NINTH CLAIM FOR RELIEF COUNT XII-CONSPIRACY AGAINST ALL DEFENDANTS
- Plaintiffs incorporate by reference paragraphs I through 408 as though set forth at length
- The POA and its officers and directors have a fiduciary duty to lot owners and POA members as set forth in Florida Statutes, 720.303( I), which duty includes the obligation to act in the lot owners’ and members’ best interest, to tell them the truth about all material matters, to disclose any material fact, and to obey all lawful obligations.
- Ginn owed Plaintiffs a duty to make true representations of material fact and to disclose material facts only known by its agents, employees and officers.
- DCS contractually assumed liability for Ginn’s liabilities and assumed a duty of truthfulness and disclosure when it purchased Ginn’s rights to Bella Collina and took control of the POA. 475. The POA, DCS, Ginn and the POA’s officers and directors breached those duties by agreeing to knowingly send false billing statements related to illegal special assessments, knowingly agreeing when promised in various forms as herein described that they would not tum over the community to lot owners 90 days after August 29, 2005, knowingly agreeing to bill lot owners for sports club initiation fees and dues knowing that such bills were illegal and unenforceable, agreeing to file knowingly false and unenforceable amendments to articles of incorporation and to CC&Rs, agreeing to falsely state that they herein.
- The POA and its officers and directors have a fiduciary duty to lot owners and POA did not have the duty to tum over the community, or knowingly agreeing to state that they had the authority to unilaterally amend governing documents or agreeing to control the POA without notice to lot owners or elections, agreeing to restrict lot owner’s choice of builder and agreeing to take other actions described with particularity herein which increased costs and lessened lot values knowing that such actions conflicted with material representations made in promotional materials, the CC&Rs and failing to disclose additional material facts as described with particularity herein such as actual costs to run the golf club or community.
- The POA, DCS and the Golf Club Entities’ breaches of duty and illegal agreement to do so caused Plaintiffs to suffer the unnecessary payment of a special assessment for a non-existent sports club, a deposit for possible membership, and diminution in the value of their real estate as described herein.
TENTH CLAIM FOR RELIEF BREACH OF CONTRACT-COVENANT-DUTY OF GOOD FAITH AND FAIR DEALING AGAINST POA, RYAN, RYAN LAW GROUP, BURMAN AND AEGIS
- Plaintiffs incorporate by reference paragraphs 1 through 408 as though set forth at length
- The POA and its officers. lawyers, licensed community association manager and management company and directors have contractual duties and duties related to covenants contained in the governing documents and the covenant of good faith and fair dealing implicit in every contractual relationship to lot owners and POA members as manifested in Florida Statutes, 720.303(1 ), which duties include the obligation to act in the lot owners’ and members’ best interest, to tell them the truth about all material matters, to disclose any material fact, and to obey all lawful obligations.
- Ginn owed Plaintiffs a duty to make true representations of material fact and to disclose material facts only known by its agents, employees and officers herein
- DCS contractually assumed liability for Ginn’s liabilities and assumed a duty of truthfulness and disclosure when it purchased Ginn’s rights to Bella Collina.
- The POA, DCS and Ginn and its officers and directors breached those duties by agreeing to knowingly send false billing statements related to illegal special assessments, knowingly agreeing when promised in various forms as herein described that they would not turn over the community to lot owners 90 days after August 29, 2005, knowingly agreeing to bill lot owners for sports club initiation fees and dues knowing that such bills were illegal and unenforceable, agreeing to file knowingly false and unenforceable amendments to articles of incorporation and to CC&Rs, agreeing to falsely state that they did not have the duty to turn over the community, or knowing agreeing to state that they had the authority to unilaterally amend governing documents or agreeing to control the POA without notice to lot owners or elections, agreeing to restrict lot owner’s choice of builder and agreeing to take other actions described with particularity herein which increased costs and lessened lot values knowing that such actions conflicted with material representations made in promotional materials, the CC&Rs and failing to disclose additional material facts as described with particularity herein such as actual costs to run the golf club or community.
- The POA, DCS and the Golf Club Entities’ breaches of duty and illegal agreement to do so caused Plaintiffs to suffer the unnecessary payment of a special assessment for a non-existent sports club, a deposit for possible membership, and diminution in the value of their lots.
