The specific purpose for which this corporation is organized is:
To Serve As A Community Organization, Providing Support &
Guidance For Homeownersand Residents ofPoinciana Villages,
There is an article in this morning’s Orlando Sentinel describing the latest HOA election complaint filed with the State of Florida by a Poinciana Homeowner. The article may be read at http://www.orlandosentinel.com/news/osceola/os-resident-challenges-poinciana-hoa-election-20170914-story.html
It is perfectly clear to anybody who has been following this situation that Avatar, First Service Residential and the majority of directors on the APV Master Board are more interested in serving Avatar than the Poinciana homeowners.
The issue in the latest election dispute is clear. The evidence supports Martin Negron’s complaint. In order for Avatar, Fairhomes, Tuscany Preserve or Gordon Land to be eligible to cast votes they must have filed the required notarized documents no later than 4PM Friday December 9,2016 to cast any votes in any 2017 HOA election. The documents provided by APV that they claim were filed by these corporations are attached. None of them are dated properly and none of them are notarized properly.
Why does the Poinciana HOA have one set of rules for the homeowners and apparently no set of rules for the corporations? Why do the APV Board and First Service Residential let them get away with it?
Please join Jennifer Robertson, Dean of the new Poinciana Valencia Campus and Cris Cosby, new CEO of Poinciana Medical center For the October 2017 Poinciana Area Council Luncheon to be held Wed October 4,2017 at Mosaiics Restaurant in Solivita between 11:30 AM and 1PM to hear about what is new with these exciting Poinciana facilities? The flyer announcing the meeting is attached. Cost for the luncheon will be $15 for members and $20 for non-members. Please note that an RSVP is requested as identified in the flyer
Sept 7,2017 Court Hearing
Yesterday afternoon Sept. 7,2017 a large number of FOPV supporters travelled to Bartow to attend the latest 10th District Court hearing on the FOPV lawsuit. This hearing resulted from the APV, Avatar and Village 1 motions to dismiss the latest amended complaint in the lawsuit. The judge earlier had asked the plaintiffs (Jolly, Destremps and Brown) to submit an amended complaint stating a more specific ‘cause of action’ why the lawsuit should proceed.
The hour time limit for the hearing was mostly taken up by lawyers for APV, Avatar and Village 1 claiming reasons why the case should be dismissed. Jennifer Englert, the lawyer for the plaintiffs made an excellent presentation as to why her latest amendment more than answered the questions the judge had asked.
At the end of the hearing the judge stated that he would take all the verbal arguments into consideration but that he would be basing his decision solely on whether or not he felt that the FOPV amended complaint answered the questions that he had about ‘show cause of action’. He said he would be studying all the documents and announce his decision at a later date.
So the case goes on. It is expected that within the next few weeks we should hear the judge’s decision?
In addition, yesterday Martin Negron filed another complaint with Florida Department of Business and Professional Regulation asking for a binding arbitration decision voiding the Aug 1 APV election and asking for a recount of the ballots throwing out all of the corporate ballots cast by Avatar, Fairhomes, Gordon Land and Tuscany Preserve because they did not comply with the APV election rules for corporate votes in Poinciana HOA elections. If that DBPR request were to be granted by the arbitrator then the winners of the Aug 1 election in each village would be the FOPV candidates who won the majority of resident votes in the election.
The violation of the APV Election Procedures for Village Elections as described in the complaint would take priority over any dispute between 10th District Circuit Court and DBPR over the number of votes Avatar was allowed to cast in the Aug 1 election. Should the claim that all the Avatar Corporate votes would not be allowed then Avatar would not have any votes in the Aug 1 election regardless of the density question?
The latest DBPR complaint also alleges improper conduct on the part of APV regarding the voiding of the Village 1 election and the number of votes allowed to be cast by Avatar.
Should the latest DBPR complaint be upheld then the homeowner members of APV would be declared winners of the Aug 1 Village elections. This is the result the 530 homeowners who actually showed up to vote in the election were hoping for. The Poinciana homeowners would regain control of their homeowners association back from the Avatar and Fairhomes corporate interests,
It will be interesting to see what the DBPR arbitrator decides?
