E-MAILS ARE CONTINUED ON PAGE 4
8/4/2011 To all of you who had to conform to the original requirement of post lamp fixtures and had to replace your replacements with the original ones provided by the developer. This has now gone by the wayside per XXX XXX, our illustrious property manager, who changes the deed restrictions at will. Drive by 17701 SE 107th Ct and see what he has approved. So much for ARB approval of exterior changes which never went into management for this fixture!
9/22/2011 To the homeowner who needs to be enlightened and any others: I respectfullly ask, if you had read all the postings for over the 5-6 months, you would have answers to each and every question. I will answer the questions one at a time so that each reader can absorb the depth of this issue.
Were is the HOA? That's the problem....We have been denied participation in an HOA.
1. When you (and I) sought to purchase a home in here, we were given (or should have been given) a Customer Synopsis from the Realtor.
This Synopsis reflects the 'Listing' and shows a picture of the home as well as very pertinent information; i.e. size of home, property legal description, taxes, lot size, construction, etc. etc.
Also (watch this!): Under 'Community Information' you will read a line regarding HOA
"HOA/Comm Assn: Required HOA Fee: $146.00 HOA Payment Schedule: Monthly Mo.Maint $(addition to HOA): $10.00"
It is clearly represented that there is an HOA and that there IS an HOA fee. When people buy into this community, this is exactly what they expect...a Homeowners Association...because it is represented to be so! If you have not seen any of these Customer Synopsis for a home/listing in SCS, contact your personal Realtor (he/she will know what you are asking for). Or better yet, visit Ken Kirkpatrick's own real estate office (He is the Broker) and ask for one there. The office as you may already know is Spruce Creek Realty located just outside our back gate.
Think about this piece of information. Answer to Question #2 coming up!
9/22/2011 Where is the board of directors? No, there is no Board. There is only Officers; started with only one (KK) and only progressed to three in 2011.
The following info will also support the fact that there is (or purported to be) a Spruce Creek South Homeowners Association.
Each year Kenneth Kirkpatrick files a 'XXXX(year) Not-For-Profit Corporation Annual Report' with the Secretary of State.
3/4/2008 Filed this report w/Secretary of State: Directors: Harvey Erp and Brenda Erp President (of HOA): Kenneth Kirkpatrick
3/19/2009 Filed report: No Directors President (only): KK
3/02/2010 Filed report: No Directors President (only): KK
3/10/2011 Filed report: No Directors Officers: President: KK Secretary: James Day Treasurer: Norbert (Joe) Fante, Jr.
As you are aware, the Secretary and Treasurer are 'officers' in KK's Hertiage Management; James Day, Property Management Division; Joe Fante, Controller.
Thre is no Vice President as directed by the ByLaws of the SCS HOA; and none of the Officers are homeowners in SCS.
The Articles of Incorporation which incorporated/set up the SCS HOA says in Article VIII that the number of directors "shall nver be less than three.' So = no Directors. Against the actual Articles which incorporated this HOA (which is still being registered with the Secretary of State by Mr. KK) Article IV. Duration (of the SCS HOA) says 'corporation shall have perpetual existence.
Therefore, why is KK registering the HOA with the State every year? Is it because it needs to be registered as such in order to collect the HOA fees which are required?
9/22/2011 'Who keeps the minutes of the meeting?"
According to the recorded "Bylaws Of Spruce Creek South Homeowners' Association, Inc.", Article VII. Officers, Section 7. Secretary (page 9) indicates that the Secretary shall (1)......'keep the minutes of the proceedings"...........lengthy....... all are important but look at (5)....."exhibit to any Director....or their agents....or any person or agency authorized by law to inspect them.....these Bylaws, the Articles of Incorporation, the membership book, the minutes of any meeting, and other records of the Association. "
(Again, when you see 'Association', keep in mind that KK records that there IS a SCS HOA annually with the Florida Secretary of State)
One of many issues: We, as members (homeowners/lot owners), are being denied those rights as set forth by The Articles of Incorporation as well as the accompanying/related ByLaws of the SCS HOA. Every single homeowner should not only have a copy of the Deed Restrictions but the recorded documents that legally 'incorporated' this SCS HOA (The Articles) as well as the 'governing' ByLaws for this same SCS HOA.
It is also important to note in those very same Deed Restrictions (which management has no problem giving us as they send out the Security Department to drive around and check on!), those same documents on pages 3 and 4 indicate what constitutes the 'recreation area' and very clearly excludes "any golf course or golf course amenities" from being maintained from the HOA Fees which we are paying!
This has all been expounded upon many times before but got blown around, with still no understanding of many. It is very quite simple and plain English that needs no 'expert' explanation.
9/22/2011 "When do they meet"?
"When is the annual HOA meetings? ByLaws, Article IV. Meetings of Members (again, Homeowners are virtually members just by the fact of ownership in SCS)
Section 1. Annual Meetings. "...shall be held on the 1st Monday in the month of June in every year, beginning with the year 1989....."
Keep in mind that there has been no recorded change of the ByLaws indicating a different date. However, if we can get this HOA straightened out so that we, as homeowners and members, can restore our rights, this Article can be rewritten and adopted by 90% of the members" (See Article XI Amendments, Section 1. That authority to change the ByLaws is given to the Members).
It would appear that perhaps the 1st of February of March may work better considering that most of the Homeowners/Members have travelled 'up North' for the summer.
Section 2. Special Meetings. "Special meetings of the members, for any purpose or purposes may be calld by the President or by the Board of Directors (non-existent at this time!), and shall be called by the President at the request of not less than 51% of the membership (that's us!).
Hmmmmmm Are we FAR from the way this 'required' and 'recorded w/Secretary of State' SCS HOA is supposed to function???
I DO think so!!!!
Terribly deceived! I really don't think this is over yet.....
9/22/2011 One final notation: If we are to live and operate under the Deed Restrictions of this community (which we are reminded monthly..and more often), then we need to realize:
The Protective Deed Restrictions and Covenants for Spruce Creek South speak continually of not only the Director(s) (of which there are none at this time)...speak of "Association", "Member"....we need to know just what those two words mean....which is why we need to see that there is IN FACT an "Association" talked about here.....So we locate the Articles of Incorporation which legally incorporated this SCS HOA.
Then....how is this Corporation supposed to be governed......Thus the ByLaws. And upon this is built the Deed Restrictions.
The Deed Restrictions, in fact, Article I Definitions, paragraph (d) states "Articles of Incorporation' and "By-Laws" shall mean the Articles of Incorporation and By-Laws of Spruce Creek South Homeowners' Association, Inc. which are attached as Exhibits "A"and "B" respectively. You should have received a copy of both Exhibit A and B along with the Deed Restrictions!!
You should be able to pick up the 'entire packet' at the Management Office here at SCS. I would insist upon it.....
Hope this has "enlightened me" posting of 9/21/2011
Cheers! And God Bless!
9/21/2011 If we have a HOA at SCS where is it? Where is the board of directors? Who keeps the minutes of the meetings? When do they meet? When is the annual HOA meeting? Please enlighten me!
9/17/2011 The word going around is that there has been a burglary with theft from an unlocked home on SE 96th Ct.
It was said that this was in "the paper" but I don't know which paper. I found nothing about this in the Ocala paper.
I got this second hand and those whom I have spoken with know nothing about it.
Anyone have any details or know anything about this?
9/14/2011 As far as the statement 'we are not a condominium whereby we, the homeowners, would have a board and yearly budget, etc"...no, we are not a condominium BUT we do have a HOA (just as condo communities do) which entitles single family homeowners to have a board, yearly budget, meetings and so forth. I owned 2 condominiums in a complex and was the Secretary on the Board of Directors for a number of years .. only difference is that the Condos all fall under one large insurance premium which covers each and every condo unit as a whole. Condo owners basically own just the walls around them (and they are even shared with the adjoining unit). Roofs, foundation and land they sit on is owned by all condo/homeowners. Also maintenance is done on entire complex or sets of buildings at one time....so it is a totally different animal in that aspect. The HOAs are extremely similar in the way they are set up. Sorry....no saving graces in the 'condominium' perpective.
Those of you who are not familiar or educated in Florida Real Estate Core Law and the Broker/Realtor Code of Ethics should consider taking the entire Real State course if for nothing else, the knowledge. Might be amazed how little the majority of the public really understand. I originally took the course in 1983 for that knowledge due to some very questionable practices of real estate agents and brokerages. SCS homeowners are getting Sxxxxxx Big Time!!
Incidently, did no one read the Articles and Bylaws to see that there is, in fact, over a dozen Articles in place that give us that right to have a Board, yearly budget meetings, annual meetings (and more),etc etc. Hmmm. Are we living in 'Sleeping Harbor' ?????
9/14/2011 To the responder dated 9/10/2011. Thanks for the attempt but little foundation to it; that is why we are in the mess we are in here at SCS. Don't think anyone was asking for a law that states "Ken can do this or that." The BYLAWS of this community, however, do protect the HOA, of which every homeowner in here is a member, by the recording of these ByLaws. Mr. K is breaking these same ByLaws.
Article XI Section 1 gives power of the Members (homeowners) to amend, repeal or add ByLaws. ... not Mr. KK. Same Article, Section 2 power of the Board of Directors to amend Bylaws is "subject to the limitations of the Articles of Incorporation, these Bylaws and the not-for-profit laws of the State of Florida" That ties in with the Articles of Incorporation...which is for Spruce Creek Homeowners Association which is a not-for-profit corporation.......that nor-for-profit corporation which is entitled to collect the fees and disperse the fees. KK's various organizations are 'for-profit' corporations and need to make profit the same way other investors/corporations do. Our fees are being spent for the indebtedness of a 'for-profit' corporation!!
The proof of existence for the SCS HOA (a not-for-profit corporation) is evidenced by the very fact that KK records this SCS HOA with the State of Florida each and every year.
Interesting to note that the Articles of Incorporation was executed by a registered agent, Jonathan S. Dean. Also many legal instruments prepared and recorded by the law firm of Dean and Dean, Ocala, over the years.
Big conflict of interest here, as far as the attempts to assist the homeowners who had the grievance. Little wonder that it has been considered, as some same, "Lost". Any 'vandetta' won't work in a Court of Law; could come back and 'bite ya'! ....
9/10/3011 To the writer that inquired about a specific law.
There is no law as such that states, " Ken has the right to use his fees as he sees fit".
However, there is not a law that says he cannot do this.
The problem is, he should be honest and just say my profit is such and such and stop
calling it SCS debt reduction.
He has every right to collect fees from us and spend those fees as he
wishes. He is not breaking any laws. It might be unethical, but yes he can do it.
It is the lack of laws that allow this.
Unfortunately we are not a condominium whereby we, the home owners, would have a board
and yearly budget, annual meetings and so forth. Ken uses advisors, they can advise, but have
no authority to say how funds will be spent.
Ken has found a little gold mine here and he is digging all the gold he can. As long as most of the
landscaping in the public areas and roads are half decent, most residents do not care about the
pool, tennis courts, community center, etc.
SCS is a business entity. It is not run by the people for the people, never has.
As far as covenants, They were written for the builder and to whom ever he sold-out. They can
be changed and selectively enforced at will by Ken. Note the fee structure, he does not honor
the covenants that say in effect each lot owner will pay the same fee. However you will be cited
for other infractions. This looks good for him in the Hi-Neighbor each month. He will tell you he
inherited the fee problem. It should be the number one thing on his to-do list.
Yes, much of our fees do not go directly to our benefit, they go to Kens benefit.
There oughta-be a law!!!
9/7/2011 MARION COUNTY DELEGATION MEETING
The Marion County delegation wants input from you .
The MC legislative delegation will take public testimony on issues facing the state of FL and the consideration of local bills from 1 to 6 p.m. on Sept 27 at the College of Central FL, Klein Center, 3001 SW College Rd, Ocala.
To be placed on agenda, contact Rep Dennis Baxley's office by Sept 12 by calling 732-1313 or e-mailing Lorri.Silvera@myfloridahouse.gov
Important issues in changes to Homeowners Association Legislation will be discussed.
9/7/2011 I have seen a couple statements that imply that there IS a law which states that the residents' amenity fees can be used to pay the mortgage payments......I would like to see or be directed on where I can see that law....please. Those making the statements must have seen it somewhere??
Does this mean that our ByLaws are dead and/or meaningless??
I personally believe that a big contributor to 'losing the case' was that there was a direct conflict of interest from relationships, past or present, between the management company/partners and the attorneys that were hired to represent the residents....
8/13/2011 Jerry Letney should have the complete list of signatures!
8/12/2011 If you have, or know who has the 3000 signatures, I would like to have a copy. The Fat Lady singing may not be over.
8/11/2011 I also walked the streets and knocked on doors to get signatures so don't come off so self righteous.
I also listened to the uninformed residents (sheeple) and those who said they are very happy here and don't want any change at all. This are mostly the ones who pay the lowest amenity fees and did not want to see one set fee for all.
Yea, stick that fork in it...it's done!
8/11/2011 To: GET OVER IT. STICK A FORK IN IT.
Yes a small group of DEDICATED RESIDENTS did sacrifice a year of their time in an loosing effort to help ALL OF US. What was you contribution to this brave endeavor? I supported it by knocking on doors to get signatures.
And I will support the current effort by honoring the request to e-mail the GOV. about this unjust law. When KK receives an offer he can not refuse, and we again start paying the mortgage to another owner, will you stick a fork in that also? You are concerned about loosing money when you sell but not the 50% of your Amenity fee. At least give it a try. If EVERYONE in SCS would send an e-mail I feel confident we would get his attention. One e-mail from a concerned resident is a grain of sand. 1300 could be a mountain.
Yes I have sent mine.
8/10/2011 Get over it. Stick a fork in it...it's done.
No number of letters to Tallahassee will change a thing. Scott doesn't give a s&$# about SCS!
Past history, a small, dedicated group took on Kirkpatrick and management and LOST.
We residents are only going to get a few left over crumbs to keep most, not all, here happy.
Just hope that the real estate market comes back in the next couple of years and those of us that want out, can get out without loosing too much money.
8/8/2011 I haven't been to the OURSCS site for awhile but I visited it today and read about the e-mails to be sent to Scott. (Sorry I just can't give him the title "Governor." ) I gladly wrote an e-mail and sent it stating if I had only known that I could use the residents' amenity fees to pay the mortgage payments, I might have bought SCS myself. A law that really needs to be changed. The "investors" should be allowed to make a small profit but 50% plus is ridiculous!!
8/6/2011 Count me in. Sent mine this AM. PLEASE take the time to send your and encourage others that care to do the same.
8/5/2011 I am proud to be one of the 1300 people that has emailed a letter into the governor. I emailed mine in tonight. We all need to stick together if we are going to make this work out into our favor..
8/4/2011Mine is in the mail--- How about all of the 1300 ? It is SIMPLE !
Make Gov. Scott aware that there is at least 1300 that request his attention to our problem. If you do not wish to send you request directly to the Gov. send it to this site and request it be forwarded to him.
8/2/2011 Are you one of the 1300 + residents that signed the petition ? You know the one that expressed your disgust with our amenity fees being used to pay the mortgage for KK to purchase our community!
If you are, please express this to Gov, Scott. I have emailed him two times but apparently, because I am the only one, he has chosen not to respond. Please click on
and voice your feeling about this.
This may be our only chance at correcting the Florida State Law that can allow this to happen to us again when KK decides to sell us.
7/25/2011 Today, we received a list of 12 proposed improvements and while it is good to see management going forward with these items, I have a problem with calling them all improvements as opposed to separating improvements from maintenance. Webster defines "maintenance" as to "keep in existence or continuance, preserve, retain, to keep in due condition". As an example, washing the Community Center roof would be a maintenance item. "Improvements" is defined as a change or addition by which a thing is improved. Tileing the ball field comfort station and pool side comfort station is an improvement. So I count 10 Maintenance items and 2 Improvements. Thanks to the efforts of a few individuals, at least management is now doing something to keep our fine development in good condition. Hopefully, the future will look brighter if Management will listen to concerned residents.
7/20/2011Someone asked when will our amenity fees change. Change to what?
If anyone thinks our fees will ever reflect what is actually spent to
upkeep and maintain SCS they are out of touch with reality.
Our common grounds are a marketable commodity that can be bought
and sold. Often I hear our residents were offered the opportunity to purchase
them in the past. I do not know if that is true or a fable. If it is so, our
residents have only themselves to blame for "outsiders" coming in and
dictating terms of what we can and can not do at SCS.
Yes, we pay more and receive less than surrounding communities. The investors
bought SCS not to enhance our way of life, but rather to obtain a financial gain
on their investment. It is a win-win situation for them. Their fee is guaranteed.
They might have to wait on foreclosures and non-payers, but eventually they will
receive what is owed them. They have "built-in" customers. It is almost unreal that
the owners also own the management company. Has anyone seen bids go out for
management? They claim Heritage is the best. How will we ever know?
