things like picking up medications or even grocery shopping.  If anyone would care to become involved and could offer a few hours helping someone occasionally, please send me an email.  We first need a team of helpers in order to even start something like this and maybe others know a lot more than I do as to how this might come about.  Anybody??? 
keithjudith@ymail.com   Publish my address please.


2/14/2011  Names
I say leave things the way the have been since the site was started. It appears to get the job done.

To those that wish us to sign our name --- I suspect you would also like to enter the poll booth with us to see how we vote. I accept your right to express your views. Please accept my wishes to close the curtain when I vote and leave this comment unsigned. Thanks very much

2/14/2011    I agree that Spruce Creek South Concerned Residents (SCSCR) is an excellent name.  Perhaps we should add ourselves as a "group" to the eNeighbors website for more visibility.  I also agree that these e-mails should be "signed" to help put them in context as to how many contributors of comments there are, and how many contribute large volumes of comments and how many just one comment.  Call me August2000.

2/13/2011   I noticed at the top of the 'petition' which is circulating that it says "Spruce Creek South Concerned Residents". 
 I think that might be a pretty good 'name' for this group.  I totally agreed we need to be concerned residents in this community; not only because of the deplorable conditions of the majority of the buildings, pool, tennis courts, unfit 'fitness center', etc.that OUR $$are being spent upon.  I think the only thing any amount of money is being spent on is the GOLF course!! No small amount either. 
I would suggest you pay more attention to the smell as you step into the front entrance of the Community Building.  Try coming through the front entrance instead of the back entrance.  A 'keen nose' may detect a slight (or more) smell of possible mold.  I think buildings of this nature should be monitored occasionally as we live in a state which generally reports high humidity the major part of the year.  Worthy of some consideration.


2/13/2011  I have been reading though these email postings, trying to get up to speed on what is going on in the community, and it is really hard to follow the conversation.  Anonymous senders addressing anonymous previous emails????  You don't have to give a real name or email, but it would be beneficial to the conversation if everybody at least signed off each of their emails with the same unique screen name like: "golf nut" or "cat lady", or "american idol fan 72".  That way specific comments can be address, and multiple emails from the same person can be looked at as a whole.  It will help develop your point of view and prevent one email from being taken out of context.  
Thank You,
PackerFan

2/12/2011 1000 resdents
Wow, according to a recent posting on this site, over 1000 residents have signed a petition or something of the sort.
That means well over half our residents are on a mission. GOOD LUCK.

2/11/2011    Since over 1,000 residents signed the circulating petition, the group needs some type of identification that the residents opposed to the current treatment of their amenities fees can identify with. The "tea party" came into existence during  the last election, people can relate to the name. Perhaps the group can incorporate a name such as the "green party" or another name that seems appropriate. Just a thought.

2/11/2011    I just read through the volumes of e-mails regarding the SCS Homeowners Association or lack of one. In all e-mails but one no one signed there names. I agree with most of the comments but have several issues. Who is managing this site, messages are listed over and over and over. Makes it difficult to go through all the information.Tonight, 2/11/2011, was the first time anyone with a petition to sign and support your position approached me. They did not have any information only a sign up sheet. If you ask me to sign something please have some support information available. I will not sign anything without reading what's it about.

I have issues with Heritage Management but will handle then in the proper way. For instance a price list was published for replacement street lights and gate openers. Each was listed at $44.52 each. I just bought the same light fixture at Home Depot for $34.00 or so and a gate opener for $15.95 plus $4.95 shipping and received it in four days. I didn't think Heritage was a profit center but I guess they are trying to be.

In any case if you have an opinion and trash someone else please have enough courage to sign your name and give an e-mail address.

Jon Teli, 17852 SE 96 Ave. 770 335-4692, jteli920@yahoo.com


2/11/2011 Answer to ---Request for disclosure request 
First , I AM NOT A MEMBER OF MANAGEMENT, I am a long time resident. Would a member of management publish what you read here?  My ID as well as those that choose not to have theirs published will remain anonymous. WHAT WOULD
YOU GAIN IF I TOLD YOU WHO I AM ?????????????? 