This is the official notice of the hearing scheduled for 2 PM this Thursday, Sept 7 in Bartow. I strongly suggest that everybody who wants to attend arrive no later than 1:30 PM. The room is identified in the notice but upon arrival inside the courthouse, everyone should check at the front desk just to make certain that the room has not been moved. Business casual dress is advised. Shoes, long pants or skirt/dresses with no t-shirts. This will be a most important hearing for our case. Our lawyer will be focused on the issues of the hearing and those issues only before and during the hearing. This will not be a good time for anyone to bring up any other Poinciana issues to Jennifer or Jeff either before or during the hearing. They need to be able to totally focus on the business at hand. Hopefully, we will get a good turnout?
TheLedger has an article "The evolving case for Home rule in Poinciana" Please open this link to read about it:
Hope you show up for the very important meeting with our State Representative, John Cortes and State Senator Victor Torres on Thursday August 24th, 6:30 pm at New Dimension H.S.. Hopefully other elected officials will show up as well
Let them know we care about our community. Tell them what you personally have experienced. Say something!
Yesterday’s Osceola News Gazette features an article about the ongoing Poinciana HOA legal situation. The article may be read at
From a legal standpoint everything still seems to be in limbo. It appears that the APV/Avatar attempt to allow Avatar to control the Aug 1 APV board election has resulted in more questions than answers? The entire community, including the board members is frustrated because nobody knows who is in charge or who is doing what? As the article says, Dottie McStay, President of the APV Board seems to be unwilling to talk to the press. The APV lawyer has had a Florida Bar Association Complaint filed against him by DBPR. Nobody seems to be telling either the board members or the members what is going on.
Hopefully all of this will be resolved soon. The members keep receiving notice about APV sponsored cruises, pajama bingo nights and all kinds of other fun activities but the bread and butter issues of running the community such as dredging the drainage ditches, cutting the grass, and much more seem to be ignored.
The annual budget meetings should be coming up in September so hopefully APV will have their act together by then?
Attached you will find the latest legal responses by the lawyers for Martin Negron to the latest APV/Avatar court actions.
Florida Statute 720 requires that all HOA election issues must be submitted to the DBPR for mandatory binding arbitration. There was a dispute over the Feb 2017 APV election and it was submitted by homeowner Martin Negron to DBPR for resolution. On June 23,2017 DBPR issued an order that should have provided a binding ruling settling the case.
That was not acceptable to APV and Avatar. These latest court filings outline in shocking detail the deceitful and unprofessional actions taken by APV and Avatar in response to the DBPR June 23 order and July 12 ruling. As they have been doing in Poinciana for the past 44 years APV and Avatar act together as if they are above the law.
In an attempt to get around the legal binding arbitration decision provided by DBPR, they have tried to file legal motions with the Florida 10th District Court and again with DBPR to deny the Poinciana homeowner resolution to the election complaint. Their actions are described in the attached legal briefs.
Not only was Martin Negron denied justice but the hundreds of Poinciana homeowners who showed up to vote for the candidates of their choice in the Aug 1 HOA election were denied the right to have their voices heard in an election by the actions of APV and Avatar. To deny American citizens or homeowners the right to have their voices heard in an election is contrary to everything that the United States of America is founded upon. Taxation without representation is alive and well in Poinciana 231 years after the signing of the declaration of independence.
Hopefully, the attached legal briefs submitted by the lawyer for Martin Negron will be able to do something about this?
State of Florida "DBPR" follow the link
In the Circuit Court Of the Tenth Judicial Circuit
Follow the link:
TO ALL OF POINCIANA RESIDENTS... BELOW IS AN EMAIL I HAVE SENT TO MY DATABASE AND IS BEING FORWARDED TO THE FOPV DATABASE . WE ARE POINCIANA NOT JUST VILLAGES OF POINCIANA AND EVERYONE SHOULD BE AWARE OF WHAT IS HAPPENING.
TO: RESIDENTS VILLAGE THREE, SEVEN AND EIGHT.
THE PLANNING COMMISSION APPROVED THE GAS STATION/CAR WASH AT MARIGOLD AND WALNUT
IN JULY I SENT AN EMAIL TO VILLAGE THREE RESIDENTS ABOUT THE PUBLIC HEARING ON AUGUST 1, 2017 FOR THE PROPOSED GAS STATION AND CAR WASH AT MARIGOLD AND WALNUT. SEE ATTACHED PLANS.
ACCORDING TO COMMISSIONER TODD DANTZLER,
" Looks like it only needed the planning commission approval and since there was not a protest, it is a done deal. Sorry."