So forget the idea that the major part your fee goes toward upkeep of SCS,
it goes directly to the owners who may spend it as they wish.
7/19/2011 When are we going to hear something about a change in our amenity fees?
" For Sale Signs" will bring people in but the high amenity fee will drive them out.
7/17/2011 Pool , it is gated , what is this new thing there going to start charging to get in , annual passes to be sold. A new way to make $$$$
7/14/2011 One does not have to purchase an OPEN HOUSE sign from SCS management.
Any Real Estate agency can use their own sign.
For a FISBO you may purchase one anyplace you want.
What you need to do is go up to the office and follow the guidelines for
having an open house. This keeps it orderly and from becoming a circus.
Can you imagine people putting outrageous signs, balloons, posters all over
their yard, I can.
7/12/2011 No where else in the USA , an we have sold 10 plus home , do you have to purchase a OPEN HOUSE SIGN from management.. It is NONE OF THERE BUSSINESS if your selling or whom you list with. Your Realtor has them an can supply free , they CANNOT stop them , as of now they allow open houses. You an buy for $2 at Ace Hardware store if selling on your own. an you may put in Newspaper a ad for open house on the allowed days.. What the heck , xxxx , is going on here ?
7/11/2011 As you all know, we are allowed to do Open Houses on certain scheduled days each month (these dates were chosen by KK's group and you can pick up date list in Admin. office). The Open House sign must be purchased prior to doing the open house. I just picked up mine to the tune of $41.34 ..... and my check needed to be made out to "Spruce Creek Golf"......Hmmm ..... This community has become a mega-money maker for the Spruce Creek Golf owners....Yours Truly....
7/6/2011 From the latest communication posted here (Writing to our Governor) it appears there is a fresh approach to our dilemma here at SCS.
Perhaps it is the best method to effect change here. Ken and his partners appear to be in their rights to what they are doing to us.
It is Florida law that give these rights. It is known as a loophole. It is immoral what they are allowed to do, but legal.
We must get the attention of our legislatures to put an end to this lucrative avenue that allows investors to swoop-in and
fleece seniors that live in Planned Unit Development such as ours. This would make a great story for the CNBC show, "American Greed". Our covenants are so loosely written one could drive a Mack Truck though them. Few outsiders know about the huge amounts of money that can be made by buying the rights to a developments streets, pool, and recreation facilities. Few here would ever buy a home on leased ground. However in effect we have bought homes where our roads are leased to us and then we pay to maintain them. We also pay to be governed by strangers with no representation as to how we are governed. The current owners know little of
what transpires here. To rectify this situation our dilemma must be heard by those that are willing and able to right a wrong. Our local and state legislators
must be made aware of the flaw that exists in laws governing residential PUD,s. So write them and tell them we are being fleeced. Their names appear everyday in the Village newspaper. Perhaps 3000 voters can elicit that change.
7/5/2011 Sorry but, as of this AM, Gov Scott has not replied to my Email.
Subject: Acknowledging the receipt of your email
Date: Mon, 27 Jun 2011 19:37:31 -0400
Thank you for contacting Governor Rick Scott.
Due to the volume of emails sent to the Governor, there may be a delay in responding to your email. Please know that the Governor's office is making every effort to respond to your inquiry. In the meantime, you may wish to view our online information database, which provides information on current issues and frequently asked questions. You may visit this source by clicking on Get Answers.
Thank you again for taking the time to contact Governor Scott.
6/27/2011 The below email was sent to Gov. Scott. Direct answer is ?????. Oh well! The small town lawyers were no help. Money rules all.
Honorable Governor Rick Scott
As a resident of SPRUCE CREEK SOUTH in Summerfield, FL (estimated population in excess of 3000 ), I, respectfully, request your personal answer to the following question.
Are you aware that Florida law allows a buyer to purchase a built out seniors community from the developer and use the residents' amenity fees to pay the mortgage payments ?
Any comments you may have on this subject will be greatly appreciated
If, for any reason, you feel you cannot respond to this question please do not forward to a pass the buck loop. Simply return it to me.
Thank you for your time.
Home phone 352-XXXXXXX
Join us at www.ourscs.com (community web site )
.6/14/2011 To the email dated 6/10 For Admin: !! Mature homebuyers over 55 have undoubtedly owned 4-5 homes over their lifetime. They don't need to be 'captured' inside a Realtor's car in order to get into a community to see a home; shown limited number of homes and not allowed to drive through on their own and 'check out' the quality of the community and its amenities. You know yourselves....when a couple looks at a number of homes, at the end of the day they review what homes they have looked at and then make a decision which communities they want to drive back through on their own to make a final decision where they want to buy. They don't want to have to make another appointment to be driven in a realtor's car again, as though they can't be trusted in the community. They want to leisurely drive through the neighborhood and assess for themselves which community they would like to live in. This is 2011, buyers are more sophisticated and don't want to be treated like suspicious people wandering through our communities!! Pick up passes at the gate, drop the pass off at the gate, just like other gated communities do.
6/18/2011 SORRY FOR THE DELAY IN PUBLISHING. MINOR COMPUTER PROBLEM.
6/18/2011 Recently SCS residents received a letter from our management.
Of interest to me is the part, "More Open and Transparent Communications".
It appears management is seeking candidates for a HOA. According to the letter
we will elect members of our community to meet with Heritage to address
We should thank those that volunteered their time in the past that tried to improve
conditions at SCS and were accused on this site of being managements minions.
However let us now see how many whiners and complainers come forward
to place their names on the ballot. (They seem to have all the answers)
This will mean spending several hours a month at meetings trying to set
standards for our fine community.
It will be a thankless job, you will be verbally attacked on this site by a certain few,
no matter what you try to accomplish. Of course, that is this sites legitimate purpose,
to express yourself unimpeded.
It lets management know, that we know when we are being hoodwinked.
Let us now see if those who have been very vocal might be elected to introduce
amendments to improve our well being at SCS. The ball is now in the residents court.
So step up, and put your name on the ballot!! You just might get elected to be on
Spruce Creeks South's, HOA.
6/14/2011 To the email dated 6/10 For Admin: You are absolutely right concerning #3 Yes Open Houses!! Mature homebuyers over 55 have undoubtedly owned 4-5 homes over their lifetime. They don't need to be 'captured' inside a Realtor's car in order to get into a community to see a home; shown limited number of homes and not allowed to drive through on their own and 'check out' the quality of the community and its amenities. You know yourselves....when a couple looks at a number of homes, at the end of the day they review what homes they have looked at and then make a decision which communities they want to drive back through on their own to make a final decision where they want to buy. They don't want to have to make another appointment to be driven in a realtor's car again, as though they can't be trusted in the community. They want to leisurely drive through the neighborhood and assess for themselves which community they would like to live in. This is 2011, buyers are more sophisticated and don't want to be treated like suspicious people wandering through our communities!! Pick up passes at the gate, drop the pass off at the gate, just like other gated communities do.
The longer our homes set on the market (due to being such a 'closed' community), the prices continue to drop and drop.
Then we have investors who come in, buy up the homes cheap, cheap and the next thing you know we become a rental community......and you know the rest of the story.
I would, in fact, like to know what the percentage (%) of homes are now rental homes, owned by investors/investor groups, absentee owners.
Does anyone know? Anyone who is real estate savvy knows the pitfalls of allowing homes in a community to be bought by investors.
This is a nice community and we need to be in control of what happens to our homes and community. And, yes, we need to have votes....and on issues that are important to us as homeowners, not someone else's petty issues.
If you received the same letter I receive occasionally from a couple of our 'friendly neighborhood realtors', you will see there are homes selling.....they just fail to tell you what $$$they are selling for. It's not a pretty picture.....
Let's responsibly open up this community! Other do it....so can we!
6/13/2011 Is this site still up and running???????????
I sent an email 3 days ago ?
6/11/2011 Has anyone seen a reduction in your Amenity Fee? I have been checking my account and find they have not changed it to reflect the new charge. According to KK they were suppose to reduce the amenity fee “effective immediately” according to his survey reply. It seems to me that he is still ripping us off. Or am I mistaken?
6/10/2011 FOR ADMIN.
#1 Double hung windows ----- Admin. " was MISINFORMED" Who misinformed them? Come to think about it I think they are always misinformed .
#2 Next month when you brag about how many letters you have sent, tell us how many have corrected their violations. I can send you many photos of big violations that are years old.
We need a voted in HOA.
#3 Yes OPEN HOUSES can improve our home prices. The more you sell in here the less are for sale and there goes the good old SUPPLY & DEMAND. Also if the great sales people in The Villages can keep selling doublewides for $20K more than a home in here I would say we need good outside people to sell our homes.
6/10/2011 Do you really think having Open houses available will help home prices????? It will help visibility of our properties and therefore sales, but not prices.
Good news seems to be that prices are holding their own (accept fire sales and REO/Short sales).
Watch the news --- the market is driving prices, not lack of open houses.
Oh, if you are paying $165.00 a month, better check on that cuz it should be $155.00 which includes the $10 road assessment!
6/7/2011 I heard that KK will be sending out another letter next week to all the Homeowners (AKA his "piggy bank.") He is going to tell us that he will allow Open Houses in SCS and something else. I'm sure whatever the "benevolent dictator" is going to do won't be costing him too much of our amenity fees. Afterall, he needs our amenity fees for more important things... like paying his mortgage to Sonny Erp.
6/7/2011 Put fork in it, you can`t beat corporate greed, they own all the players and they don`t use lawyers that suddenly after six months suddenly discover under pressure there is a conflict of interest and take off with their tail straight down.. Do you really think the elected and unelected gives a hoot what happens at SCS, only if it affects the tax base, you know, low tax less money to waste. One positive is that unlike the erp`s who kept it all for their greedy self's, kk will, when pressed, toss a bone at the happy to keep them in line. Many thanks to all that have given of themselves and tried to make a difference on our behalf.
6/7/2011 So, work is being done to the pool, that's nice, I hope the pool people are happy. Is the jacuzzi going to be fixed as well?
I've seen the flag flying at the main gate. It's a tad bigger than the one before it but not as big as the one that flew there a couple of years ago. You remember, the one that the palms got in the way of.
Are the much needed repairs to the tennis courts on the list of things to do? I doubt it.
And the BIG question, are the amenity dollars still going to be used to pay Sonny off? I'll bet they still are, legal to do so or not.
I was told yesterday that the fee structure will remain the same for the next two years. This was quoted by the Zone 9 rep., the same zone rep that said Ken had a surprise for everyone come April 1 when there was to be one amenity fee for everyone. April Fools!!!
So what was accomplished by all of the drama for the past couple of months?
NOT A DAMN THING IMHO.
6/6/2011 I believe our amenity for a new home owner is $155.80 plus the $10.00 road charge.
That is about $40.00 more than all our neighbors. Maybe the village people are right, we are foreigners?
6/6/2011 Little confused by the 6/5 post. Perhaps he/she has not been down to the pool. Has been repaired (actually saw them filling up the cracks all around the pool deck) and then a concrete mix designed for decks applied and on Sunday afternoon the final sealing was being applied. There are 40-50 brand new lounges. Heard from more than one source that new exercise equipment has been placed on order for the 'fitness center' so will just be watching for that......
Still got a long way to go, but it looks like a fair start. Just too bad the owner/KK has to be put in a corner to get it done.
Apparently the writer of this blog does not use the pool and fitness center, which are both very important to this community as it is what new owners are looking for......especially if they have to pay these absurd fees of $155.80.
Just need to keep this going.....
By the way, look upward and you will see a large flag flying on the high pole at the entrance to the community.
And thank goodness that hideous yellow sign tied to the front pole has been removed! Now let's get this community opened up for open houses so that the many houses for sale can get sold....at decent prices!!
Let's keep up the tempo. Let's work together.....
6/5/2011 APPEARS you have been broken by KK.... and now , he does nothing/// claims because of pending court case. You have really cooked our goose. they do not even monitor BAD LAWNS anymore , look around an see. only a few are cited... It is the worst in years, even on main drag , an he is using less water to save money on the center Island. , an dinky flag out front to save also . THANKS , why did you not just ASK for a HOA as Sonny had , an MAYBE he would have listened , but appears you know how to run his place better than the owner whom has a million $$$commitment. THANKS for making things worse. Only the golf course looks great. Sonny pocketed the $$$$, KK uses it to pay off loan , then shall pocket it too !!!!!!!!!!!!!! What's the difference , other than to now tick him off...
6/3/2011 Thanks for the feedback, found out it was a mistake, the ARB OK'd double hung windows, Admin was misinformed. I'm now a happy camper!!
6/3/2011 We are talking about double hung windows?
Is our H.O.A. settled? Have our amenities fees been adjusted so we are all close to the same amount or equal? Do we have a say in what is going on?
6/2/2011 I question the statement concerning double hung windows. If a double hung window is a 2 pane with or without various air spaces in between the panes then someone has been misinformed.
When I built my home in 1991 upgraded windows were an option which I chose and paid for. Fortunately I have all my original paper work and contractual information!
5/31/2011 I'm not a happy camper, I drive around SCS and notice houses with nice double hung windows. I decide this is for me, I check with admin, alas SCS doesn't allow double hung windows. The people who have them put did it without permission. One of the houses is near the community center, they have to pass it going to work every day!! I guess doing the right thing isn't all it's cracked up to be. I should have just done it, after all, there is no penalty for not following the rules
5/31/2011 The Star Banner? They barely report anything down this end of the county. The Daily Sun on the other hand would probably do it in a heart beat. Anything that makes other places look bad and the Villages good.
5/31/2011 Taking into consideration the recent events surrounding this situation here in SCS and the obvious lack of movement on the parties involved...
I think it's about time to go public with the happenings here in SCS.
I'm wondering how the Ocala Star Banner would report on this matter if they were given the facts and the web address of OurSCS.com so they can read for themselves how the residents here are being treated???
5/27/2011 KK hopes to break our stand by forcing silence about the meetings by way of GAG ORDERS. Keep the faith. IT AT OVER UNTILL THE COMMUNITY SAYS IT IS OVER.
5/25/2011 Copy of emai recieved from eneighbors site.
AND THE #
THIS RATE /
MONTHLY FEE /
TIER 1 22 homes @ 94.07 equals $24,834.48 Annually
TIER 2 35 homes @ 103.37 equals $43,415.40 Annually
TIER 3 128 homes @ 109.59 equals $168,330.24 Annually
TIER 4 198 homes @ 118.62 equals $281,841.12 Annually
TIER 5 243 homes @ 127.91 equals $372,985.56 Annually
TIER 6 250 homes @ 136.21 equals $408,630.00 Annually
TIER 7 337 homes @ 138.29 equals $559,244.76 Annually
TIER 8 16 homes @ 116.79 equals $22,423.68 Annually
TIER 9 356 homes @ 155.80 equals $665,577.60 Annually
VILLA 1 25 villas @ 240.87 equals $72,261.00 Annually
VILLA 2 13 villas @ 289.76 equals $45,202.56 Annually
ALL TIERS $2,664,746.40
IS THAT $2,664,746 BEING USED FOR SPRUCE CREEK SOUTH??? I DON'T SEE IT.
WHAT CAN WE DO ABOUT IT? WE CAN UNITE BY JOINING THE NEW CRICO GROUP
You cannot reply directly to this email. Reply to your neighbor at firstname.lastname@example.org.
5/24/2011 FYI "Detaildude" filed this COMPLAINT TO THE OFFICE OF THE ATTORNEY
ON 3/21/2011. The Attorney General's Office responsed by directing me to the
DBPR (Department of Business and Public Regulation) with whom I am corresponding.
I own a home in Spruce Creek South an over 55 gated community developed in 1989 with
1624 homes and villas in Marion County. We seek your help with the following problems.
Of the $8,540,000 paid by the residents of Spruce Creek South in the form of amenity
fees from the acquisition by Spruce Creek Golf, LLC on 8/31/2007 to present, over $4,000,000
has been used to fund the acquisition of the property including the common grounds,
recreational areas, golf course, restaurant, club house, pro shop, and maintenance buildings
that were included in the purchase.
According to the 17th Amended Declaration of Protective Deed Restrictions and Covenants for
Spruce Creek South (BK/PG 03417/0653 Marion County), this is in violation of Article VI,
Section 8, Covenants for Maintenance Assessments, which includes only common and
recreational areas. However, Article I, Definitions, Section (i) states the "recreational area
shall not include any golf course or golf course amenities such as a club house, pro shop,
maintenance buildings, restaurants or appurtenance thereto."
Therefore, the acquisition of the golf course and golf course amenities is being funded with our
maintenance assessments. This is the misappropriation I am making my complaint about.
In addition, the Spruce Creek South amenity fee structure includes nine (9) different tiers
ranging from $94.07 to $155.80 for homes and two (2) different tiers ranging from $240.87 to
$289.76 for villas for the exact same right to use the exact same amenities that this community
offers. This is in violation of Article VI Section 8 of the Covenants for Maintenance Assessments
which call for "an equal rate." This is outright discrimination that one homeowner can be
charged 65% more than another homeowner for the use of the exact same amenities offered in
As a community of seniors we are being abused financially and since continuous
requests to the owner have not resulted in any consideration of any kind, we turn to
your office for assistance.