2/10/2011   Hi '
Yourneighbor@ourscs.com'
     Your site provides a good way to share information.  But my concern is WHO are you.   If you are management then I do not want to use you.  If you are a resident, then please let me know who you are.  I would like to know personally who is administering this site.  Thank you. 
KeithJudith@ymail.com.     Please publish my name.

2/10/2011       A THOUSAND SIGINATURES AND GROWING
Just thought I would let some of you know. Heritage thought this was a joke, there now looking at it very diffidently. Don't worry about the lawyers we paid the start up with about 80 people fed up the way things are being run. The lawyers are on contingency and know they have a good case. I have only had one person I asked to sigh the petition, would not sign it.
When asking KK a question  he said I own the place and I'll do what I want. Heritage has many deed restrictions themselves, look what color there mail box is at the community center , we have to have black there's is gray.Look at front wall they put vines on to cover up, the problem  is still there those that got letter about drives and roofs take notice. Look at the fence behind the villas there's is 5 ft. Not chain link solid white. We have had open holes in the pool deep end since November, and water still leaking. The Hot tub has the three jets returning hot water. The other ones if you turn on just plows air and bubbles no force at all, and sand. The pool has the two heaters only one works and they are house heaters not commercial.
I would think not paying your amenity is a good idea, but if a large number of residents put them in a escrow account they would take notice. With over a thousand signatures now things are growing fast. Wake up smell the roses. The people that do hi neighbor keep on managements side print two pages on what they have done. Change a faucet, well it was leaking for two months before you changed it. The place has some years of use. That's there job to keep it up that's what we pay for. Look at the butcher job the did trimming the trees at the front gate. Black top put down already coming up and getting in peoples yards. Some of you need to know a house in here just sold for $20,000.00, A Villa $57,000.00 We have over 20 homes in foreclosure. Not a pretty sight. Speak up , Stand up & Be counted, take our community back. Sign the pititions.
We will be in the National News Soon you can bet on it - - - - will hit the fan soon
Fraud - Elder Abuse- Disapproval of funds

2/10/2011   Articles of Incorporation AND By Laws...these strongly interrelate and are important one to the other.
That is a good link.  It is the same one I used in sending out the information on 2/8.  It is important that you actually start on  page 28 because it is the Articles of Incorporation.  It is important to know WHO is being incorporated....which is Spruce Creek South Homeowners' Association (not any other) and then the ByLaws start on page 32.  Whenever you see the term 'corporation', we know that the Articles set forth that the corporation is the HOA and  not some Golf or Recreation group.  Article IV Duration of the Articles says that this corporation has perpetual existence.  Very important.
Are we having fun yet?

2/10/2011   In order to simplify your search for the HOA by laws follow my link in the previous email and read pages 32-43.  These are the pages that are titled "BYLAWS OF SPRUCE CREEK SOUTH HOMEOWNERS ASSOCIATION INC".

2/10/2011  After searching for my "Welcome" Package to review the Deed Restrictions and the Spruce Creek South HOA I was disappointed to find only the restrictions. I followed the trail to the Marion County Clerk of the Courts and found this recorded document.  It is a recorded document setting out the provisions of Spruce Creek South Homeowners Association. It is very long and instead of copying it here I am providing the link.
 
 
In order to read each page you must select the page numbers at the top. An easier method of reading the document is to view it as a PDF. Select view pdf upper left corner.  Very enlightening.  I'm still reading.
If you want to sign the petition to receive the rights set out in this document email me.  Diane Kirk  bidikirk@gmail.com

2/10/2011   I, for one,  am more interested in how my amenity fees are used than in lowering them.   Example-----  Pay $135 and $125 goes to KK and $5 to the community or pay $105 and $100 goes to KK and $5 to the community.  We loose both ways.   Lets get the money back into the community for repairs/replacing/improving then see if lowering them is feasible

2/9/2010  Please publish my submission regarding the lien that have been filed against SCS residents during 2010.  Include my email address.  Thank you. 