ELEVENTH CLAIM FOR RELIEF COUNT XV-INTERFERENCE WITH CONTRACTUAL RELATIONSHIP AGAINST AEGIS, DCS
- Plaintiffs incorporate by reference paragraphs 1 through 408 as though set forth at length herein.
- The POA and its officers and directors have a contractual duties and duties related to covenants contained in the governing documents and the covenant o f good faith and fair dealing implicit in every contractual relationship to lot owners and POA members as manifested in Florida Statutes, 720.303(1), which duties include the obligation to act in the lot owners’ and members’ best interest, to tell them the truth about all material matters, to disclose any material fact, and to obey all lawful obligations.
- Ginn owed Plaintiffs a duty to make true representations of material fact and to disclose material facts only known by its agents, employees and of licers.
- DCS contractually assumed liability for Ginn’s liabilities and assumed a duty of truthfulness and disclosure when it purchased Ginn’s rights to Bella Collina.
- The DCS and Ginn and its officers and directors intentionally and knowingly and maliciously interfered with Plaintiffs’ contractual relations with the POA contained in the CC&Rs and the articles of incorporation by agreeing to knowingly send false billing statements related to illegal special assessments, knowingly agreeing when promised in various forms as herein described that they would not turn over the community to lot owners 90 days after August 29, 2005, knowingly agreeing to bill lot owners for sports club initiation fees and dues knowing that such bills were illegal and unenforceable, agreeing to file knowingly false and unenforceable amendments to articles of incorporation and to CC&Rs, agreeing to falsely state that they did not have the duty to turn over the community, or knowing agreeing to state that they had the authority to unilaterally amend governing documents or agreeing to control the POA without notice to lot owners or elections, agreeing to restrict lot owner’s choice of builder and agreeing to take other actions described with particularity herein which increased costs and lessened lot values knowing that such actions conflicted with material representations made in promotional materials, the CC&Rs and failing to disclose additional material facts as described with particularity herein such as actual costs to run the golf club or community.
- The POA, DCS and the Golf Club Entities’ breaches of duty and illegal agreement to do so caused Plaintiffs to suffer the unnecessary payment of a special assessment for a non-existent sports club, a deposit for possible membership, and diminution in the value of its lot in an amount as high as $4,600,000.
TWELFTH CLAIM FOR RELIEF ABUSE OF PROCESS AGAINST RYAN, AEGIS, DCS, POA
- Plaintiffs incorporate by reference paragraphs 1 through 408 as though set forth at length herein.
- The POA and its officers and directors have contractual duties and duties covenants contained in the governing documents and the covenant of good faith and fair dealing implicit in every contractual relationship to lot owners and POA members as manifested in Florida Statutes, 720.303(1), which duties include the obligation to act in the lot owners’ and members’ best interest, to tell them the truth about all material matters, to disclose any material fact, and to obey all lawful obligations.
- Ginn owed Plaintiffs a duty to make truthful representations of material fact and to disclose material facts only known by its agents, employees and officers.
- DCS contractually assumed liability for Ginn’s liabilities and assumed a duty of truthfulness and disclosure when it purchased Ginn’s rights to Bella Collina.
- The POA and its officers and directors have contractual duties and duties related to incorporation and to CC&Rs, agreeing to falsely state that they did not have the duty to turn over the community, or knowing agreeing to state that they had the authority to unilaterally amend governing documents or agreeing to control the POA without notice to lot owners or elections, agreeing to restrict lot owner’s choice of builder and agreeing to take other actions described with particularity herein which increased costs and lessened lot values knowing that such actions conflicted with material representations made in promotional materials, the CC&Rs and failing to disclose additional material facts as described with particularity herein such as actual costs to run the golf club or community, all for the improper motive of increasing costs on lots and decreasing its prices and marketability, the opposite of what they should have been trying to do.
- The POA, DCS and the Golf Club Entities’ breaches of duty and illegal agreement to do so caused Plaintiffs to suffer the unnecessary payment of a special assessment for a non-existent sports club, a deposit for possible membership, and diminution in the value of its lot in an amount as high as $3,600,000.