5/23/2011 Hello DetailDude
Wow! What a lot of outdated info you have blessed us with. By your own admission, you opted out of the meetings to prevent you being part of a GAG ORDER. The three members you mention ( plus 3 others )attended the meetings and are under a GAG ORDER. Therefore, they cannot discuss the meetings with you or anyone. How did that destroy the entire group? It just let you and 3 others uninformed of events of the meetings. It appears to me that you are upset because the 6 are upholding the GAG ORDER and that keeps you uninformed. If you are a true believer that something needs to be done to correct the use of our monies, please write current information that will support the 6 under the GAG ORDER or put yourself under one.
Also, if you did file a complaint with the Attorney General's Office please send a copy to this site for publication.
A resident patiently waiting for up to date info from the 6 under the GAG ORDER.
5/23/2011 Prior to what you read the meetings are still taking place. They are still under a gag order.
5/23/2011 Friendly mediation is becoming "extended mediation" re: consolidating demands, representation of amenity fees, and so on and so on!!! Well, a few of us are going to be in this drawn out affair for the long run and will do all we can to keep this alive and just as "extended" as we have to. Wouldn't it be nice if we (SCS) could take our amenity fees and place them in a special account to obtain a top notch, lawyer who would be devoted & determined to right all the misconduct of spending with OUR money which is taking place. Well, that part is a dream, keeping this issue alive is not. One might think this is a naive statement but management is naive to think (wish) this issue with SCS will someday fade away.
5/21/2011 Whereas I have been unable to get any response from any of the letters to the 'officers' of Spruce Creek Recreation and Heritage Management, perhaps those residents who are meeting with KK could present these questions to him. Better yet, if Mr. KK is reading this website (which he definitely should be considering the situation in this community), please answer these questions:
Why are you not willing to allow the residents/homeowners in this community to have their rightful place in the Spruce Creek Homeowners Association?? Please do not deny that it exists. You (KK) file the Spruce Creek Homeowners Association documents with the State every year, attesting that it is in existence and have most recently reported that Kenneth Kirkpatrick is President, Joe Fante (Controller for your other corporations) as Treasurer and James Day (Authorized Agent for Spruce Creek Recreation) as Secretary. Why have you denied rights to the homeowners in SCS to nominate and elect the Officers of the Association?? Incidently, there is supposed to be 4 Officers; there is currently no Vice President.
2) Over-riding that, you have failed to ensure that there is a Board of Directors, which according to the Articles/ByLaws of the HOA there are never to be less than 3. There are None...0...at this time. It is the Board of Directors, in fact, who are to oversee that there is a Nominating Committee and votes by the residents to fill the 4 Officers positions as well. Why have you not done that?????
3) Why is it that you pursue a 'survey' to allow the residents to 'vote' on such insignificant issues as this previous survey but blatantly deny them the important and significant rights which have been given to them in the Articles/ByLaws of this same HOA?? The homeowners have been given those rights at the time that the HOA was set up under Harvey Erp. And, as you know, that same HOA was reinstated shortly before your/Spruce Creek Golf purchase of the amenities in 2007.
4) IF someone is hurt either in the pool and the very unfit 'fitness' center which results in a lawsuit, are you/Spruce Creek Recreation LLC going to take on the liability for that lawsuit.....or are you going to turn that responsibility over to the homeowners??
I know of one case of a person who was in the pool and experiencing the symptoms a heart attack. When one of the other residents went over use the emergency phone to call for help, the phone did not work!! Thankfully another resident had their cell phone and was able to contact emergency services and our resident survived this ordeal.
Second situation: A resident fell on the treadmill in the 'unfit' fitness center and hurt herself. We are only fortunate that she did not go forward with a lawsuit.
What if in fact she had filed a lawsuit? Again, would you have distanced yourself from this and placed the responsibility on the homeowners?????The safety mode on that treadmill has never been repaired and rather a "Use at Your Own Risk" sign posted on the wall.
Incidently, a second piece of 'homegrown' equipment has been placed in the center and a sign posted above it which reads "Use at your own risk. Very dangerous'!!
If a lawsuit is ever filed, residents need to ensure that the lawsuit is filed against Spruce Creek Golf/Spruce Creek Recreation LLC rather than an HOA where the residents would be named as Defendants. After all, the homeowners have had absolutely no rights in ensuring that we have safe equipment within this facility.
It appears you are using the Spruce Creek Homeowners Association status only for the benefit of yourself, Spruce Creek Golf/Spruce Creek Recreation LLC. This is totally unacceptable!!
5) Is it going to take an act of God to establish a 'policy' to allow the homeowners to sell their homes through the promotion of Open Houses. Why the delay? Is it to the benefit of your Spruce Creek Realty which you own and of which you are the Broker of Record???? Your commission is approximately 50% of the commission on all homes listed by your brokerage (which is the majority) at the time of sale. Is the realty office another 'nugget' in this gold mine that you have created??
These questions (particularly # 4) need to be of concern to the residents and answered by Mr. Kirkpatrick.
This could be avenue for a test of character and ethics.
5/21/2011 Dear Moderator,
I am attaching my file which I believe your readers will find informative. It gives the chronological review of what is happening in Spruce Creek South regarding the legal action that was taken. I understand that perhaps you do not want to publish the names of the participants, but for understanding, I request that you do. Please publish my attachment. Thank you for maintaining the font which I have used. DetailDude
Chronological happenings regarding the Spruce Creek “Concerned Residents”
● The ‘Concerned Residents’ Group secured 1340 signatures on the petition
that was circulated. What that really did is educate residents about the
misappropriation of the amenity fees and the deteriorated condition of most
● The three attorneys ,(Mike Dean, Charley Forman, Greg Stewart) who took
this case on a contingency basis with the three men who started this action
(Mr. B. E., Mr R. D. & Mr. J. L. )requested more detailed financial
information by meeting with Ken Kirkpatrick, another Spruce Creek Golf, LLC
partner, Atty Randy Klein and their attorney, Atty. McClellan. Most significantly,
they learned that in 2009, $452,000 was returned to several silent partners
and ERP received $534,375 in interest on the mortgage payment, all from SCS
● Kirkpatrick called “one” of the three initiating the lawsuit and wanted to negotiate
without the attorneys. with just that ‘one’ person. After a long heated meeting
with about 10 of us, that ‘one’ finally agreed that it was not a good idea to
negotiate for our group by himself. There was too much at stake for the entire
● Friendly mediation was scheduled for March 21st. One week prior, two of
the SCS attorneys, Charley Forman and Mike Dean, held a meeting at Jerry
Letney’s house to inform us of the mediation process and to let us know that it
was far better to settle out of court because if we couldn’t agree on a settlement,
then the case might be decided by one judge. If we got the wrong one, we were
told, we could loose.
● Forman also informed us that the varying amenity fees could not be part of any
class action suit because he could not represent one resident paying $94.07 per
month and at the same time represent another resident who pays $155.80 per
month. It made sense but it was the first time in 7 months that any of us had
● Forman suggested we each name the 6 or 7 most important demands and get
together with each other to share our lists and develop one list that all agreed
● We all did that and determined that as before, we wanted 1.) to be paid back the
$3,000,000 Kirkpatrick had paid in mortgage payments to the old owner, Erp. 2.)
to have an active Homeowners Association (HOA) and operate it according to
FL statutes 3.) to control how the amenity fees would be spent, 4.) Equal and
customary opportunity for all RE Firms and For-Sale-By-Owners to market their
properties for sale within SCS including to allow open houses by RE companies
other than Spruce Creek Real Estate, LLC, owned by Kirkpatrick and 5.) to have
all deteriorated amenities repaired, remodeled or replaced.
● Since there were 10 of us and only 6 were allowed to go to mediation, four of
us sat out. I chose not to go because I recalled that the person who won the
$40 Million lawsuit in the Villages was put under a gag order as part of the
settlement. I thought we would settle at the mediation and did not want to forgo
the opportunity to report Kirkpatrick’s activities tto the Attorney General.
● About one week before Mediation, Kirkpatrick’s attorney released a disk with
2800 pages of financial information about Spruce Creek Recreation, LLC to
Attorney Forman. Instead of allowing several SCS accountants to review it,
he turned it over to a CPA in Ocala who signed a non-disclosure statement.
Because of the tax season, the CPA could not spend much time on it. The CPA
reviewed some of it and did come to Mediation, but it was not fruitful.
● Mediation lasted for eight hours and accomplished nothing and everyone was
put under a gag order by the mediator. That absolutely destroyed our group of
ten. Little was said about “what next” other than the attorneys were negotiating.
● Then there were meetings to decide which way the 6 who went to mediation
wanted to go. It was even more obvious at this point that the SCS attorneys
did not want to file the case as a class action and felt we should come to a
settlement including that Kirkpatrick would pay the SCS Attorney’s legal fees.
(Probably with our amenity fees, no less. (This is not allowed per FL Chapter
● Meetings were held among the six with agreements on how to proceed and
then things would get changed without the committee members knowledge. A
fourth person, an attorney, who owns a rental property in SCS, had signed onto
the lawsuit about halfway thru and then withdrew because of some conflict of
interest. That did not help the comaradarrie.
● On 4/21/11, I personally filed an online complaint against Spruce Creek Golf,
LLC with the Attorney General’s Office and on April 23rd I sent the Star Banner
reporter, Bill Thompson, information about SCS and the misappropriation of $4
Million in amenity fees because he had just written articles about the possible
repeal of the Marion County Ordinance that requires Developers to file Annual
Reports of revenues and expenditures. These reports combine so many line
items that they are almost useless. However, those filed by Spruce Creek
Recreation, LLC did show that $4,004,454 of our amenity fees were used for
Debt reduction and depreciation and amortization between the period 8/31/07
● This alone is reason to sue Kirkpatrick besides the discriminatory fee structure.
5/21/2011 To the 5/20/11 poster, if what you say is true, I have no reason to doubt you, then what I've been hearing from one predominate member of the "team" sounds like "BS" or just a scam to keep their interests going.
I was told after the first meeting that things were looking good and that the second meeting was to be scheduled and the gag order was confirmed. Later I was told about the date of the second meeting. I was not told that they had money issues to proceed forward with the meeting or mediator.
It sounds to me that this whole mess is headed into the toilet.
5/13/2011 Did the meeting of 5/11/2011 actually take place ? If so, does anyone have any info ?
5/20/2011 Mediation???? Did it take place??? No, it did not.
There is no money to pay a mediator or rent the facility so the mediation which had been scheduled for 5/11 did not take place.
One who attended the 3/21 mediation said nothing was discussed at that mediation that had not already been discussed previously throughout the entire community. The gag order was merely a tactic to quiet the matter and divide the community into those "in the know" from those "not in the know." The gag order also slowed the momentum this "Concerned Residents" effort had reached. But I am still concerned. Are YOU??
If you gave us your email when you signed the petition, more news will be coming out shortly on how you can assist the "Concerned Residents." (Moderator, please retain the font and size of my submission. Thanks)
5/16/2011 I understand the meeting took place and they are still under a gag order
5/13/2011 Did the meeting of 5/11/2011 actually take place ? If so, does anyone have any info ?
5/6/2011 I noticed in the May Hi Neighbor newsletter that, under the article for Heritage Management, quote, "Seventeen lawns were serviced due to foreclosure." I hope that the monies spent to 'service' these lawns were not taken from our monthly fees!
That is not our responsibility. That is the responsibility of the bank who foreclosed on the home. If the management wants to take it upon themselves, that is their choice; but it should not come out of our fees!
If the lawn is overgrown, etc. the bank can be called/notified or a call can be placed to the County. Our dollars should absolutely not be spent in 'sprucing up' anybody else's property, foreclosed, vacant or not.
Would KK please address this; whose money was spent on this??
With the way things are going in here, we are likely to see many more vacant homes in our neighborhood. Sorry, that's just reality.
5/5/2011 Interesting word "Myopia" Webster's dictionary defines the word as: -noun
1. ......a condition of the eye.... (does not apply here)
2. lack of foresight ( With lack of foresight, a person or person(s) fails to take an action necessary to prevent negative and sometimes destructive end. This has happened in this community) For those who take action without the foresight that an injustice may be waged again him/her/them has at least defended what they believe is right.
3. narrow-mindednesss; intolerance (narrow-mindedness can be a negative. It can also be a positive. Examples: If the narrow-minded has never allowed themselves to listen to other side, it is a definite negative. However, if the narrow-minded listened and weighed out the value and validity of each/all sides, then makes a decision and chooses the 'narrow way', it can be a definite positive.
We have witnesssed those who are narrow-minded on the positive level; they honor and expect those 'laws which are written for the good of the majority'; veer not from what has been established. On the other hand, there are those who are narrow-minded on the negative level;
Those who are narrow-minded to the extent that they disrespect and ignore those same laws that were meant for the good of the majority but adhor that those same rights will destroy their self-serving plans to exploit, destroying the rights of the other. Thus, there are two narrow-mindedness, two narrow roads.
Intolerance also can be a negative or positive. Those who are intolerant to the rights and beliefs of others portrays a negative. Those who are intolerant to injustices, breaking of laws which were meant for good bring forth a positive. Thank God for those in the USA who were intolerant of those who would come into our great country and destroy the very foundation of this great country. Thank God for those who took a stand against 9-11. See the picture??
One lovely and wise young lady once said "For every right we are given, there is a responsibility".
Intolerance is more of a positive than a negative. Should be tolerant to those of differing beliefs and the rights of others (the person who said 'permit yourself to be a victim if you wish; that is a tolerant person).
On the other hand, there should be intolerance to injustice, and all evil motives. That is
5/5/2011 Is it more untruths' or just incompetence????
Ask management why they don't repair and paint the wall and they will tell you it belongs to the shopping center..
If they would read the Easement Agreement filed with Marion County, File #99039529, it specifically states the the shopping center shall have no responsibility for the cost and expense or maintenance of the Dividing Wall...
For consideration received the shopping center hereby grants, bargains, sells assigns, and conveys to Spruce Creek....an easement upon, over, and across any portion of Parcel A lying within five feet of the centerline on the Dividing Wall for purposes of maintaining and repairing the Dividing Wall.
All we get is just more untruths from our greedy incompetent owners who are not maintaining the property they are buying with our monies.
5/5/2011 I think the writer used the XXX only on one blog (not numerous times) for the privacy of a neighbor is not actually bitter. Sounds more like a person who doesn't particularly like being defrauded. I really don't know who does. Sounds a little like intelligence.
Was your warranty deed for your home recorded in just the past few years; if not, does that mean it is no longer valid????
And I believe those documents referred to are still in effect, the most recent being May of 2003. If executed, recorded documents are no good, what are we going to do if someone moves into our homes while we are on vacation, or runs off with your 'Jag'...don't you think your documents should protect your ownership; if not, then maybe you won't be able to come back to your home. Doesn't make sense, does it? What would you show as proof that the house or your car belongs to you?
If executed, recorded documents are not worth anything, why do we even bother. Better yet, let's just go around and collect up what we want, to heck with who owns it! I think that is called 'theft'. Why do we even go into agreements (like with your mortgage company, your insurance company, anything) if the documents won't stand up in a court of law. Why bother?
Person who do not protect their own rights become good repeat 'victims' for robbers. Thieves and robbers would love to know who those willing victims are. They would have a hay day.
In addition, just because a person 'knows what they are doing', does it make it right? How is that judged.....by the written laws? .. Or just a matter of opinion at the moment....or by just whoever is the better debator. Lawyers play games, you know. and usually the ones who win is just the one who has the more prudent lawyer; doesn't mean what was done was right, just a more prudent lawer. Many cases with validity are thrown out strictly by virtue of a 'technicality'. I have heard that many public defenders have problems as they realize they were just doing their jobs, they were good at it.....but oftentimes they realize they have just protected a criminal. This is no secret.
I did not read anyone saying "United we stand, divided we fall" but is a good motto. I think someone did mention something about being 'divided' , not so sure it was the XX person.
5/5/2011 A personal THANKS to the site owner for clarifying my misinterpretation of the XXXXX,s in some of the postings.
5/5/2011 The XXXXXXX in the e-mail you refer to was placed by this site, not the writer.
5/5/2011 In regards to the writer that likes to use XXXXXXX a lot in their postings.
You are extremely bitter in your thoughts. Also you appear to have myopia when discussing the issue. It is no secret many here, including myself, are disturbed by the fact our fees are paying for the current owners note that he used to purchase our PUD.
You speak of "United we stand, divided we fall", I do not believe we are divided, except for an earlier posting that claims those that purchased from Erp are to blame for the current perceived notion that SCS has become a "slum" as they did nothing to stop him over the years.
