Brave lawsuit by attorney Tim McCullough against a long list of companies involved in Bella Collina. Allegations being made by Bella Collina owners in this brave legal move are strikingly similar to allegations made by owners of moderately priced and “affordable” condominiums in Florida and other states across the country.
Common objections of owners typically include the following:
- Many planned units have never been completed or sold
- Amenities were never built or renovated as promised
- Developer or investor-controlled board approves outrageous special assessments and demands immediate payment
- Maintenance of portions of the common areas or amenities are neglected, reducing appraised value of homes
- Developer or investor then forces association members to sell their units or parcels back at artificially low prices
Of course, most condo owners have limited financial resources, making it much more difficult for them to take legal action. Bella Collina owners suing feel frustrated and they argue that the developers should have turned the Property Owners Association over to the individual owners more than 10 years ago.
Attorney Tim McCullough, for the owners at Bella Collina, also alleges that the developer negotiated “illegal” contracts, no doubt by way of confidential, out-of-court settlements.
The lawsuit accuses Randall Greene and the Bella Collina “gang” to “illegally usurped control of the POA. The POA, without member authorization, then filed 400 fraudulent lawsuits for the collection of invalid special assessments, which coerced lot owners to surrender their lots”.
But if Bella Collina homeowners are successful in court, could that open to door to class action lawsuits in response to hostile condo association takeovers, especially the kind that force condominium termination upon unwilling owners?
How many current and former owners of association-governed property have been intimidated or coerced into unfair secret settlements? No one knows for sure, because legal negotiations happen in the shadows, and owners are threatened with future litigation leading to financial ruin if they dare break the gag order.The fact that a small group of owners at Bella Collina have the courage to stand up for their rights is remarkably rare.