2/9/2011   IN RESPONSE TO the person who asked it they should stop paying their amenity fees, please read on. 
     Marion County Official Records show that last year Spruce Creek Recreation, LL (Lienor) filed 23 liens against SCS homeowners for failure to pay amenity fees.  One lien reads:
     "
In accordance with the laws of the State of Florida and the Homeowners' Association's documents,  the Lienor has provided maintenance and other services for the following described real property located in Marion County, FL:  [name withheld to protect homeowner's privacy].....The amount now due through May 1, 2010 is $1,106.32, which is immediately due and payable, plus interest, late fees, costs, and attorney's fees as provided in the Homeowners' documents and Florida Statutes.  Assessments continue to accrue at the rate of $138.29 on the 1st day of each month.  This lien secures the above amount as well as any amounts and assessments that may accrue in the future."
     In a recent conversation with Jim Day, authorized agent for Spruce Creek Recreation, LLC, to whom we pay our amenity fees, he said: "Spruce Creek South has NO HOMEOWNER'S ASSOCIATION."
     It seems like a homeowner's association exists when it is convenient for management in the filing of a lien, but we don't really have one when it comes to management of our community and how our fees are spent or into whose pocket they end up.   SPRUCE CREEK RESIDENTS HAVE NO VOICE.    keithjudith@ymail.com

 
2/10/2011  Residents of SCS:
     The information about SCS owners can be verified in two ways.  One is to go to sunbiz.org which will take you to a State of Florida site where businesses must register by law.  If you look at the left column it will say look up a business.  Click on that.  Then use the first section to verify business that are either corporations or LLC's (Limited Liability Companies).  When you click on verify by name, you will be able to enter any of the following and find out who the registered agent is for all of them:  Spruce Creek Golf LLC  or  Spruce Creek Recreation LLC  or Spruce Creek Real Estate  or Heritage Management Corp.  They all indicate Kenneth B. Kirkpatrick, the man that is raping our community of it's dignity.  We are an aging community and he is taking great advantage of the fact that many residents are so involved with just staying on top of their own health problems that he knows we can be easily abused.  And that is what is happening.  You have heard of child abuse and spousal abuse.  Well welcome to the world of ELDER ABUSE!!!!!!!   And I refuse to be a part of it.  So I signed the petition being circulated and I will fight for my rights.  How about you?  Even if you don't use many of the facilities within our community, isn't it right and just that they be maintained, replaced and updated?  We are becoming a slum.  Who will want to buy our properties if we look shoddy???  KeithJudith@ymail.com  Please publish my E-address.  Thank you 

2/9/2011   In reference to our 'deed restrictions'.  I, too, have read and re-read the restrictions.  It is, however, only a part of the recorded documents (Marion County Clerk of Courts, public record).  There are important Articles of Incorporation and BY LAWS for Spruce Creek South.  Many residents have never read the Articles of Incorporation and By Laws which govern this community.  I called the lawyers in Tallahassee who represent FREC (Florida Real Estate Commission) and he said it is very important that the residents read the By Laws....it is these By Laws which set up how the Homeowners Association is to be run.  IT IS a voting entity!!  Read these Articles of Incorporation and BY LAWS.  When you buy into a PUD, it does not necessarily mean that residents have a homeowners assocation; however, Spruce Creek South, DOES.  Administration should ALWAYS provide these Articles of Incorporation and By Laws along with Deed Restrictions.  If you have a copy of the Deed Restrictions, you will note the Book # 1583 and begins with Page 241, ending on Page 267However, same Book #1583 beginning with  Page 268  you will find the Articles of Incorporation and By Laws which continue through Page 283.  Article IV Duration state the corporation (Spruce Creek South Homeowners' Association, Inc. ' see Article I Name) shall have perpetual existence.  The only way a HOA can be dissolved is by a vote of 90% of the membership according to  Florida Laws governing HOAs.

Spruce Creek South Homeowners' Association, Inc. is still 'alive' but NOT 'well' as it has never been set up according to the By Laws.  SCS HOA has been filed for a number of years (the last being March 2, 2010) with the Secretary of State as a Not-For-Profit Corporation, Document #N32373, by Kenneth B. Kirpatrick and is listed as the only officer of director.  This is not in agreement with the the By Laws!)...3 Directors and 4 Officers; there can be more Directors but never less!