One can file suit today for almost any cause. You can hire the finest lawyers money can buy. But, You must win your case in a court of law. Just because residents believe they are not getting their money's worth, might not be illegal. Ken, Jim Day, and the other investors in the group are not dummies. They Knew what they were doing when they saw an opportunity here.
As a resident group we might be able to extract some concessions from our new owners, but do not expect any major changes.
There are old documents concerning SCS recorded in Ocala being referred too almost everyday on this site. Do you think for one moment the investment group do not know about these documents? Perhaps they know the documents are not worth the paper they are written on.
We are not alone in complaining about the use of fees. The Internet is full of stories from homeowners fed up with their management and how "their money" is being spent. Yes, it is a hard pill to swallow, but from my research, the investors might not be committing any crime. Hard to believe isn't it !!
5/5/2011 I think our residents need a little humor. I just saw the Coors Light truck pull through the community again. Do you think they are delivering to someone's home or do you think they are delivering up at the 'beer and hot dog shack'. :-/ :-0
Seeing as we are generous to pay their real estate taxes, their employees, maintenace of their facilities, and even their operating license, do you think we can have free beers and hot dogs?? Happy Hour, folks, with free Coors and all-beef hot dogs!!
I knew I moved in here for some reason....
Smile.....good for the soul.
5/5/2011 Dear neighbors,
I have researched the Marion County public records to find that Spruce Creek Recreation LLC, by the courtesy of James E. Day, filed a lien against a number of our neighbors for failing to pay some of thier 'association fees' and I quote:
.......for the following described real property located in Marion County, Florida, more particularly described as #XXX X of Spruce Creek Recreation LLC, Subdivision, as recorded in the public records of Marion County, Florida"
(I have used the XXX for privacy of our resident/neighbor).
It further goes on to describe the Property Address....which is an address within our community, Spruce Creek South!.....including the legal Parcel No: xxxxxxxxx
Surely you are catching on here! I would recommend that whoever this resident is whose has been subject of this 'lien' and for any future people who are violated in such a manner, strongly question the Circuit of the County Court, County Attorney, as well as the management company/investor...whatever they perport themselves to be.
Why are they saying this #XXXX in a subdivsiion that you do not live in; in fact, has no physical location,virtually non-existent as a legal, plotted, recorded subdivision! Why don't they just use the name of the 'leg' of their For Profit corporation of Spruce Creek Golf????????
Could it be that there just might be some illegal ramifications??????? Would their authority be questioned?????????
I understand that the $8/hour employee in the Recording Department of the County just records what is placed on his/her desk. BUt shouldn't this be addressed with an authority in Marion County; starting with the County Attorney for advise and direction.
I thought KK said this was just an operating account (Spruce Creek Recreation LLC) in order to be able to deposit our monies into some account, obviously for the benefit of the For Profit Corporation of Spruce Creek Golf, Inc in whom Mr. KK and his cronies have invested. ........
Definitely food for thought!
Note: If you want to experiment a little to try to find out where this SCR LLC subdivision is located, why don't you call the telephone number that they list in the Marion County telephone directory and ask them to direct to you where Spruce Creek Recreation LLC Subdivision is.
I think you will recognize the number: 352-347-7199 ! If you have anybody come in to visit you at all, you will recognize this number as our front gate!!!!!
5/5/2011 I, likewise, am proud to say that I was taught from youth to honor my word, pay my debts (in fact, I pay most of them ahead of time) and admire others who do. However, What I pay IS conditional,....I pay, they provide me with what they promised me. I do not change the amount I pay, they do not change what they promised me. To do otherwise would be allowing myself to become a victim. That reallly isn't 'noble'. Think about it.....
Blogs of 5/4: "Denial" is absolutely right. Residents are indeed being 'screwed out of their money and rights".
As for the other blog, there are those who HAVE in fact offered a solution and they ARE taking the action. This should be well recognized.
Gone are the daysof "let's shake hands and we've got a deal"....sad, but true. Those days are gone, my friend.
As this country grew and became populated, there arose predators who made it necessary to set up a system that would protect the rights of our citizens. We are now governed by legally recorded and documented instruments.....sorry, folks, that you are tired of hearing "Articles of Incorporation, ByLaws, and Covenants/Deed Restrictions." but they do exist. This HOA was incorporated under those very documents.
In Business Law, the very first statement out of the mouth of the qualified educator was "Laws are written for the good of the majority."
I quote from the 'blog': "The bottom line is, they made this investment to get their hands on our fees." I agree 100%.
Another quote, "The fees are theirs, not ours to dictate to them how they should be spent." True, ONLY to the degree that we can not personally, individually dictate our own wants, BUT dictated by the governing documents of Spruce Creek South Homeowners Association, Inc.
The statement: "From what I have learned"...if this is what you have learned, please share with the rest of us where you learned this. Because it is all in direct violation of the governing documents. Your institute of higher learning, please.....
If you are referring to the right of this For Profit corporation to come in, collect our fees, spend on their personal debts; additionally, saying that they have the right to do so, please read:
Page 26 of the "Seventeenth Amended Deed.....: recorded 5/15/2003....filed by "Spruce Creek Develoment Company of Ocala, Inc. a Florida Corporation, hereinafter referred to as "Developer", as Owner and Developer of Spruce Spruce Creek South..."
"Article XI Amendment"
Section 1. Amendments. The DEVELOPER in its sole and absolute discretion shall have the right and power of amendment of this Declaration........Such right a) to amend .....for the purpose of curing any ambiguity in or to any inconsistency between the provisions contained herein; b) to include in any contract or deed.......any additional covenants and restrictions......which do not unreasonably lower standards of the Covenants........ c) to release any Lot from any part of the Covenants and Restrictions which have been violated if the DEVELOPER.........."
No right to make amendments as to how the monies should be spent. They have been recorded very clearly, specifically and there has been no right given to make amendments other than the above BY THE DEVELOPER. Who has gone, ceased to develop in here....and has sold those amenities (23 parcels) to a local for-profit group. If they are using the existence of a Homeowners Association, requiring membership with membership fees, those investors/for-profit group are under the regulations of those same ByLaws and Covenants/Deed Restrictions. There has been no authority given to anyone to amend (outside of member votes) other than what has been recorded under Article XI.
5/4/2011 - To the writer that wants to pit the "oldtimers" against the "newcomers". Your playing into the dictators hands. Have you ever heard the saying "United We Stand, Divided We Fall"? As far as offering a solution is concerned your entry is void. We have however spoken to legal counsel and are persuing an action. KK and his band of XXXXXXX are buying the so called amenities with our monthly fees. These fees should be used for our benefit, (Recreation & Maintenance). Fees are not to be comingled for golf course maintenance and repairs. Let me refresh your memory, our fees are being used to pay off the note that KK owes to the Erp's. This is an improper use of our Rec. & Maint. fees. Before KK has fully paid for this goose that lays the golden eggs he has tricked us into repaving the roads for him.
Its nice to know that you haven't reneged on your word. What do you think about KK and the band of XXXXXXX that have reneged on SCS Covenents and Deed Restrictions? Unfortunately your complacency, and others is what got us into this mess. If we stick together there is a way out.
5/4/2011 OK, so now we are pitting "old timer" owners against "newcomers" at SCS. Would this be the "Greatest Generation" being challenged by the "Baby Boomers".
Everyone seems to know how we got to this point in time but no-one has offered a solution to its resolve.
That may be because there is no recourse. Ken and his associates own the amenities. They are theirs to do as they see fit. They have purchased them. As residents we have the privilege to use them if we so desire. There is no regulation saying he must give us the latest state of the art facilities. He is not obligated to see that every resident is happy with what he provides for us. He and his investment group did not purchase here "to have a beer with the boys", as he often has been heard saying.
His group did inherit the amenity structure, they should have fixed that the first day they took ownership but they dropped the ball. They certainly are not going to rebuild what now exists.
The bottom line is, they made this investment to get their hands on our fees. The fees are theirs, not ours to dictate to them how they should be spent. From what I have learned, it is all legal. I know this is difficult for many here to understand, but that is the way it is. The investors also have the exclusive right to change or terminate the Deed restrictions with no input from the residents. So I am paying what I promised to pay even though I now know things are not what I was told when I purchased here, but I was always taught not to renege on your word.
5/4/2011 Denial: Denial is the refusal to acknowledge the existence or severity of unpleasant external realities or internal thoughts and feelings.
Or: A refusal to grant the truth of a statement or allegation; a contradiction.
This along with complacency, is what is happening here in SCS now that many of the details of how this place has been and is now being run.
There are those who would place blame, arrogantly at times, on those attempting to correct the blatant improper management by Kirkpatrick and his investors here in SCS.
Five years ago, there were those who denied the existence of this web site because there were residents who posted here the growing problems under the rule of Sunny Erp. They would have rather sat back with blinders on so they could not see what was so obvious. Now, it has gotten worse!
Wake up people, your being screwed out of your money and your rights!!!
5/3/2011It looks like 5/2/11 ...yak, yak, yak' is pulling this back into petty comments. The pending lawsuit is definitely a positive in cleaning out the 'cancer' that has been allowed to grow over the years. Apparently there are still people who bought in here during the Erp era. If the issues had been taken care of during the earlier years by those homeowners, the new homeowners would not have to deal with this.
Keep in mind that Sonny Erp was a bonafide Developer and made his money from developing this subdivision/land, selling lots and houses, definitely not on homeowners' meager fees of less than $100 a month. Also, keep in mind early residents were buying into a community with new homes and NEW amenities. Out of respect, if the early residents had come out of retirement from 'real life' and did what the 'concerned citizens' are now doing, we would not be dealing with this. So to be critical is shameful. It is these same new residents who have to clean up the years of neglect, not just by Erp but also by the indifference of past residents. Years of neglect by both. The newer residents Care.
Incidently, KK is NOT a Developer. KK evidently purchased in here with plans that he would finance his business with our dollars. And it is evident that he assumed he could count on the unawareness and mindset of many residents..that is what he counted on. He is learning that there are those who are very aware. Unfortunately, 'getting a life' does not mean ignoring the realities of life. If there is anyone who wants to let themselves become victims, they have that right. Just don't get so bitter with those who do not want to just 'get a life' but 'get a good life'... there's a difference.
This website has been designed for all in this community, not for someone's reading pleasure....so there is a choice, read it or not.
If this website embitters someone so much as to say, and I quote, "Get a life or leave this nice place or LEAVE LIFE". That is vicious!
I would suggest that perhaps you find other reading material for your own health and welfare.
Hats off to those who truly care about this community for all ... and not just oneself!
5/3/2011 The pool was closed yesterday the health department made a visit and found the pool to be low on P.H It is open today We had made this complaint before and it fell on deaf ears They are jeopardizing our health by not keeping the correct chemicals in the pool and spa When water is added every day the chemicals deteriorate The pool is better but the spa is still losing water and pumping sand This is just one more reason KK can not be trusted We need a pool employee who has training and experience that we can trust to do the job right This has been an"old game" cut and save money at the expense of our health .Wake up and demand what you are paying for To us old folks our health is important.
5/3/2011 I'm really not sure what you were trying to say in your post:
"Sonny kept all the money from this goldmine to himself too , an did a LOT LESS for us..."
Are you telling us that KK is doing much for us in SCS so it's just fine for him and his "investors" to keep 50% of the amenity fees that we pay every month for the community upkeep and upgrades? If that is what you are saying, please list all KK is doing for us. I can list a whole lot of things, such as pool repairs and enough chemicals in the pool to make it safe, cracked tennis courts, no pickleball courts, rennovation of the CC, etc, etc, etc. that KK is NOT doing. If you are referring to the golf course, yes KK is keeping that up but he is doing it with OUR money which is illegal. The golf course is a totally separate part of SCS and none of our amenity fees should be used in any way for the golf course upkeep. I will wait for your explanation.
5-2-11 Today we had another example of the behavior of the "benevolent
dictator". The swimming pool was closed down by Marion authorities
because of insufficient protective chemicals. This Heritage Management
(for profit) organization has no limit when it comes to gouging the seniors
at SCS. To turn an extra dollar management thinks nothing of compromising
the health of SCS residents. Several people have come down with skin rashes
and worse. Could it be that Heritage would like to see people move out or die,
so that new home owners, with higher amenity fees, can move in?????
5/2/2011 Mr. Kirkpatrick,
You obviously are not familiar with the term "majority" The greater number or part; a number more than half of the total. The total homes here are in excess of 1600, your survey does not constitute a majority. Your emails states " out of 602 that responded 125 had no opinion. 263 said all is OK. 214 said we need a resident operated HOA." It constitutes a few who chose to reply to this ridiculous survey. Most of us did not answer not because we are content here, but because the survey was inappropriate under the current conditions. You can twist the survey anyway you want to, however it doesn't change reality. THE MAJORITY are NOT content here under your benevolent dictatorship. We won't go away because you choose to marginalize our discontent.
5/2/2011 Same old yak yak yak , tell it once an get on w/ your life , or MOVE !!!!!!!!!!!! Plenty needs to be done , but now nothing because of lawsuit. Sit down w/ the man , he would entertain that an react positively. We retired in here an from politics, an you do not speak for all of us. Get a life or leave this nice place or leave life. Sonny kept all the money from this goldmine to himself too , an did a LOT LESS for us...
5/2/2011 This goes back to KK's letter posted dated 2/23/2011:
While KK's explanation for setting up an 'operating account' in the name of Spruce Creek Recreation LLC (being a 'registered 55+ community, which it is NOT) 'sounds good', any problem of setting up an account in the name of Spruce Creek South Homeowners Association would have not existed if KK/Spruce Creek Golf had taken action prior to signing the Mortgage with Erp and legally set up the SCS HOA as governed by the recorded documents. Unless, of course, that was not KKI/SCG intent! Just needed an avenue in which to collect the Homeowners dollars. Keep in mind that the Erps had reinstated the SCS HOA on August 23, 2007 which definitely makes it an 'entity recognized by the state.
Chronological order of events:
1) August 21, 2007: Harvey Erp signs a document of "Reinstatement" for the Spruce Creek South Homeowners' Association, Inc.
Recorded on August 23, 2007 @ 8:05 a.m. with the Secretary of State, Tallahassee, Fl.
2) August 30, 2007 $7.6million Mortgage between Spruce Creek Golf, LLC (Kirkpatrick) and Spruce Creek Development (Erp) signed
by Kenneth B. Kirkpatrick as Manager for Spruce Creek Golf, LLC
3) September 04, 2007: Mortgage recorded with the Clerk of Court, Sumter County B-1834 P-709
4) September 07, 2007: Mortgage recorded with Marion County Clerk of Court Bk/Pg 4884/207
It is apparent, according to recorded documents in both Sumter County and Marion County that the Homeowners Association was indeed reinstated Before any Mortgage was executed. And all the procedures for reinstating this HOA surely was discussed and agreed to upon by both parties to the Mortgage. It was the responsibility of KK/investors to have planned and set in motion ensuring that the legalilty of this HOA was carefully followed (once again, governed by the Articles/ByLaws and Covenants). If they in fact had done this, there would have been absolutely no issues with setting up a bank account in the name of Spruce Creek Homeowners Assocation, Inc. Unless, of course, they had others plan on how to collect, deposit, and spend those dollars given monthly by the Homeowners.
Give this some thought..........
4/30/2011 Whereas there was approximately only 51% response to this Resident Survey, it is non-conclusive. Which should have been expected. Considering the weight of the existing violations/problems within this community, this survey had little significance to the majority of residents/homeowners. It is like having your house burn down but one gets distracted by 'should we plant a new tree in the backyard?" Awaken, folks! We have lived in here a good number of years, decades, without worrying if my neighbors' dog is big or little, is he or she going to hang their shirt to dry in their garage, or are they going to take down the Christmas decorations this week? Come on now........
Talking about rating 'Average', "Below Average'.....compared to What???? How many residents have actually visited other communities surrounding SCS. I have no doubt that if in fact they have visited these communities, they would be astounded and embarrassed by the conditions we find in here.........and to think that many of us pay 30% More in fees than the homeowners in these other communities! And any future homeowners will pay at least 30% More......what a welcome for them! Which, by the way, is the reason that so many of our houses are being sold for less than an older manufactured home (I have records verifying that)......because the fees are too high. So they are 'cut a deal' on the price on the home. Sad, sad day when you get ready to sell your home.
One final note, concerning the Open House 'policy'. First of all, I would like to know who set these 'policies' ...... management or Broker of Record for Spruce Creek Realty....one and the same person?????? Those 'policies' are not recorded nor is anyone really made aware of any 'policy".
Above all, out of respect to KK's posting, this 55+ Community is not governed by 'policies'....it is governed by documented and recorded 'Deed Restrictions"....attached to Articles of Incorporation and ByLaws.
And I repeat, We Are Not Governed By Policies! We are governed (or supposed to be) by Articles of Incorporation, ByLaws, and Covenant/Deed Restrictions that have been recorded with the State of Florida and/or Marion County.
