Pelican Landing homeowners sue developer for control

Article Courtesy of The Naples Daily News

By Maryann Batlle

Published March 6, 2016

 

From U.S. 41, the Pelican Landing community in south Lee County is walls, signs and gates.
  
Only its members and those they let in get to see the streets of trimmed yards and American-as-apple-pie suburban homes.
   

Behind the outer walls, there are tennis, pickleball and boccie courts. There is a private beach on Estero Bay, accessible only by boat. A sprawling clubhouse hosts tasteful events for residents and their guests.

"It's a small town," said Barbara Craig, as she drove a journalist on a tour one recent morning. "It's not a city, but it's a small town."

Pelican Landing's neighborhoods are built on the promise of a lifestyle that WCI Communities sold - one of luxury, exclusivity and plush amenities. People bought in, snapping up about 3,200 housing units.

In February some of those same people sued WCI because they claim the developer has put their lifestyle in jeopardy. Craig is a plaintiff.

New midrises are under construction in The Colony Golf & Bay Club, which sits along Coconut Road in Estero.


   
"They're not evil," said Craig, a retired university professor, about WCI. "They simply are what they are. They have no heart. They have no soul. They have profit. That's what motivates them."

The dispute between Pelican Landing residents and WCI has been building for years. What changed is that WCI is pursuing city of Bonita Springs permission to build up to four high-rises outside the gates on what is a golf course known as Raptor Bay today.

"That advanced everything," said Bob Loos, who lives in a The Colony Golf & Bay Club midrise. (The Colony is a separate WCI gated community of residential towers within Pelican Landing - so it's behind two walls.)

"It became a point where you have to take a stand," Loos said. "And it's time to take a stand."

WCI would bring those four high-rises into the Pelican Landing homeowners association, which would give people living in them access to all of the community's amenities, Loos said.

But those amenities, especially the Estero Bay beach, are over capacity, he said.

"Real estate developers, they like to make money. And I understand that. But they have to be considerate of the people they sold to."

The ins and outs of the complaint - filed by Craig and an unknown number of homeowners under the name "Residents for a Better Community" - are a glimpse into the highly technical rules of Floridian homeowners associations.

The complaint argues that WCI broke its promise to turn over total control of the homeowners association to residents. The turnover should have happened when 85 percent of the units were sold, the complaint claims.

Therefore, any WCI plan to add hundreds of people to Pelican Landing's homeowner association - and give them all beach rights - is invalid, according to the complaint.

WCI said in a statement that the homeowners association is not suing and that Residents for a Better Community is "an unofficial group."

"We believe the allegations in the complaint are without merit, and we will vigorously defend ourselves in this action," WCI said in its statement.

Craig - a widow who describes her condo surrounded by trees as "a peaceful center" - said residents are prepared for a fight.

"This matters to me."

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