15 class action lawsuit against Bella Collina (Part 15 of 15)

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EIGHTEENTH CLAIM FOR RELIEF APPOINTMENT OF RECEIVER

525. The Plaintiffs incorporate paragraphs 1 through 408 as though set forth at length herein.
526. The POA failed to call annual meetings of members, amended the CC&Rs unreasonably and without lot owner approval at properly noticed meetings o f members, collected special assessments prior to turnover without the approval of a majority of members at a properly noticed meeting with a quorum, committed numerous other violations o f law and CC&Rs as described in detail herein, all in violation of the Florida Statutes, specifically cited herein, the Governing Documents and the June 24 Court Order.
527. A circuit court may appoint a receiver pursuant to Florida Statutes, §720.3053 if there is a failure to fill vacancies on board of directors sufficient to constitute a quorum.
528. There has been a failure to elect a lawful board, as described in detail herein, since ninety (90) days after August 29, 2005, the date on which turnover was compelled by law.
529. Further, DCS has appointed individuals to act as members and officers of the POA’s board who have filed illegal amendments of the CC&Rs and of the articles of incorporation, accepted illegal compensation, performed ultra vires actions, and taken action inimical to the best interests of the POA and its members.
530. Dissolution and/or appointment of a receiver are critical to prevent the continuation of Ginn’s and DCS’ fraud, misrepresentation and self-dealing, the performance of actions which exceed lawful authority, the waste of the association’s assets, the continued failure to turn over the community to its members, and violation of law.
531. Florida Common Law provides Courts with the inherent authority to appoint receivers and to dissolve the corporation in the context o f the above-stated facts.
532. CSBS is aware that a notice of the request for receivership as required by law was served by James and Virginia Shelton more than thirty days from the filing of a motion for receivership.
533. CSBS believes that the emergency appointment of a receiver is critical, since the POA received permission from Lake County Officials on July 2, 2014 to confirm plans to subdivide common community property and to build a commercial motel, and the POA will continue its practice of charging excessive amounts for POA dues and for Special Assessments, and of suing lot owners illegally for the payment of such assessments and continue actions that destroy owners’ lot values and increase the risk of foreclosure by mortgagees.

WHEREFORE, Plaintiff respectfully requests a temporary injunction issue compelling DCS from appointing board members to the POA, terminating current alleged officers of the corporation, and that an Order issue appointing a receiver to dissolve the POA or to administer it until such time as the Class A members of the Association can elect a board assembled from a quorum of non-developer and non-builder lot owners. The receiver meanwhile shall undertake the day to day operations of Bella Collina, seek a stay of all pending litigation in which Bella Collina is a party, take control of all Association assets, perform an accounting for all money received or spent since August 29, 2005, and undertake all such other actions as may be deemed necessary and appropriate under law.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiffs respectfully request the entry of a judgment granting the following relief:

534. For the First (RICO), Third (Sherman and Clayton Antitrust Acts), and Fourth (Florida Antitrust Act of 1980) Claims for Relief:

1. All damages proved at trial;
2. Compensatory damages for the named Plaintiffs in the amount of at least $13,617.72 and for all annual assessments illegally written off by Defendants and reserve or escrow funds depleted by Detendants.
3. For restitution or disgorgement of the amount of funds or property obtained through the Defendants’ participation and interest in a RICO Enterprise or Antitrust activities;
4. Treble damages;
5. Attorney fees and costs of suit;
6. Prejudgment interest;
7. For any other relief that Plaintiffs are entitled to by statute or that the Court finds just and equitable;
8. Injunction against participation by Defendants in governance or management of the POA or enforcement of illegal CC&Rs, especial the special assessment for delinquent club dues or club membership mandate.
9. For the Second (FDCPA), and Fifth (Florida Consumer Collections Practices Act) Claims for Relief:

1. All damages proved at trial;
2. All statutory penalties and damages;
3. Attorney fees and costs of suit;
4. For any other relief that the Court finds just and equitable;

536. For the Sixth through the Thirteenth common law causes of action:

1. All compensatory damages;
2. Compensatory damages for the named Plaintiffs in the amount of at least $13,617.72 and for all annual assessments illegally written off by Defendants and reserve or escrow funds depleted by Defendants.
3. Attorney fees, court costs, prejudgment interest and punitive damages if permitted by Florida case Jaw or statute.
4. Punitive damages pursuant to §817.525 (8)(a)(2) and §768.72, Florida Statutes.
5. For the Fourteenth Claim for Relief:

1. Creation of a trust of all property received obtained by DCS from prior lot owners since 2012 and disgorgement of all Golf Club charges, attorney fees, and costs of suit suffered by any prior lot owner to the trust, the trustee of which shall submit a plan to the Court for return or repayment of the prior owner’s property.
2. Attorney fees, trustee fees, court costs, prejudgment interest permitted by Florida case law or statute.

DEMAND FOR TRIAL BY JURY

Defendant-Counter Plaintiffs, demands a trial by jury. Dated this 2nd day of February, 2017.

Respectfully submitted,

Isl E. Timothy McCullough

1. TIMOTHY McCULLOUGH, Esq. Trial Counsel for Plaintiffs

Florida Bar Number: 0033624

7463 Conroy Windermere Rd., Suite A Orlando, FL 32835

Telephone: (407)601-6941

Fax: (407) 601-5982 mmlawecf@gmail.com timlaw8 l@aol.com

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing was filed with the Clerk of Court through the Florida E-Portal system and was served via email all counsel of record on the 2nd day of February, 2017.

Respectfully submitted,

Isl E. TIMOTHY McCULLOUGH

1. TIMOTHY McCULLOUGH, Esq. Trial Counsel for Plaintitls

Florida Bar Number: 0033624

7463 Conroy Windermere Rd.

Suite A

Orlando, FL 32835

Telephone: (407)601-6941

Fax: (407) 601-5982 mmlawecf@gmail.com servicefl@mlg-defaultlaw.com