4/30/2011 So another tier has been added to the pile of violations within this community. SCS "HOA President" Kenneth Kirkpatrick has arbitrarily appointed Officers from his own Heritage Property Management Company of Ocala to fill the positions of Treasurer and Secretary for the abused Spruce Creek South Homeowners Association. Hmmm
The annual "Not-For-Profit Corporation Annual Report for Spruce Creek South Homeowners' Association, Inc". was filed on March 10, 2011 Document # N32373. Nice of KK to inform the homeowners of Spruce Creek South... .did not happen. However, it is a good 'smoke screen' for the entire 'scam'. Now let's see if these non-'official' Officers fulfill their requirements.
First of all, they should backtrack and madly scurry about to make up for the past 3 years of violations.
"Mr. Secretary, (Jim Day)" is required to "(1) keep the minutes of the proceedings of the members and of the Board of Directors in one or more books provided for that purpose; ...........(3) be custodian of the corporate records and of the seal of the Association and see that the seal of the Association is affixed to all documents the execution of which on behalf of the Association under its seal is duly authorized;....................5) exhibit to any Director of the Association, or their agents, or to any person or agency authorized by law to inspect them, at all reasonable times and on demand, these ByLaws, the Articles of Incorporation.........."
As homeowners in SCS I am of the opinion that the 'any person' authorized by law to inspection....should include each and every current homeowner.......Are these minutes available, Mr. Secretary?
"Mr. Treasurer, Joe Fante" is required to "(1) have charge and custody of and be responsible for all funds and securities of the Assocation; (2) receive and give receipts for monies due and payable to the Association from any source whatsoever, and deposit all such monies in the name of the Association in such banks, trust companies or other depositories as shall be selected by the Board of Directors; .........................(4) cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal years; and (5) prepare an annual budget and statement of income and expenditures to be presented to the membership at its regular annual meeting and deliver a copy of each to the members."
These statements were quotes from the ByLaws of this Spruce Creek South Homeowners' Association. Very first violation which legally should/does cripple this entire association and its operation is the total lack of any Directors, of which the Articles of Incorporation required that "at no time would there be less than three" Directors...and yet that occurred in 2008 when the Erps deleted themselves from association as Directors and left KK as President (not Director) of this Association!!
I have no problem which bank the 'Officers' want to deposit OUR dollars in, but that account should be in the name of the Association, NOT in the name of their For Profit corporation!!
Where is the power of this Association to do anything!! And, if not, what power does a For Profit Corporation have to collect monies from homeowners within a community!! There is not nor has there ever been an agreement between the homeowners in Spruce Creek South and the owners of the For Profit Spruce Creek Golf, LLC to allow Spruce Creek Golf to collect monies from these homeowners, comprising of 1624 + residences. Think about this, neighbors!!!
4/30/2011 What is the real meaning of the survey results?
(1) Almost half our residents are not interested in what goes on at SCS.
(2) It is almost a split of those that did take the time to reply with regard to adjusting the amenity fees so everyone pays the same. Those wanting a change were divided how to do it.
(3) Most residents answering chose to say they like SCS the way it is.
What impact will this have on the mediator when shown the survey? There was nothing that required immediate attention from the results. This does not bode to well for getting massive changes here.
4/29/2011 This is the result of the Deed Restriction Amendments and Resident Survey.
relating to amenity fees. It is posted on the eneighbors.com website.
Leave fee structure as currently exists - 39%
Effective Immediately $133.93 for Homes and $257.60 for Villas - 34%
Migrate fees to a common rate over 4 years - 20%
Suggest another method - 7%
Those people who voted to keep it as currently exists are obviously the ones
paying the $98/month. You folks are not thinking straight. You will eventually
have to sell (we don't live forever) and the new owner will have to pay the
highest rate. I believe now it is $155. How quickly do you think prospective buyers
will line up to buy your house at that rate. If something should happen to you
and your kids take ownership they will be strapped with a house where the
value has gone way down do to the economy and the amenity rate has gone to
the highest level. Not a good situation for them.
The numbers do show that 61% do want something different. I hope that KK
and company looks at it with this thought in mind. The survey should have
given two options. Keep it the same or make it a fixed amount. The survey should
have explained how the fee goes up when you sell your house. I think this question
should be rewritten and voted on again.
4/29/2011 Below is what was posted today on the Eneighbors.com web site.
The question was asking about the need of a HOA at Spruce Creek South.
As one can see out of 602 that responded 125 had no opinion. 263 said all is OK. 214 said we need a resident operated HOA.4/29/2011
Am I missing something here! The highest result of another question was that the majority of residents are content here. It does not make sense with all the negative postings on this site. Please read the total results of the survey.
Attached are the results from the recent deed restriction ballot and resident survey. As usual, I’d appreciate your posting these on your site.
4/29/2011 Below is what was posted today on the Eneighbors.com web site.
The question was asking about the need of a HOA at Spruce Creek South.
As one can see out of 602 that responded 125 had no opinion. 263 said all is OK. 214 said we need a resident operated HOA.
Am I missing something here! The highest result of another question was that the majority of residents are content here. It does not make sense with all the negative postings on this site. Please read the total results of the survey.
4/29/2011 As a follow-up to previous email, I am wondering if there is even a legal responsibility to pay anyone a 'HOA' fee since there is a disfunctional, non oprational homeowners association. It has been registered each year......but no functional parts. It would compare to setting up what outwardly looked like a computer, but low and behold, its 'guts' are missing!!! This fraudent 'HOA' of which KK and his officers from Heritage Property Management have taken possession...totally disfunctional and not operating as the SCS HOA was incorporated for! Hmmmm
Our rights as homeowners have been literally and entirely stripped.
Just as the little blue light (or whatever color) lights up when the 'On' button is pushed, doesn't mean it is going to be functional until you start putting it into operation. And you know what, Folks.....this HOA is totally crippled, disfunctional and 'dangerous' per se to the health and welfare of this community!!
4/29/2011 Many of the residents may or may not be aware that KK filed the 2011 Not-For-Profit Corporation Annual Report with the Florida Secretary of State on March 20, 2011. This is the document which was intended to establish/reconfirm the existence of this NFP Corporation, 'Spruce Creek South Homeowners Association, Inc.' First filed by Mr. Erp as he was the Developer of this commuity.
There have been many previous postings urging the residents to become familiar with the Articles of Incorporation and ByLaws for this community....requiring the 3 Directors and 4 Officers.
Once KK purchased these combined 23 parcels, KK was registered as P (president) with Harvey Erp and Brenda Erp as 2 Directors, filed on March 4, 2008. Even this was a violation of the significantly important Articles of Incorporation which clearly dictates that there 'shall never be less than three.' Only one Officer rather than 4.
On March 2009 the Report was filed, dropping all Directors (the 2 Erps) with only KK as President. Thus, there are NO Directors.
So for the filings of 2009 and 2010, there is ONE SOLE Officer, President KK.
Then, upon the surfacing of events which should lead to a major lawsuit, KK decides perhaps there needs to be 3 of "something", so 'magic'!..On March 10, 2011 KK files the Report, showing 3 Officers (still no Directors, not 4 Officers as required by the recorded ByLaws).
And who should those Officers be???.....Norbert J. Fante, Jr. as Treasurer and James E. Day as Secretary!...Both of whom are officers for Heritage Property Management.....of which Mr. Kenneth Kirkpatrick is none-the-less than President!
This is just another activity to make it 'appear' that what he is doing is up and aboard!! Don't be fooled. If he had full intention of doing us right, he would immediately stop spending his dollars on his personal debts as well as those areas within the community where our dollars are not to be spent, again namely the golf course and all its related amenties, appurtenances, and expenses. And he would start immediately transferring those many dollars (over $2 million) into expenditures on the community building, fitness center, pool, spa, tennis courts, etc etc etc. There is no intention of doing so. Don't be exploited!!!!!
I have met people who know they have been 'taken' by someone and yet they will say, "Oh, he (she) seems so nice.....they did this and that....took us to lunch, ya-dee, ya-dee)....but think about it....I am sure Madorf didn't walk up to his 'victims' and say "I hate your guts!!....will you invest in my ponzy scam?" And I am sure he wined and dined his 'new friends' in the finest of restaurants. Think about it...that is usually the 'nice guy' personality who is able to exploit unsuspecting 'victims'. Don't let yourselves to become victims of anyone!!!
4/29/2011 AS FAR AS I KNOW KK IS DOING NOTHING TO AMEND ANYTHING THAT NEEDS AMENDING IN THIS COMMUNITY. THERE ARE NO MAJOR RENO'S. SAY WHAT HAPPENED TO THE ROADS, HAS THAT STOPPED TOO??? HE IS DRAGING HIS FEET, IN HOPES THAT MOST OF THE HOME OWNERS WILL BE GONE FOR THE SUMMER AND THIS WHOLE MOVEMENT WILL DIE OUT. I THINK NOT, WE ARE NOT GOING AWAY, WE LIVE HERE AND ARE EXPOSED TO ALL THAT IS IN THIS COMMUNITY EVERY DAY OF OUR LIVES.
WE WANT TO HAVE IMPROVEMENTS MADE TO OUR COMMUNITY CENTER, NOT THE GOLF COURSE, WE WANT THE BATHROOMS UPDATED, WE WANT A NE DECOR IN THE COMMUNITY CENTER, WE WANT THE POOL TO BE IN TIP TOP SHAPE AND NOT LEAK AND HAVE TO SPEND ENORMOUS AMOUNTS OF DOLLARS TO HEAT THE WATER THAT IS LEAKING OUT AND THEN HAVE TO REPLACE THE WATER WITH NEW WATER, AT THE COST OF WATER YOU FIGURE IT OUT. THEN THERE IS THE TENNIS COURTS WHATS WITH THAT AND ALL THOSE CRACKS, ARE WE PLAYING TENNIS OR HOP SCOTCH???? OH PLEASE MR. KIRKPATRICK CAN WE ALSO HAVE SOME PICKLE BALL COURTS WE DON'T HAVE ANY, EVERY OTHER COMMUNITY DOES, WHAT ARE WE SO OLD YOU THINK WE CAN'T PLAY THIS GAME????
MR. KIRKPATRICK HOW CAN YOU SLEEP AT NIGHT KNOWING THAT YOU TREAT US THIS WAY. WHERE DO OUR AMENITY DOLLARS GO??? THEY CERTAINLY AREN'T GOING FOR THE GOOD AND WEALFARE OF US. I WOULD LIKE AN ANSWER????
4/29/2011 I am more than glad to share personal communication with SCS residents for your own assessment and thoughts. History: When it was evident that we have a serious problem here, I requested that automatic deductions from my bank account be stopped and that the coupons be mailed to me to pay for my monthly amenities fee.
Attached are copies of: 1) First letter from Joe Fante, Controller, at the time he mailed me the coupons. 2) My response to his letter 3) My response from J.Fante
A copy of the letter sent to Lucille Stoddard, Bookkeeper, was sent to J. Fante also. I will follow this tomorrow with my correspondence to Ms. Stoddard.
I do not have months or years waiting on lawyers to decide which road to take when the directional signs are well posted and easy to read. Time to go forward to protect myself and take my position which I believe is headed in the right direction....and well supported by all the legal, recorded documents which have been filed with the county and the state by KK himself.
Fortunately there are those within our community who have been able to search the website and follow the paper trails even though they have gone in many directions....like a scavenger hunt. We've got noses like bloodhounds. (A little humor for our day. I strongly believe that a sense of humor is a God-given survival tool!)
Read and contemplate the correspondence. I might add that I never did receive the courtesy of a response to my letter to Mr. Fante. He said "....I will address those at a later date." That was nearly 3 months ago!! And as far as the issues regarding the exercise equipment, it has only become worse. When I went into the unfit 'fitness' center later, I found nothing had been improved upon; in fact there was an additional 'home grown' piece of equipment and a second sign posted behind it saying basically 'Use at Your Own Risk. Very dangerous' !!!!!!!! And that is equipment that has been placed in a fitness center for Senior citizens!!!!!!!!!!!!! "Is anybody home 'in there' " Insane!!!
Have a good day, folks.....and maybe stay out of the 'fitness center'!!! Cheers!
4/29/2011 How many residents are familiar with this title of a current game show on television??
I agree with the resident who sent comments on 4/25/2011. I am wondering if the attorneys that are supposedly representing SCS residents and the 'management group' are 'smarter than a fifth grader'. I think the compilation of recorded and documented information clearly reveals 'cut and dry violation of law'.....and a good question, 'why can't they see that'? I also agree 100% with writer....'The time for BS meetings.....has passed.' I don't believe the residents here at SCS have to compromise anything!...I believe the large majority of residents have fulfilled their obligation in paying their HOA fees (which the fees are supposed to be), amenities fees but the 'management' company who is handling those dollars have grossly fallen down on their responsibility to spend those dollars in the manner are very clearly defined in the ByLaws for this community. They have certainly not fulfilled their obligation to this community! It is time to go forward and protect our investments.
It is my understanding when this whole thing started that there were 'investors' (silent partners) who wanted KK to do whatever needed to be done to 'take care of this' and that they didn't want it to hit the media. Well, in spite of the exploitation and injustice against the residents of this community, we have given them plenty of time to do what is right to the residents. Don't want the media to hear about it????.....They should have thought about it when they started this whole scam. We may not be the brightest of folks, but we sure are not stupid!
I'm with you, 'buddy'.
4/28/2011 Today, April 28, 2011 at 10:20 AM I observed a SCS truck and a CC person painting a overhead garage door on 176th St and 102nd Ter. This is a private residence being worked on by a SCS employee on company time with monies we pay in the form of amenity fees. Something stinks about this arrangement. Also to be noted is that this same residence had their front post lamp pole, light fixture, mail box, and paper tube replaced a while back by this same SCS CC employee on company time. By the way, it was a lousy job with the paper tube partially hacked off and considerably higher than the rest in the neighborhood!
4/28/2011 I do not believe public officials in Marion County would be against what our owners do with our amenity fees. That is unless there is a definite case for outright fraud or other offense against an existing law.
Actually townships and counties love PUD housing. They get a free tax base from residents. The largest part of our taxes goes toward schools. How many kids go to school from SCS? The county does not maintain our roads. Are you paying our owner ten bucks extra a month for road maintenance? I am. What about the cost of mowing the medium strip along our roads? The county does not do that at SCS. What about police protection? We pay for the cost of sheriff patrols here, not your tax dollars. We even get billed for a ride in the county EMS vehicles. Basically it appears we get nothing for our many tax dollars. The county loves that!
4/26/2011 In answer to the below e-mail------ Since the start of this site there have only been 2 e-mails that were not published. They were returned with a request to clean them up if they wished them to be published. If one of your e-mails has not been published or returned to you with a request to clean it up, please resend it. To answer another question ---- There is no set time or day for e-mails to be published. The site tries to be as prompt as possible but, since retiring , schedules are subject to change at any moment.
4/26/2011 When do you think the abstract I submitted will be published in ourscs.com? ;
If this will not be published, would appreciate your letting me know. Thank you
4/25/2011 HAS ANYONE INVESTIGATED THE FEDERAL LAWS CONCERNING 55 AND OLDER COMMUNITY
LAWS UNDER HUD. HOW ABOUT THE IRS SINCE THEY GET A TAX BREAK. JUST ASKIN BECAUSE
WHOEVER IS IN THE GROUP IS DOIN A HECK OF A GOOD JOB. SORRY I DON'T KNOW YOUR
NAMES BECAUSE I WOULD LIKE TO THANK EACH ONE OF YOU PERSONALLY.
4/25/2011 Talked with United Focus, Hugh Haggerty, who's familiar with our HOA/developer, made reference to "scoundrels" at SCS who have taught Marion County developers how to live lavish lifestyles in perpetuity.
United has astounding website that is indeed admirable for volunteer group - hahaggerty.com/cherrywood - ( do we have anyone who would have time/interest to research/utilize links, publish info on ourscs?)
Janice, you have a special talent for research and explaining concepts so anyone can easily understand. You will LOVE below website!
Particularly informative - is FL's largest statewide HOA advocacy organization - ccfj.net - (cyber citizens for justice Florida). Wealth of info on FL laws, 2011 legislative session, HOA lawsuits, criminal investigations, homeowner remedies in Small Claims Court, etc etc all on one great website. The probs we are having are epidemic thru county and state; much has been done; local/state govt not committed to correcting injustices/conducting criminal prosecutions.
FYI - SCS office says no new deed restrictions - not enough SCS residents returned their votes to pass revised deed restrictions. Does anyone want to follow up with SCS office to confirm - then publish on ourscs.com?