I TRULY FEEL BAD FOR THOSE RESIDENTS WHO WILL HAVE THIS GAS STATION/CAR WASH IN THEIR BACKYARD 24/7.
GOING FORWARD, IF YOU SEE A PUBLIC NOTICE, MAKE THE EFFORT TO SEE WHAT THE HEARING # IS AND PHONE NUMBER AND CALL TO FIND OUT WHAT IT IS ALL ABOUT. SEND AN EMAIL TO EITHER MARTIN NEGRON OF FOPV OR MYSELF. EVERYONE NEEDS TO KNOW WHAT IS HAPPENING IN OUR COMMUNITY.
In my behalf, our “FOPV” attorneys, on Aug 9,2017 filed a motion with 10th District Circuit Court to set aside the ruling in Case No 2017-CA-002349 which gave the DBPR ordered APV election of........
Aug 1,2017 to the candidates supported by Avatar instead of the FOPV candidates who actually won more resident votes.
The motion accuses APV and APV counsel Thomas Slaten of committing Fraud, Misrepresentation and Misconduct in their handling of the case.
While an APV appeal of the June 23, 2017 DBPR election ruling was pending, the motion accuses APV and Avatar of conspiring to do an ‘end run’ around what they expected to be a negative DBPR decision against Avatar.
The motion states that because the DBPR Arbitration was still under appeal from APV, the 10th District court had no jurisdiction in a pending DBPR HOA election case. The motion also accuses APV attorney Tom Slaten of actions resulting in the filing of a complaint by DBPR with the Florida Bar Association.
recommend if you haven’t read the article in The Ledger from August 8, by Mike Ferguson.
Here is a link-> http://www.theledger.com/news/20170807/poinciana-villages-residents-claim-more-collusion-backroom-dealing-after-latest-election.
This is the court document 12 pages of information concerning,
APV of Fraud, Misrepresentation and Misconduct
Poinciana Government Community Roundtable
Please come out to a Poinciana Government Community RoundtableThursday August 24,2017 6:30PM at New Dimensions High School located at 4900 Old Pleasant Hill Road. There are many things that have been going on in Poinciana recently. Many of these have to do with laws and State Government. Poincianaâ€™s local government leaders would like to hear from you and discuss the issues most important to you? Come to New Dimensions High School 6:30 August 24 to find out what is going on and what can be done about it?
Please the flyer below........
The Lakeland Ledger features an article in the local section of their Aug 8, 2017 edition that talks about
the aftermath of the DBPR ordered Aug 1 ,2017 election.
The article states that the Avatar directors made a clean sweep of the village board positions up for
election due to a Polk County 10th Circuit Court decision. The article states that without those block
votes the slate of resident directors supported by Friends of Poinciana Villages would have won the
The article describes how the 10th Circuit Court decision started out with a complaint submitted by
Avatar after the DBPR order was issued on June 23. That order was appealed by APV on June 27.
While the appeal was being heard Avatar filed an election complaint on July 7. The appeal was
defended by APV in an abbreviated manner on July 11 before a decision was handed down about the
APV appeal on July 12. The article points out that while APV has kept a similar complaint by Poinciana homeowners from getting to trial for over 18 months by arguing that under Florida Law only DBPR has jurisdiction over HOA elections, in the case brought against APV by Avatar that defense was never
offered by APV with the result that the case was decided in favor of Avatar within 14 days in time for the Aug 1 election. Hopefully these issues will be heard by the Florida Bar in the complaint filed by DBPR
against the APV lawyer?
The article also discusses the issue of APV Debt collection actions against the Poinciana Homeowners
led by the APV lawyer and his law firm. The article describes how a Canadian resident and citizen representing the Canadian Real Estate Investment Company Fair Homes sits on the APV Board
overseeing the APV debt collection operation. The article describes questionable APV debt collection practices that allow Fair Homes and other real estate investors to profit from purchasing Poinciana
homes at distressed foreclosure prices.
The article may be read at
http://www.theledger.com/ news/20170807/poinciana- villages-residents-claim-more- collusion-
It certainly describes the mess in Poinciana.
There are two Poinciana news articles today from the Osceola News Gazette and the Orlando Sentinel.
The front page Osceola News Gazette article describes how the Tuesday Aug 1 HOA election results
in little change from the results of the Feb 14,2017 election that was Voided by the State Department of Business and Professional Regulation who is responsible for overseeing HOA elections. The article
may be read at http://www.aroundosceola.com/new-poinciana-election-produces-little-change/.