 No, we are not a condominium community.  The big difference is that condominiums have common walls, roofs, and foundations.  Therefore, there is one general insurance policy which covers the entire complex rather than each resident paying a separate insurance policy; buildings painted all at once; roof replacement all at one time, entire building maintenance.  However, the HOA for these complexes are set up with Directors and Officers just as in communities such as ours.  Same rules for meeting, voting rights, annual financial reports, and preservation of all recorded minutes of all meetings.  I know that for a fact because I was a Secretary in a Condominium complex in the State of Florida

 Get a copy  of our Articles of Incorporation and By Laws and read and re-read!!  Administration should  have a copy of these and provide them to you!   If not, they are Public Record and can be obtained from the Marion County Clerk of Court records.

If you have a computer, go to www.heritagemanagement.net, click on 'Contact Us' and you will see a list showing Ken Kirkpatrick, President; Randy Bliss, Commercial Sales Division; James Day, Property Management Division; Joe Fante, Controller.

I would encourage every resident to at least walk through the spa, 'fitness center, pool, etc.  One of these days you may have to sell your  home and have to show these to potential buyers and they will be very turned off by the condition of these amenities; I have had that happen twice already.  It only takes a visual inspection to determine these are in deplorable condition for such a community.....no engineering degree needed to figure that out!

Sorry, haven't heard complaints from Stonecrest or the Villages such as the ones here.  Del Webb's Spruce Creek has an extraordinary HOA....managed by the Homeowners....according to our BY LAWS!  No reason why it couldn't be done here!  Just need residents and management who care!

One day you will wish you had!!


2/8/2011   Yes, I am a resident. No, I am not in any way connected with management.
Just a person that has read and reread our deed restrictions. Do I have questions, yes, plenty.
Being here just five years, I pay among the highest fees. Never knew there were many levels until I talked with a neighbor. The real estate person just quoted the fee, never said a thing about the levels. I spoke with our attorney, She said, "Do you have a copy of the covenants, READ THEM, you are bound by them!"
We do not use the pool, spa, exercise room or par-take of any of the other sport things, so can not comment on them. Just go to the store and doctors. The people in the Villages have their complaints too as do StoneCrest residents.
Most what I say is quoted from the covenants.
The person disclosing the mortgage payments to Erp seems creditable and seems to have done his or her research. Ken having ownership of the common areas and owning the management company is questionable.  


2/8/2011   OURSCS ASK THE BELOW  EMAIL  ------Are you a resident of SCS communiy ???????? Are you connected in any way with the management?????  ANSWER IS ABOVE

2/8/2011   Please, please, writers to this site, take out your copy of the “Protective Deed Restrictions and Covenants for Spruce Creek South.”
 
Manyresidents probably never have read them. However, many were pleased years ago when their salesman told you, “We have restrictions here. ” Most replied, “That’s good, that’s why we are moving here.”  Yet today, if they get a violation notice, they claim they are being picked upon. Recently a record amount of violations have been cited compared to those cited in the past.
 
Folks, you live in a PUD. “A Planned Unit Development.” We are NOT a condominium. As a homeowner you do not own any part of the common grounds. You have an easement to use the common areas. This means you have a right to USE and ENJOY them. This right is granted by the developer.
 
The developer has the right to amend, modify or terminate at any time rules and regulations for the use of the common areas.
 
Assessments levied by the developer shall be used in the SOLE and ABSOLUTE discretion of the developer for the purpose of promoting the recreation, health, safety and welfare of the residents of SCS, including, BUT NOT LIMITED TO, reasonable profit for the developer or its assigns.
 
Home Owners Association at SCS means an organization to PROVIDE for the recreational, social and cultural activities at SCS. IT IS NOT A VOTING ENTITY.
 
In simple terms, residents own their homes and lot and the right of entrance and egress to such lot and home. Owners must conform to the restrictions that “follow the deed.”
 
It is my understanding the new owner of the common areas is trying to reach out to everyone at SCS in order to update, modify, or improve these “old” Covenants for the betterment of the community.
 
Please, if you have an idea that might do this, to improve our community, bring it up in a civil fashion.
 
On the other hand if you have an ax to grind, please base your opinion on facts and not rumors, or gossip.
 