4/25/2011 "Dear Neighbors, In response to talented researcher/writer who enlightened us and raised question on date1/28/11 on website - why we would send amenity checks to Tampa bank (that does not have an office in Tampa?) Companies' (like Heritage/Spruce Creek Recreation) hire banks to have a post office box for quickness of payments. It's to expedite payments thru mail so bar coding is done right at the post office and delivered during the night to this lockbox at the bank for processing. In short, common practice for companies that want to get their hands on the money proto quick! Thanks are due to all our neighbors who raise questions and do extensive research on website. Keep those questions, observations and answers coming!!!! "
4/25/2011 Thank you for the information as to where the money is going, or at least appears to be going.
However, has this information been brought to the attention of the attorneys that represent us through the Concerned Spruce Creek Citizens? They should have discovered this on their own while researching the case at hand.
I have said this before and will say it again, it appears to be a cut and dry violation of law, why can't they see that?
Why is taking so long to bring this to a LEGAL conclusion in a COURT OF LAW? File a complaint and move forward with it.
And while I'm at it, has the second mediation meeting been scheduled? I know, gag order.
Was this apparent violation of law brought up at the first meeting?
The time for BS meetings with Kirkpatrick and his people has passed. They are just drawing this out hoping that interest will be lost by the residents.
Thursday, April 21, 2011 8:57 PM
When you get to 'Board Minutes' you will see 3 choices on the right. Click on "Developers Financial Reports". When you get there you will find communities in alphabetical order. Page down to "Spruce Creek and Recreation and Maintenance Subdivision" under which you will find the reports for Spruce Creek South for the years 2007-2010. (plus a few reports during Erp's reign) The report posted in 2011 is for 2010 activity, 2010 is for 2009 activity, etc.
The reports from 8/31/2007 through 12/31/2010 show that $4,004,451 was used for the acquisition of this community by Kirkpatrick and his band of XXXXXXX. (2 lines: Debt Service and Depreciation/Amortization total $4,004,451) Amenity fees are not allowed to be used for Kirkpatrick's acquisition of Spruce Creek South.
Please refer to your DEED RESTRICTIONS and this is what they say.
Under Article VI, Section 8, Covenants for Maintenance Assessments, these fees can only be used for the common and recreation areas. Article I, Definitions, Section (i) state that the "recreational area shall not include the golf course, or golf course amenities such as a clubhouse, pro-shop, maintenance buildings, restaurants or appurtenance thereto."
Do you golfers enjoy buying the golf course for Kirkpatrick and still pay a fee to play??? I am serious. When are you going to revolt??? How would you like it if a thief stole your golf clubs and then charged you each time you wanted to use a club. That's what's happening here. What can you do about it? Here is what you can do.
File an online complaint with the Office of the Attorney General of Florida, Pam Bondi. The site is: myfloridalegal.com Under 'contact us' you will find a form called "ECONOMIC CRIMES CONTACT FORM" which can be filled out and filed online. I suggest you collect your thoughts and have your facts clear before you fill out the form. The more noise residents make the more it helps. Remember "the squeaky wheel gets the grease."
I filed my complaint yesterday and received an online acknowledgement from the Attorney General's office. I suggest you do the same. The deed to Spruce Creek South says Kirkpatrick's company, Spruce Creek Golf, LLC owns the amenities. According to Kirkpatrick's 2/23/2011 letter on this site "Spruce Creek Recreation, LLC is entirely owned by Spruce Creek Golf, LLC." So make your complaint against Spruce Creek Golf, LLC.
You will need the following information when you file your complaint. The address of Spruce Creek Golf, LLC is P.O.Box 2495 Ocala, FL 34478. Marion County. The phone number is 352/347-7199. The date of the transaction is 8/31/2007 to present. The amount is $4,004,451.
The explanation area can include facts about the violation of our deed restrictions in that no fees can be used in any capacity for the golf course, restaurant, clubhouse, pro-shop or maintenance buildings; facts about how the amenity fees are being used for the acquisition of SCSouth by Kirkpatrick rather than repairing, maintaining and replacing the amenities in the community.
Thank you for your help in fighting for the rights of our community. I'm the "Detail Dude."
And yes, I am attending the May 3rd Marion County Commissioner's Meeting regarding the need to have Developer's Financial Reports be more detailed for full disclosure. Those Developers who have nothing to hide give full disclosure. But not Spruce Creek Recreation, LLC or Spruce Creek Golf, LLC. They have much to hide.
3/21/2011 You are most welcome. Excuse please, corrected e-mail address for Reporter Thompson, it is:
4/20/2011 Dear Neighbors, SCS residents might want to read above referenced newspaper article reported by Bill Thompson, Star-Banner Staff Writer (email@example.com;867-4117. "County could end fee reports" - LAW OBLIGED DEVELOPERS TO FILE ANNUAL FINANCIAL STATEMENTS ON HOW AMENITIES FEES WERE USED," "Group wants county to crack down." Below is general information from Reporter Thompson's article (with a few personal comments.)
Mr. Thompson reports that Marion County Commission's chief legal advisor recommended yesterday that the Commission repeal (kill) a decade-old law requiring greater financial transparency for local developers' reports about how they spend homeowner amenity fees. (These are developers like Heritage or Spruce Creek Golf or Spruce Creek Recreation or whoever is in charge of spending residents' amenities fees.) The recommendation from the Commission's legal advisor has apparently been in response to a organization (United Focus Group) that bombarded the Marion County Commission with complaints about the lack of detail in the reports filed by the Zacco family, who are developers of the Cherrywood Estates community in the State Road 200 corridor in Ocala. United Focus Group is urging our County Commission to strengthen/change the ordinances (law). This group wants to have more transparency/openness in developers' financial reports. United is advocating/asking that reports be examined by independent accountants and this group want a crackdown on developers who didn't comply with filing financials - so that homeowners know where their limited fixed incomes for amentities go (sound familiar?????)
Marion County officials say they do not track who needs to submit financial statements (like Heritage nor do they actively make developers (like Heritage or formerly Sonny Erp) comply with the law. And, they also say they rely on Marion County residents to bring complaints about a lack of disclosure. However, when United Focus Group, bring complaints about lack of financial information from the Zacco family relating to how United's money has been spent, the Marion County Commission's legal advisor finds several reasons why the Commission cannot or will not help Marion County taxpayers. These taxpayers, who, like us, probably pay hundreds of thousands of dollars each year in amenity fees - but don't have a clue as to exactly into whose pockets the money goes or how funds are spent. We seem to be in the same boat as United homeowners, don't you think?"
The Marion County Attorney, Guy Minter, has recommended that the Marion County Commission schedule a public hearing to consider repealing/killing the law that requires developers, like ours, to make financial disclosures. The Commission agreed to set a date for the repeal hearing at its meeting on May 3rd.
Does anyone think Spruce Creek South residents need to join United Focus homeowners at this Marion County Commission hearing on May 3rd?
4/20/2011 The following is an article in the April 19th Ocala Star-Banner. I think it's about time for people to contact their legislators, commissioners, etc. Since when does a government pass a law that can't be enforced? There are many people living in developments in Marion County and they should let their voices be heard. Unfortunately, it appears the "Board" will hold a public hearing after the snowbirds have returned north. Please residents, stay on top of this issue. It appears that Management can do anything it damn well pleases - and this is not right!
County considers repealing developer financial disclosure law.
Published: Tuesday, April 19, 2011 at 5:47 p.m.
Last Modified: Tuesday, April 19, 2011 at 5:47 p.m.
Saying it is too difficult to enforce, the Marion County Commission’s chief legal adviser on Tuesday recommended that the board repeal a decade-old law requiring greater financial transparency for local developers.
It’s unclear when that might happen. But some who pushed to make developers open their books in the first place will likely not be happy about the latest wrinkle in a long-running debate.
At issue is an ordinance the County Commission enacted in July 2000 that obliged all developers of subdivisions within the county, or the owners of the common areas, recreational facilities and other properties serving them, to file an annual financial statement.
The ordinance requires developers to itemize and disclose how they spent the amenities fees collected from the community’s residents.
Commissioners approved the ordinance to give teeth to a similar state law enacted in 1995 that many county residents had maintained was simply being ignored by the developers.
The financial statements were to be filed with the county within 75 days of the end of the community’s fiscal year. The Marion County Court Clerk’s office subsequently posted them on its website.
Although once cheered as a victory for homeowners’ rights, the ordinance had come under new criticism recently because neither it nor the state law it was modeled after spelled out which expenses must be itemized. Thus, the details of the reports varied by community.
In recent weeks, an organization known as the United Focus Group blitzed the board with complaints about the lack of detail in the statements filed by the Zacco family, developers of the Cherrywood Estates community in the State Road 200 corridor.
The group urged the County Commission to retool the ordinance to establish more transparency in the financial reports — partly by advocating they be examined by independent accountants — and to crack down on developers who didn’t comply.
According to the ordinance, the county Code Enforcement Board could levy a fine of up to $1,000 a day for a first offense, or up to $5,000 a day for a subsequent offense, for noncompliance.
And while the developers of 23 communities have filed their reports, county officials have acknowledged recently that they do not track the number of subdivisions that must submit a financial statement or actively seek to make developers comply. Officials say they rely on residents to bring complaints about a lack of disclosure.
On Tuesday, County Attorney Guy Minter offered his review of the issues raised by the United Focus Group.
“I have a significant question whether the county’s ordinance on that issue is enforceable [and] whether the board had the authority to adopt that ordinance in the first place,” Minter explained.
Minter then recommended that the board schedule a public hearing to consider repealing the ordinance.
The board agreed to set the date for that hearing at its May 3 meeting.
In a written review of the issue, Minter concluded that the ordinance did not establish the County Commission as “judge” of whether a financial statement meets the criteria outlined in state law.
Minter also indicated in his draft report that the ordinance’s penalty provision only kicked in when a developer failed to file a report at all.
The state law, he added, was vague about how detailed the report should be. Moreover, it did not provide a standard for measuring compliance, nor identify any penalty for failing to do so, he added.
Further hobbling the enforcement question, Minter wrote, was a 2001 opinion from the state attorney general’s office that said a non-charter county such as Marion could not impose “more stringent” reporting requirements on a homeowner’s association than found in state law.
It was likely that the attorney general would say the same for the law pertaining to developers, Minter noted.
Hugh Haggerty, treasurer of the United Focus Group, responded to a request for comment with an email that said: “This is how they pass the buck. Now they will not have a problem
4/20/2011 Nice pic! :-0
We know where our amenities are going! Just take a look at the annual financial reports that were filed by KK himself for the lst 3+ years; filed with Marion County as required by law. However, instead of our SCS HOA it is his Spruce Creek Golf counterpart, Spruce Creek Recreation; all of which are OUR dollars. Over 50% spent on the debt that he/they (KK and co-partners/investors) entered into when they purchased certain parcels of land and related amenities back in 2007. Quite evident that their focus was on the purchase of a golf course and related amenities (then throw in those amenities which were of lesser interest to them; i.e. clubhouse, pool, etc.), knowing very well that they could collect all the dollars from the homeowners to pay their mortgage and maintain those parcels which would be of the most value in their investment.....imagine, not one dollar having to come out of their own pockets! They have known what they were doing from Day 1 !!
That's where our dollars are going! I would recommend that every homeowner in here print out a copy of the report posted on this website and keep in their files. In fact, I would recommend that every homeowner request that a copy of the annual financial report for every year past (since purchase in 2007), present, and future be provided to them.......which is required of them to provide to us. After all, it is OUR dollars that are being spent on THEIR investment and has had a very negative impact on the value of our homes.
This may sound repetitive, but we need to keep that forefront!! Let the drums roll!
4/19/2011 Here is a picture of the common ground on 108th Terrace.
Come in the main gate and take your first right. Picture
taken 4/19/2011. The grass/weeds is about a foot high.
Where are our immenity fees going?
4/19/2011 Sorry, but the fact that KK has had someone 'wash the backwall' is much more of an insult than making an honest attempt to undue the wrongs that he has done to this neighborhood and its residents. Just the fact that it took management so long to clean it up is disgusting.....even the more so that the residents have to complain so much in order to get the least of things done! The main focus of management/KK appears to get their personal debt (mortgage with Erp) paid off...spending the fees paid by the homeowners! And getting the golf course in top shape so that down the road he can sell it to someone else! I think the first thing they need to do is repay the residents for all the many dollars that were totally misused. There are no 'thanks' from here! In fact, I want my dollars repaid to me!!
I think KK and his group should stop collecting any fees until he/they have returned to the residents the many dollars they have misspent.....dollars that have been spent for the very things which the ByLaws of this community forbid!!! And failing to spend the dollars on those important amenities which the dollars were supposed to be spent on according to the same ByLaws!
All this 'tidying' up is a farce... making us think they are trying to do us well! I would like to see them repay to us the many, many $$they have exploited from us!!!
4/16/2011 I just came into the community through the back gate and actually saw a crew power washing the wall in front of SCS. Do you think our complaints are finally being heard by management? When I asked about the filthy wall last year, I was told it didn't belong to us. Linda said it belonged to the shopping center.
Why then is the Spruce Creek on the sign that is on the wall? It's a small thing that the wall is being cleaned, but, hopefully, it's a start. Should I thank KK and company?
4/14/2011 Ocala Star Banner Article
This is an article that was published on Monday, April 11, 2011 in the Ocala Star Banner. It talks about the requirements in Marion County for developers to abide by the law in filing financial statements.
"While the Code Enforcement Division remains responsible for ensuring compliance, Jergens said the county worked on a ?complaint-based system? that relies on the public to bring the shortfalls to the attention of county officials ? in the hope they can be resolved.
Haggerty said his group would like to have all of the financial reports reviewed and verified by a certified public accountant."
?If a CPA has to look at their books,? Haggerty added, ?that's going to expose a lot of these crooks.?
The phone number for the County Commissioners in Ocala is 352-438-2323.
4/7/2011 If 'management' says they cannot afford to do repairs and replacements at the community center, pool, fitness center and tennis courts, etc. it is because the money on the golf course and its related amenities....plus the mortgage relating to the same.... those are the things that the Deed Restrictions specifically stated the money was NOT to be spent on. Extreme violations......and exploitation of the residents!
The Dictionary defines exploitation as "to take advantage of (a person, situation, etc) especially unethicallly or unjustly for one's own end."
The Thesaurus has synonyms for exploitation: "corruption, breach of trust, fraud, crime, extortion, profiteering, mishandling, unscrupulousness" and on and on. Not very pretty.
In Florida exploitation of Seniors is not a popular thing....you have seen the media report a lot of those situations! Hmmm
4/7/2011 To follow up with the poster from 4/6 who spoke about management's failure to follow the deed restrictions, but sends letters to residents who are in violation, I agree with everything you wrote. I certainly hope management has sent themselves a letter about the tile roof on the CC. It's looking green again and I'm wondering if the reason it hasn't been cleaned in a few years is because it is getting old and they are afraid that cleaning the roof will damage it. It would be expensive to replace the roof and we all have been told that management "can't afford" replacements. If it can't be repaired cheaply, then "Band-Aid Ken" ignores the problem.
Another problem is the dirty front wall, the one that has kudzo planted on the inside of the wall to cover up dirt and cracks. When I asked about why the wall facing 27/441 hasn't been painted to clean it up, I was told that Spruce Creek doesn't own the wall and it is owned by the shopping center. Why then does it have the Spruce Creek sign on the wall if it isn't owned by the community? The green mildew on the wall doesn't say much for SCS and why would any potential buyers want to come in and look around for a house to buy here?
4/6/2011 If a person is peeping into my garage , you are considered to be a Peeping Tom. Do you, also, look through my bedroom window to see if my clothing is stored to your satisfaction, or if I might be dressed properly? My laundry is drying in the garage and will continue to as needed. Send me a letter to verify you are looking into my home so I can report you.
4/6/2011 It is amazing to me that "management" requires that the residents strictly adhere to the Deed Restrictions for SCS and have letters sent out to us for such things as 'dirty driveway', a little dirt on the roof or side of our homes, light bulbs and 'hanging clothes to dry inside our garages!...while they are blatantly, continually and extremely violating one of the most important restrictions:
On pages 3 and 4 of these same Deed Restrictions (a copy of which you should have received upon purchasing a home in here and same ones used today), you will read page 3 (i) "Recreational Areas" defines recreational areas to include a club house, pool, tennis courts, handball courts, shuffle board courts, areas being used for recreational, social and cultural purposes; and continuing on page 4 .... "The term "recreational area" shall not include any golf course or golf course amenities such as a pro shop, maintenance buildings, restaurants or other appurtenance thereto which may be constructed by the Developer and shown on any Additions to the Subject Property." And that is a direct quote from this document.
On page 9 it reads that the assessments are to pay for Common Areas and Recreational Areas.....and at the same time it has been specifically stated on page that 'the term "recreational area" shall NOT include any golf course............" And yet 'management' blatantly and continuously violate this very important restriction!!
