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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION
CASE NO. 2014-CA-010601-O
THE CREST AT WATERFORD LAKES CONDOMINIUM ASSOCIATION, INC.,
Plaintiff, v.
WATERFORD LAKES COMMUNITY ASSOCIATION, INC.,
Defendant.
AGREED ORDER
MODIFYING ORDER
PRELIMINARILY APPROVING SETTLEMENT AGREEMENT AND DIRECTING PLAINTIFF
TO FURNISH “ OPT-OUT”
NOTICES TO UNIT OWNERS AFFECTED BY THE PROPOSED SETTLEMENT
This action came before me on September 10, 2015 on the parties' ore tenus Joint Motion to Enter Agreed Order Modifying Order Preliminarily Approving Settlement Agreement and Directing Plaintiff to Furnish “Opt-Out” Notices to Unit Owners Affected by the Proposed Settlement, and the Court, having considered the presentation of counsel, finding that both the Mail Notice and this Court's Order entered on June 29, 2015 have both been timely and properly mailed to all of Plaintiff s condominium unit owner-members and being otherwise duly advised in the premises, hereby
1. ORDERS that Plaintiff shall cause to be published, in a newspaper of general circulation in Orange County, Florida, once per week for two (2) consecutive weeks prior to the date of the Final Hearing to be held in this action, the Notice to Current and Former Owners of Condominium Units at The Crest at Waterford Lakes (a copy of which is attached to this Order), with the second publication date being at least fourteen (14) days prior to the date of the Final Hearing. It is further
2. ORDERED that paragraph 2 of the Settlement Agreement executed between the parties and filed with the Court on June 12, 2015 is hereby amended to allow either Plaintiff or Defendant through and until October 29, 2015 to exercise its right to rescind. It is further
3. ORDERED that all other terms and conditions set forth in the Settlement Agreement (inclusive of the exhibits thereto) are hereby reaffirmed unless expressly modified by this Order. It is further
4. ORDERED that the Court shall conduct the Final Hearing in this matter on November 2, 2015 at 1:30 PM at the Orange County Courthouse, 425 North Orange Avenue, Hearing Room 17-A, Orlando, Florida 32801 to consider entry of a final judgment in this action. One (1) hour has been reserved for this hearing. It is further
DONE and ORDERED in Orlando, Orange County, Florida this ___ day of September 2015.
Original Signed SEP 10 2015
HON. JANET C. THORPE
CIRCUIT JUDGE
Certificate of Service
I hereby certify that a copy of the foregoing Order (and attached Notice) was filed with the Clerk of the Court via the Florida Courts eFiling Portal, which shall send an electronic notice and copy of same to all counsel of record, this 10th day of September, 2015. I hereby further certify that a copy of the foregoing Order (and attached Notice) was furnished via first class U.S. mail, postage prepaid, to Fernando Maldonado Terron, 738 Crest Pines Drive, #724, Orlando, Florida 32828 this ____ day of September, 2015.
Conformed and Mailed
SEP 10 2015
PATTY NIELSEN
Judicial Assistant/Attorney
Judicial Assistant
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION
CASE NO. 2014-CA-010601-O
THE CREST AT WATERFORD LAKES CONDOMINIUM ASSOCIATION, INC.,
Plaintiff, v.
WATERFORD LAKES COMMUNITY ASSOCIATION, INC.,
Defendant.
NOTICE TO CURRENT AND
FORMER OWNERS OF
CONDOMINIUM UNITS AT THE CREST AT WATERFORD LAKES
A state court judge has authorized this notice. This is not a solicitation from a lawyer.
A settlement of the legal action filed by The Crest at Waterford Lakes Condominium Association, Inc. (“The Crest Association”) against Waterford Lakes Community Association, Inc. (“The Waterford Lakes Master Association”) has been reached in Case No. 2014-CA-010601-O, the Honorable Janet C. Thorpe, Orange County Circuit Judge, presiding.
The key terms of the settlement are as follows:
1. Effective June 30, 2015, The Crest Association -- and all condominium units subject to its jurisdiction and authority -- shall no longer be legally considered part of the overall Waterford Lakes development, and all references included in The Crest Declaration of Condominium to the terms “Master Association'', “Master Covenants” or “Master Development Order”, shall be deemed stricken without any need for the recording of any amendment to The Crest Declaration.
2. Effective June 30, 2015, neither The Crest Association nor its Owner-Members shall have any obligation of to pay future homeowners association assessments to The Waterford Lakes Master Association.
3. Effective June 30, 2015, neither The Crest Association's Owner-Members, nor their tenants and guests, may use any of The Waterford Lakes Master Association amenities or be entitled to cast votes to toward the election of board members of WLCA.
4. Effective June 30, 2015, neither The Crest Association nor any of its Owner-Members shall market, for sale and rental purposes, that The Crest Owner-Members, or their tenants or guests, are entitled to use any of The Waterford Lakes Master Association amenities.
5. The Crest Association shall waive, release and surrender any and all claims and defenses it has or may have, either in its individual capacity or through its rights to assert a claim on behalf of The Crest Association's Owner-Members relative to any amounts paid to or charged by The Waterford Lakes Master Association and arising from assessments levied prior to July 1, 2015.
6. The Crest Association's Owner-Members also shall waive, release and surrender any and all claims and defenses they have or may have to demand recovery of any amounts paid to or charged by The Waterford Lakes Master Association and arising from assessments levied prior to July 1, 2015.