Twenty-five years from now most of us will be gone. SCS will still be here. (Yes, home values here as elsewhere will improve in time.) Many of these future residents will be dissatisfied with the same things that this and other deed restricted communities have debated for decades.
 
Thank You
Note: Developer also means his or her Assigns.


2/7/2011   To the 17 year resident who's so happy here in SCS
When you compose your letter to the lawyers, ask them if they will draw up a waiver for you to sign indicating that you do not wish to be part of any improvements or benefits that may arise from this current action by some here in SCS.
 
If you are happy with the way Sonny Erp has treated you in the past and are currently happy under the dictatorship of Heritage Management and Ken Kirkpatrick, then by all means enjoy yourself.

2/7/2011   I can understand the frustrations and confusion of many of the residents in SCS who apparently are not aware of their rights (legally and recorded in the official records of Marion County and the State of Florida).  I have been shocked by the number of residents who have lived here a decade or two and have NEVER received a copy of the yearly financial reports reflecting how their monies are being spent.....and never even asked for one!!  I have lived in Florida nearly 40 years and have Never seen the astrocities of what is going on in here.  The  only reason a resident may 'have never heard of such doings' might just be that they are not aware of the rights they have as a homeowner in this 55+ community.  It is most likely that they have never even been given a copy of the Articles of Incorporation and BY LAWS of this community which is as all...or MORE...important than the "Rules and Regulations".  Ask for it!!  You should be extremely grateful that there are those within this community who DO know and who ARE questioning what is going on.....trust me, you will one day thank these people in putting themselves 'out there' to reclaim our rights as homeowners and cleaning up this community. 

 Someone has written an earlier email indicating the condition of the unfit 'fitness center' in this community. It is an 'accident waiting to happen'.  ANd I can assure you that if there is an accident in that unfit center that causes physical trauma/injury or an injury resulting in Death.....each and every one of the homeowners will be drawn into a lawsuit.......I'll guarantee you that the 'management' company will NOT go it alone.   All of a sudden, 'they' will decide we have rights....and responsibilities.....in this community, even though we have been denied those rights or a voice in our community.  You have been denied every right as a homeowner (governed by the ByLaws of the community), with no vote, no meetings, not even an annual financial report showing you how 'they' are spending your $$....yet, 'they' will make sure you get drawn into a lawsuit based on physical injury/fatality.....and not because of anything you have done....but what "THEY" have done.   You'll be paying big $$$$$$too!   Better start thinking on these things!!!  More importantly, would you want to be responsible for causing injury or death to one of your neighbors!!!  Apparently 'they' don't care, but I trust we, the homeowners, DO care!!  

As far as anyone who is unhappy in here or "think it is better else were, then go!"....trust me, there has been.  In the form of leaving empty homes facing foreclosure.....which is NOT a good thing for our community!  This works 2 ways....for those of you who are unhappy that there are  those who are willing to take the effort and work toward reclaiming our rights and a better community, then don't get in their way, just go!....find a place where people don't care.  Be thankful for those who DO care!  Trust me, you'll be grateful when you figure out what is going on!!

No, I don't care WHO 'they' pay their mortgage to, either.  However, I DO care where my over-priced 'amenities' fee is deposited.   I do not want my $$going into an account for 'Spruce Creek Recreation' ... this same Spruce Creek Recreation, LLC...has been registered by 'the one and the same' as a 55+ and Older Community with the State of Florida Commission on Human Realtions.  If you want to pay out dollars every month to a community you don't even live in, that's your choice.....but I am sure not going to.....I am still in my right mind!  Do you live in Spruce Creek Recreation, LLC, 55+ community, or do you live in Spruce Creek South??????????  Do you even know what account your $$are being deposited in?  Might be smart to find out....  Suggest you read an earlier email about the truth of this fictitious community.  Check it out yourself!  It's all public record.

Check your most recent Marion County Telephone directory, the Business Listings section  and you will find the phone number of this fictitious 55+ Community, Spruce Creek Rec LLC,  as 347-7199.  Our Front Gate!!   Red flags, folks!   Hello, is anybody 'in there'??