Management is very insistent that we adhere to the deed restrictions via letters, threats of fees, charges, etc. How much more should the residents rise up and adamantly require that management adhere to the restrictions as well.....and the more significant restriction and stop using our money in those areas where are dollars are NOT to be spent.......While neglecting the 'recreation areas' where our dollars are supposed to be spent. We have to beg and plea that they keep up the areas that they are required to maintain, repair and replace. Tennis courts, pool, fitness center, etc etc. They are in much deeper violation of the recorded Deed Restrictions than all the residents put together!! They require us to obey the 'rules'....it is high time that they start obeying the 'rules/restrictions' as well.........lest just maybe they need to gets some letters, etc. from us!
Our standing up for our rights is way overdue! They are taking our money!!..It is documented very specifically how that money is supposed to be spent!! Let's exercise our rights and make demand that they stop this gross violation!
4/01/2011 To the person who asked if "Daddy Warbucks" would actually spend some of our amenity fees for more paint to convert the 2nd tennis court to a pickleball court, never mind new tennis courts or real pickleball courts: You know KK and company "can't afford" that. Hell, they can't even afford a decent size American flag on the flag pole in front of the main gate. This flag was suppose to have been "on order" for several weeks. Foolish me, actually believed the replacement flag for the old, shredded one would be large enough to be seen on the high flagpole instead of the little thing that is actually smaller than the one I have on my personal flagpole. What an embarrassment. Where is their pride in their investment, even though they are paying for it with OUR amenity money.
4/01/2011 Okay, I am very puzzled. Management has sent letters to "offenders" who are hanging laundry in their garages(not outside). Now, tell me the difference in the legality of garage "hanging" and rack "hangng" in broad daylight. I believe, if you are conserving energy, the EPA would agree that either method is acceptable. If management knows of a difference in the "hanging" laws, please enlighten us. Just trying to be a "greenie".
3/30/2011 Ref: “SCS is a business” The writer that clarified the true definition of the phrase “Spruce Creek South” is correct. The term “SCS” was used freely to mean our community as a whole that is our roads, community center, pool and other physical attributes minus the golf course.
To explain my statement, I was referring to the marketing rights of the amenities at SCS, its common grounds and facilities. They can be bought and sold. This is the business part of living at SCS to which I was referring.
On your suggestion to read our deed restrictions. I retrieved my copy given to me several years ago at the settlement of the purchase of my home. (I think they are the ones that were given to the original owner of my house).
I must say, the covenants do seem to favor the DEVELOPER! Yes, there was a non-profit corporation incorporated by the developer. Its purpose being to create an entity for organizing and exercising the recreational, social and cultural activities of Spruce Creek South. The corporation being known as, Spruce Creek South Homeowners’ Association, Inc.
So far, so good, now the problem surfaces. From previous postings on this site I was able to find and download these Articles of Incorporation. It is stamped; FILED 1989 MAY 18 am 11:10 SECRETARY OF STATE TALLAHASSEE, FLORIDA……BK1583 pg 0268.
It covers residents of Spruce Creek South I, II, III and IV.
The document is followed by a twelve pages of bylaws of the above mentioned association.
The first board of directors are listed as, Harvey D. Erp, Brenda J. Erp, and Harvey M. Erp, all had the same Ocala address.
My questions to anyone that may be able to enlighten me are:
(1) Is there anyone at SCS that knows of, or has attended any HOA meetings?
(2) Are there minutes of such meetings? If so where are they?
(3) Are there any former resident officers of said HOA now living here?
(4) Did the first meeting as outlined ever occur?
(5) Were the bylaws ever repealed by the first board?
It would seem all our problems of lack of representation in decisions made at SCS over the years can be traced to the current legal status of the documents stated above. It would seem to be a simple task to determine if they are yet valid or are they worth only the paper they are printed on.
3/30/2011 DEAR MR. KIRKPATRICK
THIS MORNING I BIKED OVER TO THE TENNIS COURTS AND WHAT DID I SEE. WELL SINCE YOU WEREN'T THERE I WILL TELL YOU. I SAW 2 TENNIS COURTS BEING USED FOR PICKLE BALL PLAY. NOW YOU AS WELL AS I AND THE REST OF US HERE IN SPRUCE CREEK SOUTH KNOW THAT ALL YOU GAVE US FOR OUR AMENITY DOLLARS WAS ONE TENNIS COURT WITH PICKLE BALL LINES PAINTED ON IT, WE ALL THANK YOU FOR YOUR BENELALENT GENEROSITY, BUT DO YOU THINK IT'S IN YOUR BUDGET FOR ALITTLE MORE PAINT FOR MORE PICKLE BALL LINES PAINTED ON THE SECOND TENNIS COURT?????? OF COURSE THE RIGHT THING TO DO WOULD BE TO PUT IN NEW TENNIS COURTS, AND AT LEAST 4 NEW PICKLE BALL COURTS!!!! HOW BOUT IT DADDY WARBUCKS SHELL OUT INSTEAD OF LINING YOUR POCKETS WITH ALL OUR HARD EARNED DOLLARS. THE SENIORS HERE AT SPRUCE CREEK SOUTH WOULD BE EVER SO HAPPY.
LOOKING FORWARD TO YOUR ANSWER, AND DON'T TELL US IT'S ON ORDER, WE'VE HEARD THAT STORY A HUNDRED TIMES OVER, WHO DO YOU THINK YOUR DEALING WITH HERE, A BUNCH OF SENIORS WITH SHORT MEMORYS. I THINK NOT SIR......
3/28/2011 In response to recent input of 3/26. I agree that we should not directly aim at people but rather at issues and knowing a number of concerned residents' I am confident that these residents appreciate those persons who have volunteered over the years.
The concerned residents are also very good people who have taken the time, efforts and monetary responsibilities to attempt to stop the injustices which have been done by the Owners of the management company, as well as its related entities (Spruce Creek Golf, LLC and Spruce Creek Recreation, LLC). It is just very unfortunate that the residents under the previous Developer/Owner were not aware and/or chose not to review their legal rights as granted to them under the SCS Homeowners Association's Articles of Incorporation, ByLaws and Restrictive Covenants and Deed Restrictions. Thus, the very unfortunate situation we are in today.
Concerning the statement "SCS is a business, repeat, SCS is a business." I am not sure just what his/her understanding is of SCS but I believe most residents assume SCS means "Spruce Creek South". Spruce Creek South is NOT a business! SCS is a PUD/subdivision which was plotted, presented to the County for approval and then recorded with Marion County. It is a large parcel of land and was given this name simply to identify the subdivision that was to be developed. Purpose was for identity in selling parcels of land for residential development. When you buy and sell any lot/residence in a 'subdivision'/PUD the Warranty Deed showing just exactly where this home/property is must, repeat MUST, contain the name of that subdivison; otherwise, it could be a Lot # in Block # who knows where.....the subdivision Name MUST be identified. Thus, Spruce Creek South.
On the other hand Spruce Creek Golf, LLC is a 'for profit' corporation. However, it is not the responsibility of the residents of this community to support the expenses of that corporation. In fact, the Deed Restrictions specifically state that no dollars of the association/asssessment fees are to be spent on the golf course or any of its related amenities/appurtances. Profit, fine....but that profit is NOT, repeat NOT, to come from our fees!! See previous postings.....read your documents in their entirety. Our legal, recorded documents will prevail over the illegal profiting from our fees by Spruce Creek Golf LLC and its related entities.
3/26/2011 Having read several negative comments directly aimed at the people that spent two years going over our deed restrictions with the intent of updating them or at least clarifying some of the wording I wish to comment on the character of several of those people that have been maligned.
3/28/2011 Volunteers are a good thing. This great country of ours was founded mainly on volunteers from one time or another.
However, many time things begin to take on a much different complexion when the volunteers step up because they have a hidden agenda.
I'm not saying all but there are those that do. Having one or even two in this Kirkpatrick group would not surprise me one bit.
Think about it...
First of all, they all were volunteers that responded to an appeal from our current owner that put a call out in the Hi-Neighbor for those interested in meeting with management to improve said deed restrictions for at that time there were many that had complained of the antiquated covenants.
Remember this was when the current owner had only been here for one year, long before the current petition drive.
From what I understand ten people came forward to do this thankless task out of over 1600 homes.
When one reads their names you will find several have been active in clubs and have been leaders of our community over the span of many years.
Three of these people I know personally by association of several clubs and attending planned events in our community.
Each one of these people have dedicated countless hours of their personal time over in an effort to try to make SCS a better place for everyone. They are not newcomers to SCS, having an average of 15-20 years residency here.
To brand these people pawns of management is silly. Those that do this are ignorant of the truth. It is unfortunate the concerned resident’s movement coincided with the release of the first deed restriction revisions done for the first time ever with input from residents since the beginning of SCS. Yes, this is the first time residents were ever invited by management to have input. The defunct RAC Club was not an official entity of Sonny Erp. It was a group that he tolerated to a certain point. RAC also tried to update our restrictions but those were filed away by ERP and forgotten. RAC, as well as the current people were never an HOA.
Yes, we are currently in a struggle to right wrongs that have been imposed on us for many years, mainly the amenity fees as they relate to our common areas. These problems just did not happen in the past three years. This is far more complicated than most residents realize. Has lax Florida laws aided in arriving at our situation? Probably, along with a lot of other factors.
Will our fees one day reflect value to homeowners? Only time will tell.
SCS is a business, repeat, SCS is a business. Until that changes, it is my feeling the profit motive will prevail over other interests.
But please, do not deride our residents that volunteered when no others would come forward two years ago to try to update our deed restrictions and offer their suggestions to homeowners for their comment and approval. Many have said on this site the survey mailing was illegal or it took away their right of privacy. Personally I have signed my name to many documents that were far more intrusive than asking how I felt about our amenity fees or how long I could keep my clothes tree up in the backyard.
3/25/2011 After all this time why is KK sending us mail? Registered at that. Running scared ? I refused mine today and requested the mail person return it unopened to KK and his unelected ---- what ever.
Will let the FABULOUS 5 and their attorneys speak for me at this time.
3/25/2011 For those who have questions concerning the questionnaire and surveys that we recently received from management, we have chosen to respond as follows: "Enclosed is our ballot with respect to the deed restrictions only. We feel it is inappropriate at this time to request the additional information contained in your questionnaire and surveys based on the fact that litigation is presently pending between certain SCS residents and Heritage Management. We prefer to await the results of the pending mediation, and therefore reserve the right to respond to your additional requests at an appropriate time after there has been a decision on the mediation issues."
3/22/2011 "To the inquirer that wants to know what is going on. Why don.t you call a member of the concerned residents group and ask them??"
Because I only know one member and haven't seen that person for quite sometime now. Plus, I wanted to see what was going on announced publicly for all to read.
There has been a lot of conversation among a few behind the scenes since this all began with many residents not knowing what progress, if any, has been made.
In the mean time, we all now read that they are under a gag order, so be it.
3/22/2011 To the inquirer that wants to know what is going on. Why don.t you call a member of the concerned residents group and ask them??
3/21/2011 To All SCS Residents:
From: The five (5) SCS Class Action Suit Seines.
On March 21, 2011 we were part of a mediation with KK and his group. Their was a court approved licensed Mediator, attorneys from both sides and some KK's investors involved.
At the end of the ten (10) hour session, our mediation was not completed so the licensed Mediator said we had to schedule another day to complete our case. He then put KK's group and our five (5) residents on a "gag order". Because of this we are not allowed to share any issues that were discussed.
The Mediator is scheduling another session ASAP.
Thank you again for all of your support. We had over thirteen hundred (1300) residents sign our petition.
LET'S CHANGE THE AMENITY FEES SO ALL RESIDENTS ARE HAPPY.
HERE'S HOW WE CAN DO IT:
IF YOU RECALL FROM KIRKPATRICK'S LETTER, THE LOWEST AMENITY FEE IS $94.07. WELL, LET'S EVERYONE PAY $94.07
THE ANNUAL REVENUES WOULD TOTAL $1,833,236.
($94.07 MO X 12 MO X 1624 HOMES)
LET'S SEE HOW MUCH IT TOOK OVER THE LAST THREE YEARS
2008 -$1,162,149 spent on SCS & $1,163,190 TO KIRKPATRICK'S GANG
2009 -$1,182,893 spent on SCS & $1,248,675 TO KIRKPATRICK'S GANG
2010 -$985,204 spent on SCS & $1,448,712 TO KIRKPATRICK'S GANG
WOW!!!! CHECK THAT OUT --- IT WORKS OUT!!!!
AND OVER $600,000 PER YEAR EXTRA $$$$
(comparing annual revenues with $$$spent only on SCS)
REPAIRS, NEW EXERCISE EQUIPMENT, RESERVES,
PICKLE BALL COURTS, TENNIS COURTS, BOCCIE BALL COURTS, COMMUNITY CTR UPDATE, ETC, ETC.
WOW, THIS IS GREAT!!!!.
Oh, Oh, I forgot one thing.
Villa owners will have to pay an extra $100 for all their other services but it's still a big decrease.
OOPS, and then what about the profit for the owners???
I think they made more than their share the last 3 1/2 years. It's our turn.
Would anyone object to $94.07 for homes and 194.07 for the villas?? IS EVERYBODY HAPPY??? :-) DetailDude
3/22/2011 So, what's the word around the community?
3/22/2011 What's with our community center people working on 176th St and 102nd Terr installing a post lamp pole and post light fixture on the private property of a resident. Our amenity fee pays their wages for work at the community center, not for private property of residents. Is Heritage double dipping by charging this resident for the work performed on community center time? Same thing takes place at the golf course which is private property owned by Heritage. Something wrong with this picture?
Yesterday was the 21st, wasn't that the meeting day between the Concerned Citizens of SCS committee and Kirkpatrick and his people?
Did they make nice and solve all the problems?
Come on, someone knows.
3/21/2011 LETTERS, LETTERS, LETTERS. How many does the KK posse send out each month? In the March 2011 issue of Hi Neighbor they stated 62. Are these letters enforced or just a smoke screen to make us think they are worthy of being in control of the upkeep of our community? These lawns has been like this for over a year. So lets look at what the posse has been up to. Trying to change our D. Rs ? Why ? So they can send more letters ? This community needs REAL LEADERS, not what we currently have. That's my opinion and I am sticking to it.
3/21/2011 This whole Dog and Pony Show with the rewriting of deed restrictions. It is just a big rearranging, crossing out....busy, busy, busy....to make it look like someone is trying to do something productive. If, in fact, it was being done LEGALLY, it would be done by the Members of a LEGAL Spruce Creek South Homeowners Association...not the illegal one that has been registered by Mr. Kirkpatrick without only his name on it.
Again, again, again....has NO ONE read the ByLaws and Articles of Incorporation. Mr. Kirkpatrick and his little band is totally outside the legal arena in this whole process.
Kinda reminds me when our gallant past President was playing around with the 'young one' working on Capital Hill. So much controversy that he decided to blow up a few sand dunes in the Arabian desert and scare a few camels just to get everyone's attention off his immoral conduct. And it worked!!
This Show is just getting your attention and focus off the reason for "Concerned Residents" and moving forward with a very justified lawsuit!!
I am beginning to understand how all this mess came into existence! People been in the sleep zone! Don't allow yourselves to be 'exploited' by this management group!!
3/21/2011 Why is it that so many residents do not seem to understand that the profit that Kirkpatrick and his private investors are NOT supposed to be making a profit from OUR Homeowners' Association Fe:es???? Kirkatrick and investors purchased the golf course and its amenities as a For Profit Corporation as Spruce Creek Golf, LLC. It is up to them to figure out a legal way to make a profit on that golf course, pro shop, clubhouse/restaurant but it very CLEARLY states in the Deed Restrictions that absolutely NO dollars are to be spent on the Golf Course and its related amenities.
Does no one read the Deed Restrictions, only the part that talks about big dogs, little dogs, poultry....etc...etc.
Did everyone skip over the first 9 pages of these Protective Deed Restrictions and Covenants for Spruce Creek South??!!
Page 2: Article I Definitions. Section 1 (b) Common Areas
Private roads, drainage areas, easements for roads, walkways....etc.
Page 3: Still Article I Definitions. Section 1 (i) "Recreational Areas".......... "including a club house, pool, tennis courts, handball courtsand shuffleboard courts."....and on and on which we identify with and use.
HOWEVER, this is the big one:
PAGE 9 down 5 lines: "The term "recreational area" shall NOT include any golf course OR golf course amenities such as a pro shop, maintenance buildings, restaurants or other appurtenance thereto......."
Why is that so hard for anyone to grasp??? OUR monthly fees are NOT go be spent on the golf course and yet that is where the majority of our $$are going to....including the mortgage, interest on mortgage and 'return' to Owners (their profits). That is THEIR baby to spent THEIR dollars on.....not to take OUR $$to make it work for them!!! We are even paying their annual taxes on this, their own properties.
Why are we giving them our dollars to spend on their investment and not spending our dollars on the Recreation areas legally....and those 'Recreation Areas' as clearly defined on Page 3 under (i)??
I know I AM NOT.
HELLO ... IS ANYONE "HOME"???