7. The Waterford Lakes Master Association shall waive, release and surrender any claim it holds or may hold to the recovery of any amounts from The Crest Association or The Crest Association's Owner-Members, which amounts arise from the recorded Declaration, as amended, governing The Waterford Lakes Master Association or the recorded Declaration governing The Crest Association and The Crest Association's Owner-Members, other than for the recovery of any amounts paid to or charged by The Waterford Lakes Master Association and arising from assessments levied prior to July 1, 2015.
Additional details concerning the contemplated settlement are set forth in the Settlement Agreement on file with the Court in Case No. 2014-CA-010601-O, and available via the website for The Crest Association located at: http://www.thecrest.hoaspace.com/ In order to maximize transparency while simultaneously holding costs down for The Crest Association's Owner-Members in this matter, The Crest Association's Board of Directors shall be uploading all pleadings, orders and other papers docketed in Case No. 2014-CA-010601-O to that website for the convenient review of all its Owner-Members.
OPT OUT RIGHTS
Any of The Crest Association's Owner-Members may elect to “opt-out” of the settlement of this action. The only way to “opt-out” is to complete an Exclusion Notice, the form for which is attached as Exhibit “A”. The Exclusion Notice must be signed by each person (or in the case of any legal entity, by the highest ranking official representative of that entity) currently (or formerly) owning a specific Crest Unit (or Units), and that signed notice must be filed in the court file in the Lawsuit, with copies mailed to counsel for The Crest Association and The Waterford Lakes Master Association, no later than October 15, 2015, with time being of the essence. The address of the Court Clerk to whom any Exclusion Notice shall be mailed (or hand delivered) and filed is: Clerk of the Circuit Court, Orange County Courthouse, 425 North Orange Avenue, Orlando, Florida 32801.
Additional details concerning the “opt-out” rights of The Crest Association's Owner-Members are set forth in the Settlement Agreement on file with the Court in Case No. 2014-CA-010601-O, and available via the website for The Crest Association located at: http://www.thecrest.hoaspace.com/
A Final Hearing is set for November 2, 2015 at 1:30 PM at the Orange County Courthouse, 425 North Orange Avenue, Hearing Room 17-A, Orlando, Florida 32801, before the Honorable Janet C. Thorpe, Circuit Judge, to consider entry of a final judgment in this action. One (1) hour has been reserved for this hearing. In the event the Final Judgment is entered, it shall include the terms of the Settlement Agreement. Any Owner-Members who timely exercise their rights to “opt-out” of the Settlement Agreement shall neither be entitled to the benefits of, nor bound by the obligations of, the Settlement Agreement, and all Owner-Members who do not timely exercise their rights to “opt-out” of the Settlement Agreement shall be entitled to the benefits of, and will be bound by the obligations of, the Settlement Agreement.
Should you have any questions concerning this matter, you are encouraged to seek legal counsel promptly. Requests for information may also be directed to the counsel for The Crest Association (contact information provided below); you must understand, however, that this counsel represents The Crest Association, and not any current or former unit owner, individually, and therefore shall not be able to provide you with legal advice.
Dated: September 10, 2015.
/s/ James A. Gustino
Florida Bar No. 612499
James A. Gustino, P.A.
P.O. Box 770759
Winter Garden, Florida 34777-0759
(407) 905-8820 | telephone
(407) 905-9211 | facsimile
[email protected]
[email protected]
COUNSEL FOR PLAINTIFF,
THE CREST AT WATERFORD LAKES CONDOMINIUM
ASSOCIATION, INC.
EXHIBIT “A”
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO.: 2014-CA-010601-O
THE CREST AT WATERFORD LAKES CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation,
Plaintiff, v.
WATERFORD LAKES COMMUNITY ASSOCIATION, INC., a Florida not for profit corporation,
Defendant.
EXCLUSION NOTICE
I am an owner/we are the owner of a condominium unit within the Crest at Waterford Lakes Condominium Development in Orange County, Florida. My/our unit address is:______________(type or clearly print the address of the unit), Orlando, Florida 32835 (the “Crest Unit”). My/our mailing address is (circle a. or b. below; if b., type or clearly print the mailing address):
a. The Unit; or
b. ____________________
I/We have reviewed the terms of the proposed “Settlement Agreement” (the “Settlement Agreement”) between Plaintiff, THE CREST AT WATERFORD LAKES CONDOMINIUM ASSOCIATION, INC. (“The Crest Association”), and Defendant, WATERFORD LAKES COMMUNITY ASSOCIATION, INC. (“WLCA”). I/We choose to exercise our “opt-out” right pursuant to the Settlement Agreement and choose to be excluded from the “Class”, as that term is defined in the Settlement Agreement. I/we understand we will be within the “Excluded Crest Owners”, as that term is defined in the Settlement Agreement.
I/WE HEREBY CERTIFY that I have filed this document with the Court and have served a copy upon James A. Gustino, Esq., James A. Gustino, P.A., P.O. 770759, Winter Garden, FL 34777-0759 (counsel for The Crest Association) and Matt G. Firestone, Esq., Shuffield, Lowman & Wilson, P.A., Gateway Center, 1000 Legion Place, Suite 1700, Orlando, FL 32801 counsel for WLCA, on this ___ day of ____, 2015.
__________
Print Name: __________
__________
Print Name: __________
This document must be completed and signed by all record owners of a “Crest Unit” in order for the owners of that unit to be excluded from the “Class” and become part of the “Excluded Crest Owners”. The fully completed and signed form must be filed in the court file, with copies mailed to counsel for The Crest Association and WLCA, no later than October 15, 2015, with time being of the essence.
If all of these conditions are not met, the “Exclusion Notice” will be deemed ineffective and the owners of the “Crest Unit” will be included in the “Class”.
September 17, 24, 2015 15-03991W