There has been a severe exploitation of the elderly/seniors in this community.....not only by the 'managing' folks but also by the brokerage firm (and parties) who have been infusing their own 'rules and regulations' to their own benefit while greatly sending the value of our nice homes in a downward spiral out of control.  The relationship between the president of the 'management company' and this brokerage firm is definitely a 'conflict of interest'.  This can be confirmed by talking with an attorney (free) from the Florida Real Estate Commission.  This is a great infraction and should be reported to the Florida Real Estate Commission.  

Having a meeting of over 1500 folks all at one time would be utter chaos....until what time those who 'have heard of such things' can pull together the numerous infractions and present it to those who are willing to listen and educate themselves into those legal and lawful documents which protect us.

Thanks to those who have been willing to extend themselves to protect our community and homes.  Keep in mind that it is also very difficult to lead the blind or the deaf!!!



2/7/2011  The attorney letter was written "on behalf" of all SCS residents as opposed to any one person or group.  We seek benefits for the whole community.
    My husband and I were part of a class action lawsuit against Enron and we signed nothing.  Just being a preferred stock holder enjoined us to that suit.  Being a resident of SCS does the same.
   However, we would like you to support our efforts to have a more desirable community. A few brave souls started this effort and I applaud them for their courage not to sit back and take the abuse we have experienced from management.  That's why I jumped on board. 
   It was stated Stonecrest home construction is not as good as ours but they have three swimming pools, state of the art exercise equipment, pickleball courts, a restaurant, a large reserve fund, etc. and their fees are only $104 per month for those amenities. 
   Yes, every business is in business to make a profit.  But read our deed restrictions regarding how much profit.  Our homes are declining in value because management has priced us out of the market putting more than a 'reasonable profit' in their pockets.  I think we must advocate for ourselves, because management surely will not. Please join us. 


2/7/2011  FW: Village people///really nice people those Morse's//they need


2/7/2011   For those interested in canceling the automatic maintenance fee debit from your checking account, attached is a  sample letter directed to SC Recreation LLC requesting termination of the agreement. 
 
The original agreement states with respect to the automatic debits,"This authority is to remain in full force and effect until Spruce Creek Recreation, LLC has received written notification from me of its termination no less than 14 days prior to effective date of termination of service and in such manner as to afford Spruce Creek Recreation, LLC and the financial institution named above a reasonable opportunity to act on it." 
 
I also delivered a copy to the Administration office and I had them acknowledge receipt upon my copy of the letter.
Spruce Creek Recreation, LLC
c/o Heritage Management Corp
PO Box 2495
Ocala, FL 34478
Re: ___________________ (Name)
Automatic Debits
Maintenance Fee
Gentlemen:
Please be advised that we no longer wish to have the monthly maintenance fee automatically deducted from our checking account.
Please accept this letter as written notification to terminate the agreement I/we previously signed allowing this bank debit. We are requesting termination to be effective March 1, 2011 which should provide sufficient time for you to provide us with the necessary coupons to pay the March 2011 maintenance fee.


2/7/2011   Didn't Heritage Management get kicked out of Stonecrest?

2/7/2011   This is in response to the more than 17 year resident who seems to think that everything is wonderful here!  It's time you get your head out of the sand or where ever else it might be deeply imbedded!  How can you compare the facilities here to Stonecrest?
 
 
    Their exercise facility is state of art compared to ours.  Does their pool leak?  Do their tennis courts have cracks that make it dangerous to play on!  You stated that they paid for some of their facilities.  Why don't you explain your vague statement.  Do you know how much their monthly amenities are compared to ours?  Do you know how much of our amenities are put back into the community and how much goes elsewhere?  When you write to the attorney make sure you ask all of the above questions.
 
    I have been here 19 years and if you haven't noticed the deterioration of this community, especially in the past 3 years, then perhaps your eyes are failing you!
 
    Quite frankly we don't need the support of those few who think this is Heaven and hopefully if and when this community sees some major improvements you will be ignored so you can continue to live in total darkness!


2/6/2011    After reading the lawyers letter I just have one cvomment.  What does he mean when he says "on behalf of ALL Spruce Creek residents?  I have not been invited to one of your meetings, yet a neighbor I mine was personally asked.  I never even heard of your group before a month ago.  How many members do you have?  How long have they lived here?  I have been here over 17 years and have never heard of such doings.  I hope you don't expect "ALL of us" to pay for the lawyers.
 