3/20/2011 There probably aren't too many folks living in Spruce Creek South that realize the amenity fees for the last few houses, built just a few short years ago, on 95th circle and 174th Loop, are, I believe, on tier 8. Correct me if I'm wrong.
Now if anyone can explain why folks that have lived in SCS prior to the building of those homes, should pay a higher fee, than those homes---please enlighten me.
Tier 8 is listed at $116.79, which is still higher than our neighbor park Stonecrest. Question a Stonecrest resident to find that the fee is $104.00. Is our park so much better than Stonecrest that some lot owners, in SCS, are paying $155.80?
So before you go for the $133.93 option, consider option #4. Something in the area of $104.00 sounds much more in line with our needs. Once you elect $133.93 you are , in effect, telling Heritage that is what you'd like to pay.
We need a real accounting before making a commitment on amenity fees!
3/20/2011 Could someone please explain to me why Tier 8 amenity fees are so much less than Tiers 4, 5, 6, and 7? I believe that this section of homes are the newest ones that were built where they have The Villages homes in their backyard. If this is correct, why then were they not made to pay a higher fee based on the plan that "as each new phase was developed, a different fee structure was put into place." Could this have been a marketing tool for Sonny to help sell his newest homes when they were built?
3/20/11 I disagree with the person who sent a email on 3/20/11 regarding your choice of having your name and address on the SCS deed restriction ballot. This person mentions it is our choice to put our name and address on the ballot, however if you read the directions, it clearly states, if your name and address is not on the ballot, YOUR VOTE WILL NOT BE COUNTED!!! So this person is saying that we have a choice to vote or not to vote, which is correct. What is the real reason to have our name and address on the ballot to be counted???? It is not right or fair, just another way of management to have one over on us. A vote is a private matter, this is your constitutional right as an American!!! When was the last time you voted on the biggest and most important vote of all, The President of the United States, and you had to tell who you were and how you voted???? I never did!!! I'm not talking about registering, just the actual vote!! Thank You.
3/20/2011 As many here have, my wife and I received our survey in the mail. We read it, discussed it, filled it out and returned it already.
It is definitely pro management (Developer) in many areas but, it's a start and we agreed with many of the proposed changes or modifications.
Under Article VIII-Section 11. Pets, we were disappointed in the fact that we can't have chickens (poultry). Due to the rising cost of eggs, I wanted to have my own to save a few $'s. :-)
Some of the questions seem to be a direct result of the concerns here in SCS.
Being negative about it right from the start will accomplish nothing at all but I'm sure it will make you feel better.
Not signing your name(s) and giving your address is an option but, if your survey is returned w/o them, it will not be counted and then you will have another thing to bitch about but, it was your choosing.
I guess the zone rep had the info incorrect about the April 1 surprise in regard to the $129.00 amenity fee for all residents. Kirkpatrick seems to feel that he and his partners need $133.93/month so their profit margin does not drop below their expected levels.
BTW, we chose option 4 for the amenity fee question and suggested a $120.00 fee per month for all SCS residents. I'm sure there are many who want it even lower and that's a good thing but being realistic works better at times.
There are many living here that pay tier 1,2,3 or 4 fees and don't want any change at all in regard to their monthly fee.
The cast of characters aka: SCS Advisory Group, is nothing more than a list of sheeple loyal to Kirkpatrick and constantly regurgitate his drivel.
3/19/2011 Hi Neighbors
So you have read your survey. Now what? As for me, I will trash it. I did not elect these fine neighbors to decide what, if any, changes should be made. If I answer then, in any way, it would indicate that I acknowledge they represent SCS. This I will not do. When a committee is elected by a majority of SCS residents, have an open meeting and a private ballot I will gladly vote on any changes.
3/18/2011 I SUBMITTED THE ATTACHED SPREADSHEET AND IT WAS NOT POSTED TO THIS SITE. I WILL TRY AGAIN. THANKS TO THE MANAGER OF THIS SITE, WE CAN ALL VIEW THE INCOME AND EXPENSES OF SCS POSTED BY THE OWNERS FOR YEARS 2007-2010.
To the neighbors of Spruce Creek South,
Recently we all should have received the amendment to the deed restrictions via mail. Please note that your name and address MUST be on the ballot or it will not be counted. In my opinion, this is a vote, a vote in a democratic society which NEVER requires a name and address of how and why you voted the way you chose to. By giving this information now makes the vote a personal matter. IE: If someone has an issue with Heritage mgmt. Heritage can make your vote not count, by simply saying, " this person complains all the time" That is NOT what a vote is all about. I think you understand what I'm trying to say. A vote is simply an anonymous ballot of the the people who are concerned, and should never ask your name or how did you voted. IT IS NONE OF HERITAGES BUSINESS WHO OR HOW YOU VOTE!! IF they want to know how each zone voted, that would be fine. However don't ask me who I am and how did I vote, This my own personal right and no one else's business. JUST COUNT THE VOTES AND LEAVE IT AT THAT!!!
IF you agree, please pass this around. If most of the people agree with this, a letter will be sent to Heritage and the attorney representing the people of SPRUCE CREEK SOUTH in this matter, We all need to get this done before the due date of the ballots, APRIL 1st, 2011
3/18/2011 Find a copy of last year expenses .
And Yes attorneys have a copy of this poorly written documents
3/19/2011 To the person who sent into this site that the surprise KK would have for all home owners would be an across the board same fee for everyone in the amount of $129.00. Perhaps they are some of the people KK mentioned at the meetings last week that cannot read who live in here. The packet that came in the mail stated the fee everyone would pay would be $133.93.
3/18/3011 Well, we are approaching April 1st, the day that the "zone rep" said was to be the day that Kirkpatrick has a surprise for all the residents of SCS. Did the rep speak out of turn?
The surprise? The $129.00 amenity fee across the board for all residents instead of the 9 tiers plus the rates 2 for the villas.
This was reported back in late February.
Will the new amenity fee be discussed at the meeting on the 21st? Will the Concerned Citizens of SCS committee accept the offer or will they try to negotiate that price down even further?
Inquiring minds want to know.
As to the new report on income and expenses, why isn't this information in the able hands of the attorneys that that stepped up and taken on this cause on a contingency, or is it?
3/17/2011 HAPPY ST. PATRICK'S DAY to all who celebrate this holiday.
I have a new spreadsheet to post showing all the income and expenses that have been posted BY SPRUCE CREEK RECREATION, LLC for 2010.
I hope you will take the time to see how your amenity/maintenance fees have been spent. ASK Heritage Management to give you a breakdown of some of the numbers you may not understand. Call Jim Day or Ken Kirkpatrick or Joe Fante and ASK FOR DETAIL.
WHAT IS THE $97,195 CLUBHOUSE EXPENSE FOR ? IS IT THE PRO-SHOP & RESTAURANT OR THE COMMUNITY CENTER?
HOW MANY EMPLOYEES ARE THERE AT THE CLUBHOUSE?
WHAT IS THE TOTAL PAYROLL FOR CLUBHOUSE EMPLOYEES?
WHAT ARE THE OTHER CLUBHOUSE EXPENSES BESIDES THE PAYROLL?
WHAT DUES AND SUBSCRIPTIONS DO WE PAY THE $995 FOR?
WHAT SPECIFIC EQUIPMENT WAS PURCHASED IN 2007, 2009 AND 2010 TOTALLING $49,449?
WHAT IS THE $3,430 IN GATE MAINTENANCE? WHY WASN'T THERE ANY IN 2007 AND 2008?
WHAT COMPRISES THE EXPENSES FOR $242,009 SPENT ON 'GROUNDS'? IS THIS FOR PROSCAPE?
HOW MUCH OF THE "GROUNDS" IS FOR PAYROLL? CAN I SEE AN INVOICE FOR ONE MONTH?
WHY ARE THERE $26,367 IN LEGAL FEES FOR 2010? IS THE SCS COMMUNITY BEING SUED?
WHAT IS THE $54,480 TAX EXPENSE? IS IT THE REAL ESTATE TAXES ON THE COMMON GROUNDS & GOLF COURSE?
WHAT LICENSE FEES ARE WE PAYING? JIM DAY'S CAM LICENSE, LIQUOR LICENSE AT THE BAR, FOOD LICENSE?
WHAT FIRM RECEIVES THE $8,325 FEES FOR PROCESSING OUR LOCKBOX/ACH FEES?
WHAT EXPENSES ARE INCLUDED IN $59,127 MAINTENANCE COSTS? PAYROLL?? SUPPLIES??
WHAT ARE THE $7,579 IN OFFICE EXPENSES?
WHAT COMPRISES THE $17,743 IN EXPENSES FOR WHICH RECREATIONAL FACILITY?
WHY IS THE BREAKDOWN OF THE $210,179 IN SECURITY EXPENSES?
WHAT IS BEING DEPRECIATED AT $178,206 EACH YEAR WHEN ONLY $49,449 HAS BEEN SPENT ON NEW EQUIPMENT SINCE 2007?
WHAT IS BEING AMORTIZED IN ADDITION TO WHATEVER IS BEING DEPRECIATED?
WHAT HAS BECOME OF THE $26,429 EXCESS IN RECEIPTS FOR 2007? ARE THEY IN A RESERVE ACCOUNT FOR RESIDENTS?
WHAT HAS BECOME OF THE $54,768 EXCESS IN RECEIPTS FOR 2008? ARE THEY IN A RESERVE ACCOUNT FOR RESIDENTS?
WHAT HAS BECOME OF THE $54,626 EXCESS IN RECEIPTS FOR 2009? ARE THEY IN A RESERVE ACCOUNT FOR RESIDENTS?
WHAT RIGHT DOES KIRKPATRICK HAVE TO USE $1,150,442 OF OUR 2010 FEES TO PAY HIS MORTGAGE TO ERP?
A JUDGE TOLD ME ONCE, "SHAME ON YOU, FOR NOT ASKING THE QUESTIONS, THE ABUSE RAN RAMPANT." DetailDude
3/15/2011 Wow, several of the latest postings have been very civil and factual. The petty problems that we have read about should be resolved after the financial ones are addressed.
From the latest postings, we do have residents that seem to be capable and dedicated to the task of "looking over the books." Should we ever gain resident representation from the mediation process we should elect home owners with financial backgrounds to the HOA board. Perhaps the mud-slinging is now over and serious negotiations between future HOA officers and the amenity owners can restore SCS to its rightful place among retirement communities. A toast of Scotch to that!!!
3/15/2011 The comment written by the 'former Realtor' was well written and informative. I basically agree. The only statement which I would caution is the last part of the statement beginning with "Add to this the fact........and has a community owned company that limits......
We do not have a 'community owned company'. It is important that we keep that upfront. It just happens that the real estate company just outside our gate has the name of our community included in its name; i.e. Spruce Creek Realty. It is an independently owned real estate company whose owner and Broker of Record is Kenneth Kirkpatrick. As we know Mr. Kirkpatrick is the same person who owns Spruce Creek Golf LLC, Spruce Creel Recreation LLC, only Director on the reinstated Spruce Creek South Homeowners' Association.......and we know what is happening there.
I am a current and active Realtor myself and recognize the gross unethical actions going on in this community that are closely (if not entirely) linked to the management company, the conflict of interest and disfunctional Homeowners Association. Until those situations are corrected, the value of our homes will continue to decline to a greater rate than just 'because of the current economy'.
I agree that we should refrain from putting down our community. It is not the community/homes that are negative, but those entities who are 'controlling' it. That is where the 'cancer' is. This is where we need to stand up and protect our rights as homeowners; 'cut out the cancer'. The longer we sit back and do nothing about it, the worse it is going to become. This is why we need to become a part of and supportive of our 'concerned residents'.
3/15/2011 RE: Response to Realtor comments
Your information concerning “refraining from putting down our community” is “right on”. However, there are many issues (management and homeowners) that contribute to a lot of verbal slings (frustration). We should be aware of the outcome of these comments and try to keep our frustration on our own turf. These issues (and there are many) need to be addressed in a legal manner since our community has been given a lot of monetary and tangible (upgrading what needs to be upgraded), double talk which are concerns that can only be decided, sorted out and settled with legal help. I wish it could be different but legal is the way to go. Discussing our community in a negative manner does in part de-value and turn away prospective buyers. Part of the other problem is not letting people have an open house to discover our little community given the chance to see/tour it first hand.
For many, selling is out of the question during this time of de-valuation/internal issues, upgrading amenities (loose lips discourage) Your suggestion about allowing “Open Houses” once a week/month would be a step in the right direction. Knowledge of Spruce Creek South would certainly lead to others wanting to move in, therefore values becoming competitive (going up). This is a lovely community with lovely neighbors! We should be able to attract future wonderful neighbors by instituting the open house concept. All tentative/prospective buyers could be directed, by Security, to a parking area ( i.e.old admin. bldg./baseball field parking area) where a van would be available for a pre-determined tour by interested Realtors. This is not an unreasonable request/aide to our needs of getting the message out. Sellers and out of state owners and family members left with liquidating homes due to death or cannot afford upkeep anymore would not have to sell dirt cheap to get out from under this gorilla on their back.
3/14/2011 As a former Realtor, I have some thoughts that's that have only been touched upon lightly. I worked for a well known local Real Estate company. I have listed and sold homes in Spruce Creek South. No Realtor is restricted from listing homes in SCS. The problems arise when attempting to sell homes. First of all, our biggest competitor, The Villages, does a fantastic job of romancing potential buyers. Most buyers have their first contact with the area by finding The Villages web site. The Villages spends a fortune luring people from all over the country to their web site by advertising on the Golf Channel and in magazines. They invite them to the community and set them up in beautiful model homes and drive them around the community to sell them on all the activities available. They fail to tell them about the activities that do cost extra and avoid discussing the bond. Most of these people are so in awe of everything they fail to ask about other communities in the area, which by the way, The Villages sales staff can not show or sell homes in. So why would they mention Spruce Creek South? When the strays do manage to escape the claws of the sales staff there and do find our front gate guess what? They are told they can't enter and if they want to look, they need to visit Spruce Creek Realty. If this doesn't turn them off and they do make it to Spruce Creek Realty, which homes do you think will get shown? Right. Only those that Spruce Creek Realty has listed. I have shown and sold homes listed by Spruce Creek Realty and any other real estate company my buyers wanted to look at. None of the homes listed by the company I worked for were ever shown by Realtors at Spruce Creek Realty. How does this affect you and me? The day may come that you want to sell your home or you family may have to sell your home. Unless you have been living on the moon the past 5 years, you know what a difficult time it is in the Real Estate market in most of the country. Add to this the fact that we are living in a community that "locks out" almost everyone except residents and has a community owned company that limits which homes it will show buyers. The curious are often scared away at the gate and prefer to drive down the road to the friendly people who are willing to wine and dine them and promise them the moon. We are living in a community that is a complete mystery to most of the outside world. There are currently homes in our community that have been listed for sale for 6 years or longer, homes that are listed for figures less that what the original owners paid for them when new. If you are thinking about making a move in the near future, you need to think about this. May I make a couple of suggestions? First, we need to refrain from putting down our community and make it a place we are proud to live in and is inviting to others. Second, seriously think about allowing Open Houses. Perhaps we could have them once a week or once a month. Del Webb has been doing this for several years on Sunday. The guards even hand out flyers. Perhaps we could have some additional security during those hours to make residents feel safe. I have sold homes at Open Houses. Even if the buyers don't buy your home at the Open House, it gives them the opportunity to see the community and they may buy someone else's home in the community or buy at a later date. This will help you too. The less homes for sale, the more opportunity for the remaining homes to sell. Eventually, our values will go up then. Just a thought.
3/11/2011 To the 'More' confused who blogged a note "To Confused" on 3/10/2011.
The Statement you are talking about (I think) is quite itemized, although we certainly need a better explanation for exactly how OUR $$$have been spent. You are absolutely Right "we as a community we have no debt that would create this annual expense". If you will look Very Carefully under Disbursements, item 4 reads "Debt Service $986,375". That was for 2009.
I have a copy of the same statement for 2008 and it says "Debt Service $965,490.96." That brings a combined total of $1,951,865.96 for 2008 and 2009. That is just under 2 Million Dollars!!!
So the person who posted the statement wasn't quite as confused as you thought! And to the "VERY confused"....there is only one Clubhouse that I am aware of within the boundaries of Spruce Creek South. The other large building is the Community Center. The Clubhouse is the Golf Clubhouse which houses the pro shop and restaurant areas. The Community Center is our recreational facility which houses the 'fitness' center, billard room, library, stage, etc. etc. I have never had any confusion myself as to which building is which.What we are looking for is PROOF that the funds were NOT spent on the Golf Course and related amenities (including said Clubhouse). I think it is quite evident that very few $$ were spent on the community center, pool, etc. (Sorry if it sounds likes 'rambling'...it seems it needs to be repeated and repeated and repeated before anyone 'gets it').
You want 'proof'. Well, everything I post I make known that are recorded with either the County or the State of Florida. Whether you believe it or not doesn't really matter to