City joins residents in fight with developer
Residents of Country Club of Mount Dora are upset
ARTICLE COURTESY of The Orlando Sentinel
By Monica Scott 
Published February 25, 2003

MOUNT DORA -- Some residents of Country Club of Mount Dora are upset they might have to pay for road and drainage repairs in the picturesque golf-course community.

This month, the Mount Dora City Council agreed to join theCountry Club in a lawsuit against developer Morrison Homes, Consul-Tech Engineering and four contractors involved in the construction of Phase II, whichbegan in 1993.

The city, which plans to take over the roads oncethey arerepaired, also agreed to issue bonds for the work, tentatively estimated at $1 million to $2 million. Residents will be charged later, but they hope to recoup the money from the lawsuit.

"The main issue is, the system is collapsing and needs to be repaired or the property values will be negatively affected," said Jack Koester, 68, a resident of the Greenbriar neighborhood since 1999.

"The parties responsible need to step up and take responsibility."

Denisse Small, 60, a resident of the Spring Creek neighborhood since 1996, said she started noticing potholes and breaks in the roads about three years ago but said that's only part of the problem.

Both Koester and Small say road and storm-water problems exist on their streets.

"They are our citizens, and if the city can help by putting its weight behind a lawsuit to get compensation, I think it's the right thing to do," Mount Dora Mayor Jim Yatsuk said.

Yatsuk said that the city will not share in the legal fees.

"We do eventually want to take over those roads."

There are more than 600 homes in Phase II. At least 80 lotsarestill available.

Homes, mostly for retirees, start at more than $130,000 and go to more than $300,000.

Country Club is a Community Development District -- an independent government typically controlled by developers, allowing them to sell tax-free bonds and tax future residents for roads, drainage, utilities and other necessities.

"Morrison Homes, although they were the developer of the project, did not construct or install the infrastructure," said Howard Marks, attorney for Morrison Homes.

"If the contractors or engineers did not do it appropriately then it's something to look at. We still have 88 lots out there and obviously are very concerned about any infrastructure problems."

Scott Clark, attorney for the Country Club CDD, said Morrison, which has about 15 developments in Central Florida, is responsible for failing to properly supervise work.

Clark cites a report by engineering consultants Dyer, Riddle, Mills and Precourt, hired by the city and Country Club, which refers to improper design and installation of storm-water structures, construction workmanship problems on pipe connections and inadequate designs leading to road deterioration.

Wilma Hernandez, president of Consul-Tech Development, said her company has not received a formal complaint regarding its work. She said the company prides itself on being professional.

Country Club attorneys and the city are still working on drafts of the complaint.

In a Feb. 10 letter to a CDD member, Steven Parker, senior vice president of Morrison's Florida Region, warned the body that construction litigation is "difficult, time-consuming and very expensive."

But Jack Moore-- with his wife, Evelyn, a resident of the Laurel Ridge neighborhood since 1996 --said he wants the community to sue.

"I am so unhappy with Morrison," said Moore, 81.

"They didn't do a good job; they are trying to make us pay for it. We didn't buy a home thinking we'd have to pay for road and drainage work to be redone."


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