What different does it make who they pay their mortgage too?  If you were to buy a business and had to carry a mortgage would you not use the money you make from the business to pay this?  Think about it.
 
It's awful funny no one is publishing their names that belong.  Who is the ring leader to all of this?  Please, in the future, do no state you are representing all of this.  I have all intention of writing to your lawyer.  He better have the names of all residents in this development, with their signatures!
 
If you think it is better else were, then go!  I worked at Stonecrest, in the construction office, for seven years.  You think they have it better then us.  I know how thy built those houses.  They also have a lot of extra's because they paid out iof pocket for it!

2/5/2011       I SAY STAND UP AND BE COUNTED, WHEN ONE OF YOUR NEIGHBORS KNOCKS ON YOUR DOOR AND YOUR MAD AS HELL AND NOT GONNA TAKE IT ANYMORE JOIN THEM TO TAKE ACTION ON THIS PATHETIC SITUATION HERE IN SPRUCE CREEK SOUTH.
 
WE'RE TIRED OF BEING CINDERELLA WITHOUT THE GLASS SLIPPER, WE WANT TO BE LIKE OUR SISTER COMMUNITIES WHO HAVE STATE OF THE ART FACILITIES, WORKOUT ROOMS THAT DON'T SAY USE AT YOUR OWN RISK, TENNIS COURTS WITHOUT CRATERS IN THEM, PICKLE BALL COURTS, WORKING HOT TUBS, NON LEAKING POOLS WITH NEW MARCITING, AND HOW BOUT A GREAT RESTURANT SO THE OLDER FOLK DON'T HAVE TO TRAVEL OUTSIDE THE COMMUNITY AT NIGHT FOR A BITE AND A COCKTAIL.
 
IS THAT ASKING TO MUCH FOR THE MANAGEMENTS HERE TO DO. AFTER ALL NO MAJOR RENOVATION HAS TAKEN PLACE SINCE DAY ONE. HOW CAN I TELL? WELL THE DECOR OF ALL THE FACILITIES IS SCREAMING 1990'S NOW LETS SEE NOW HOW MANY YEARS AGO WAS THAT???
 
WE NEED CHANGE AND NEED IT NOW!!! EVER WONDER WHY WE AREN'T SPEAKING THE KINGS ENGLISH? WELL THEY HAD THE TEA PARTY REVOLUTION, AND WHAT WAS THAT ABOUT, "TAXATION WITHOUT REPRESENTATION" SOUNDS KINDA FAMILIAR DOESN'T IT.

2/4/2011   Good evening, friends and neighbors:  First of all, let me apologize that I indicated LLC means Limited Liability Corporation......should have said 'Company'.  However, that is NOT the issue.  It is  important that we understand that LLC means that should the company have a lawsuit placed upon it or should it go bankrupt, the personal home and personal possessions of the Owner(s) of this company would not be seized; only those assets of the LLC.  It does not give the company any extra control over anything else.

My concern, In order to reduce any unnecessary anxiety to our residents, Spruce Creek Golf, Inc. did NOT purchase the 'community'.  What they purchased (or are purchasing) are those certain assets which were deeded to Spruce Creek Development; those assets which include any lots and/or parcels of land on which the golf course, pro shop, clubhouse, restaurant, community building, old administration building which houses the 'golf college', tennis courts, pool, etc. etc., vacant lots; any equipment belonging to Spruce Creek Development which was used in maintenance of the golf course, etc.  Each of us purchased lots within the  platted subdivision called Spruce Creek South as recorded with the Clerk of Courts for Marion County.  The 'community' is OURS also, the portions of the community on which our individual homes are built.....and for which each of us received the recorded Warranty Deed with OUR respective names as the owners of these parcels.  The $7,000,000+ that was paid/being paid to Spruce Creek Development were NOT for OUR parcels but only those that were owned by the development company and recorded as such in the Marion County records.  To purport otherwise adds confusion.

