With fees rising and upkeep lagging, Osceola homeowners blast back at their HOA
They’re seeking to oust their elected board, saying the neighborhood near Kissimmee has never looked worse.

Article Courtesy of  The Orlando Sentinel

By Natalia Jaramillo

Published December 23, 2024

 

When retirees Becky and James Turner moved into Parkview at Lakeshore six years ago, they hoped they had found their dream: A home they could enjoy in their twilight years, then pass on to one or more of their four children and 11 grandchildren.

It hasn’t turned out that way, and they blame the poor management and escalating fees on the elected board that oversees their private community. Their annual charge has skyrocketed from $2,800 in 2021 to $4,650 this year, forcing the couple — who live on a fixed income — to sell their second car, spend their days triple-checking for the best grocery deals, and make fewer trips to see the grandchildren.

Built in an unincorporated part of Osceola County near Kissimmee in 2005, Parkview is governed as a community development district, or CDD, which under state law is responsible for maintaining the over-500-home community and its amenities with fees paid as part of tax bills.

 

While the higher fees ought to ensure a well-maintained community, the Turners and many of their neighbors say, the playgrounds, the pool and lawns at Parkview have never looked worse.

“When I look at this neighborhood in 15 years, when I leave it to one of my children or grandchildren, I don’t think I’m going to be very comfortable because it’s being run down and it will continue to get worse,” said Becky Turner, whose one-story, single-family home is adorned with American flags.

In the subdivision, where tidy townhomes and detached houses contrast with the community facilities in obvious disrepair, many residents have similar stories. Now they’ve banded together to try to throw out the majority of their governing board.

Tensions are running high — a recent homeowners association meeting devolved into shouting and the police had to be called to calm things down. Board chairman Victor Cruz says the board’s critics just don’t understand how CDDs work, and blames financial problems on previous boards.

These sorts of conflicts are an occupational hazard in Florida neighborhoods governed by CDD boards and homeowners associations, said Andrea Anderson, a lawyer who specializes in HOA and CDD law and has worked on similar cases in the Kissimmee area.

“Florida law gives the association, the board of directors, a tremendous amount of power,” Anderson said.

HOAs and CDDs are both run by elected community members — but an HOA focuses more on aesthetics while a CDD handles larger projects such as infrastructure. A CDD can also raise funds by issuing bonds and acquire or dispose of real and personal property.

Parkview has both governing structures, but its HOA and CDD are overseen by the same board. The district has $6.3 million in total debt, according to Cruz, which generally has been spent to maintain and improve the neighborhood and its infrastructure. The debt is paid down by the fees.

“They completely ignore us when we ask for things like ‘How do we get an audit?’” Becky Turner said about the board members. “Where did this money go?”

As a result, Parkview residents filed petitions Nov. 25 with the Osceola supervisor of elections asking to recall Cruz, Vice Chair Badia Strachan and Secretary Cesar Goyetche. The petitions included signatures of 153 residents. Residents claim, and tax records suggest, that those three board members haven’t paid their own CDD fees since 2022, but Cruz says that is not true.

In a possible sign of more problems, a representative of Avid, the property management company hired for Parkview, said there are issues with the annual audit and the company doesn’t intend to renew its contract with the CDD — currently in its first year. Avelino Vide, Avid community manager for Parkview, cited discrepancies in the figures for CDD expenses and revenues, and said that board members don’t communicate directly with Avid or involve it fully in maintenance contracts or capital projects, actions he calls “concerning.” Avid manages over 100 properties in Florida, and Vide says the issues they have had at Parkview are very unusual.

“I feel weird not renewing it right now because it looks like we’re running from something,” he said. “But I don’t feel comfortable with the contract.”

To appearances, the community is sorely in need of better oversight.

As residents and visitors enter Parkview at Lakeshore, broken mailboxes lie on their sides in front of a row of townhomes. Many roads through the neighborhood have large, unpaved patches, and vacant lots where homes have not been built are covered in litter.

The amenities are little better. The neighborhood’s parks feature large empty fields with broken soccer nets. Next to the community pool stand stacks of discolored pool chairs. Along the back of the neighborhood lies a harbor view of Lake Toho, but the unfinished dock is blocked off with caution tape.

Tamika Harold has been leading the recall effort — gathering signatures, rallying residents and attending CDD meetings. Harold’s fees have soared, as well. In 2021 she paid $2,733 and this year they’re over $4,500. Fees vary with lot and home size; some residents pay more than $7,000.

“I want criminal charges to be filed and for the board members to take responsibility,” Harold said, who lives in a two-story home and recently added a pool to her backyard. “This was my dream house in my dream neighborhood.”

Kari Ewalt, a spokesperson for the Osceola supervisor of elections, said the board members can resign or file counterpetitions with a greater number of signatures from residents to remain in office and forgo an election. The office is verifying signatures but it appears residents have enough to warrant an election, she said.

Cruz blames the increasing fees on inflation and debt accumulated by past board members. He said community maintenance has been a challenge because the board had to spend money on larger projects, including roughly $24,000 to fix irrigation issues and over $200,000 to fix a sinkhole. Cruz said additional funds are going to build a community dock that was part of the original master plan and a “selling point.” It’s not finished and he didn’t know the final price tag.

“I ran for the board to better the community and I share a lot of concerns with the residents,” Cruz said in an interview with the Sentinel. “I want to fix what the previous board did.”

Goyetche and Strachan didn’t respond to requests for comment by email and phone.

But board member Walter Klass said there’s a culture of “yes men” on the CDD who agree with Cruz without questioning decisions.

Klass, elected in 2020, said when he first joined the board he was informed where money was spent but that slowly stopped. Now, he said, Cruz doesn’t bring projects to the board for approval and won’t answer questions.

“Victor is running the show … the money goes into his preferred projects and the other members just agree,” he said.

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