The second article, appearing in the local section of today’s Orlando Sentinel helps to explain why? That article may be viewed at http://www.orlandosentinel.com/news/os-poinciana-hoa-recusal-20170804-story.html.
Attached is the DBPR notice of Recusal referred to in the Sentinel article. While APV was appealing
the June 23 order requiring a new election with new rules for allowing votes to be counted for Avatar, according to the DBPR Florida Bar Association Complaint filed against the APV Lawyer Tom Slaten,
Avatar and APV were in a Bartow court, unbeknown to both DBPR and to Martin Negron and his
lawyers seeking a separate court order allowing Avatar and APV to circumvent the DBPR election order.
Where this ends up will be anyone’s guess? No doubt Tom Slaten will have explaining to do to the
Florida Bar Association for his actions. You would think that the APV would be ashamed of the actions
their attorney is accused of having taken? Then again, as other still pending lawsuits against APV
allege, APV is nothing more than a puppet for Avatar. Undoubtedly there will be more litigation to follow.
FOPV thanks, DBPR and their arbitrator for their order dated Aug 3, 2017 regarding the Poinciana HOA election issues.
FOPV agrees with everything stated, especially the Complaint sent to the Florida Bar Association
FOPV asks for an immediate court approval of their request for the granting of a preliminary Injunction
against APV and Village I as requested in Case No. 2015-CA-004499.
This is requested before the defendants can inflict additional irreparable harm without any other
dequate remedy of law, as has occurred in this most recent example of questionable honesty,
trustworthiness or fitness on the part of legal representatives employed by the homeowners association.
Yesterday’s APV election was both good news and bad news. The good news is that the community
did a great job in turning out to vote. The bad news is that Avatar and the APV with the support of the
APV lawyer once again ran the election to generate a result favorable to Avatar.
This morning’s edition of the Lakeland Ledger Newspaper ran a good article describing the election
and the result. The election article may be viewed
---> If you can't open this link, Please paste to your browser<---------
The reason for the Voiding of the Feb 14,2017 election and the election being held Aug 1 is because of
a successful election complaint and appeal filed by Poinciana Homeowner Martin Negron and his
attorneys. Both are looking at what happened yesterday and based on the facts and the law, planning
to take the appropriate legal action.
As soon as a decision is made as to what will be done that information will be shared with the
community. Everyone can rest assured that the results of yesterday’s election will be addressed.
A Election Press Conference
The Poinciana HOA Election to be held Tuesday August 1,2017 will be the most important
community event in the 46 year history of Poinciana. For the first time in Florida
history the actual homeowners will
have a chance to take back control of the largest Florida Homeowners Association from the
developer and special interests.
The orders by the Florida Department of Business and Professional Regulation in favor of homeowner Martin Negron (Case NO. 2017-01-1731) set the stage to allow this to happen.
Martin Negron and his team, including attorneys will be holding a press conference 10AM Tuesday July 25,2017 at the offices of the law firm Orlando Law Group PL, 12301 Lake Underhill Road,
Suite 213, Orlando, Florida 32828.
The press conference will feature a review of the DBPR Order and what will be required in the
election. Negron and his team will be sharing with the press and media what will be happening in Poinciana before, during and after the election.
After hundreds of thousand dollars spent on legal fees in multiple lawsuits, this press conference will kick off one of the most important weeks in history culminating in the Aug 1 election for the future of
All members of the press and media are invited to this press conference.
Motion to Dismiss Poinciana DBPR Complaint Denied
The State of Florida has denied the APV request for a rehearing of Martin Negron’s election dispute.
The original DBPR ruling stands with the exception that it has been amended to add additional
restrictions on parcels that can be used by Avatar or anybody else in the upcoming election. The
rejection response is attached.
The DBPR ruling states that the REGISTRAR of the APV will be the person accountable for making
certain that all votes allowed meet the criteria set out by the DBPR ruling. Should there be any question
regarding any of the votes cast in the election then the DBPR arbitrator will decide whether or not the
votes meet the criteria called out in the ruling. Should DBPR determine that votes allowed to be cast in
the Aug 1,2017 election do not meet the criteria then DBPR will ask the courts to intercede.
Poinciana has a lot of work to do between now and Aug 1,2017 to hold the HOA election mandated by
the State of Florida.