Our greatest concern should be that as each of us made purchases in this community, it was disclosed to us that we were required to join the Homeowners Association, that the Homeowners Association FEE was $xxx (depending on the amount at the time of purchase),  to be paid monthly; and recently an amount above the HOA fee as a 'maintenance' fee of $10 for roads.

The By Laws at the time this development started were recorded as well; By Laws which set forth how this homeowners association was to be set up and run.  These ByLaws were meant to guarantee that each lot owner would have the right to vote on how the funds would be spent, who would serve on the Board (3 Directors) and  4 Officers who would be nominated and voted upon by the Homeowners.  There were to be meetings and an annual financial report mailed out to each and every homeowner every year!  We all know that has not happened.  In addition our monthly fee should be made out to the Spruce Creek South Homeowners Association and deposited into an account that is NOT co-mingled with any funds in any other bank account set up by any property management company or any other organization!

Go back to my previous email indicating that I have been instructed to make my check out to 'Spruce Creek Recreation.....and that Spruce Creek Recreation LLC has been recorded as a 55+ Community with the Florida Commission on Human Relations.  I DO not live in that community ....and neither do any of you.....so I have no intentions of writing out a check to a factitious community and spent by whoever claims that such a community exists.  That is my position.

I did insist on getting a copy of the annual financial statement for these past 2 years.....you have the right to do so, too, and administration canNOT deny providing this to you. (I also encourage you to inquire when the 2010 annual report is available and INSIST upon receiving a copy.)  There are 2 financial reports:  1)  Spruce Creek Recreation, Operating Account which discloses over $2.4M received....that amount being what should be the homeowners fee   2) Spruce Creek Homeowners Association financial report which shows only the total amount of the $10 month road assessment fee!  These 2 financial reports should be just the opposite....the $2.4M deposited in a Spruce Creek Homeowners Association account and the $10/mo road assessment fee in a separate account for maintenance.  There are  multiple issues that need to be addressed in this community.

But most importantly remember, this is OUR community, collectively, and there is No one single person or entity who should be taking away personal rights in SCS. 

We have been 'endowed with certain unalienable rights"  ...  couldn't resist !  :-)  Keep in mind that sense of humor is a great survival tool.....and will get us through those 'rough spots' in life.  Let's jointly work together and take back those rights that we have in order to protect the value of OUR community and our homes!  We have all worked hard over the years to be able to live in peace in our homes and not be violated.  What we are experiencing is definitely 'exploitation of seniors and/or the elderly'.  That is dispicable!

Enjoy a great evening!  Tomorrow is another day.



2/5/2011   For those who have asked and for those who want to know how to help this move forward, there are presently numerous copies of a petition circulating throughout the community. Locate one, it isn't hard, and sign your name

2/3/2011  We are Americans and FREE
We are Americans and FREE , Democratic  type of government.       BUT , are we in SCS ????   for sure not here ?????        Maybe we should be like Egypt , an PROTEST ,      ........PLUS YEMEN     , etc.         looking at this ............. 1 months of holding back ALL ADMENDITY FEEs ( would only take 1/2 of residents to do so )  WAKE up KK .............. Surely by the 2nd month when he cannot pay Sonny...........  WHAT MIGHT / COULD HAPPEN . Hum .........Would like comments as
not against the owner , but we have rights , an want , need our rights.  And no attempts as of yet made by him.    Moved here for NO POLITICS  , but  ?????????????????


2/3/2011 Amenity fees
Can we hold back our amenity fee until the new H.O.A. takes over?????

2/3/2011 Amenity$s
Given this news, I feel everyone here in SCS should be deeply concerned over the reported use of our monthly amenity payments however, before everyone gets all worked up over this, I know I am, the first question that has to be asked and answered is…is this use of the amenity monies legal and allowed under Florida law?

If it is, then there is nothing that can be done about it except suck it up and move on to the next issue. We all know there are plenty of issues here to be dealt with.

If it is not legal, then immediate legal action against Ken Kirkpatrick and Sonny Erp would be the next smart move.
The group meeting with management and their lawyers should already know this and it should be addressed by "our" lawyers.
This is something that should be forwarded to the State AG's office for review. I'm sure there is a division for such violations, if one does exist.