A motion for Summary Judgement submitted by four homeowners who are the plaintiffs in a lawsuit against North Shore at Lake Hart Homeowners Association was denied February 18th by Judge Paetra Brownlee. This represents a major victory for the HOA and is the latest reversal against a small group of residents who have spent more than two years in baseless litigations. This one case alone so far has cost our community more than $50,000 in legal fees.

The case will now proceed and eventually go to trial. A date has not yet been set but based on the current backload of cases it may take at least a year before this matter is heard.  Contrary to what some in the group have been saying in social media, the Judge will not reverse her decision as she found the arguments made by the homeowners had no legal merit.

The lawsuit in question, brought forth by homeowners David Verlander, Brian Friedel, Lynn Sandford, Louise Dutton and John Baker (who since has moved from our community and dropped his name from the suit), wrongly alleges that the HOA Board is in violation of a Department of Business and Professional Regulations order about the way the 2019 Board of Directors election was conducted.  The DBPR incorrectly found that elections for the three years prior had to be overturned because nominations were not taken from the floor, which the community has never done.  This was a procedural error since the DBPR can only look at elections within 60 days from when they occur.

The plaintiffs wanted their lawsuit to be decided via a Summary Judgement. This is a court ruling issued when the key facts of the case are not disputed. Since the purpose of a trial is to have either a judge, a jury or both decide what the facts are, when both sides agree as to what these are, a judge can decide how to apply the law without a trial. But as Judge Brownlee indicates in her order without mincing words, nothing is further from the truth as it pertains to the facts and merits of this lawsuit.

In the Judges’ order, which you can find HERE, she points out at least three instances in which the facts as presented by the plaintiffs are in clear dispute by the HOA Board. Further, Judge Brownlee asserts that the case law cited by the plaintiffs does not support their arguments nor their interpretation of Florida law. She reminds them that only the Legislature can rewrite a statute to mean what the plaintiffs are saying it means.

And if this denial is any indication of how the plaintiffs have erred time and again and failed to show the law is on their side, the Judge indicates that she has the power to review the Order of the DBPR for legal accuracy.  As the DBPR order clearly does not follow Florida law the HOA will now present these facts to the Judge at trial.

By Dave Gordon

I’m sure each of you are as frustrated as I am over the gridlock on Narcoossee Road. Because of the increased traffic, as well as significant development east of North Shore, North Shore Golf Club Blvd. has become an alternative route to Narcoossee Road.   Most drives, errands or commutes have become a lengthy expedition. Even when Narcoossee is finally widened to six lanes, the ability to manage current traffic, let alone Lake Nona’s massive future planned development, is woefully inadequate.

To this effect, I have been engaged in dialogue with Orange County for a long time to find solutions to this problem. Sadly, there have been dozens of accidents in the roundabout and crossing by the golf course.

After more than 100 hours of conversations with county officials on behalf of our community, Orange County Public Works has finally recognized traffic count and speeding on NSGCB to be of high public safety concern. I have pointed out time and again the accidents and the lack of crosswalks for children and walkers. I constantly have reminded officials that not only do we have Moss Park Elementary on the boulevard, but there are also several middle and high school bus pick up and drop off locations here.

Fortunately, Orange County Mayor Jerry Demings and County Commissioner Maribel Gomez- Cordero, who represents our area, recognize these challenges and are in full support of our community. In fact, Commissioner Gomez-Cordero supports my original suggestion of six years ago, to place a resident-only gate at the Kirby Smith entrance to North Shore. School buses, emergency vehicles and residents would have access. Even the Kirby Smith Alliance supports this premise, as they also endure the same traffic increases and speeding through their rural roads.

Over the next few weeks, there will be strong dialog with Orange County Public Works, which has vacillated for some time despite the dangers.  I have forcefully told them that the time for additional studies has long come and gone. We need action. Stops signs, raised crosswalks for students and pedestrians are necessary now and are long overdue.  Fortunately, the mayor and our commissioner have taken notice.

Originally, we simply asked for stop signs at the roundabout, about $400 of cost to the county. First, I was told, “Stop signs increase pollution and we have a green initiative,” to which I pointed out, “So accidents, of which nine have caused bodily harm, are more amicable than a couple of stop signs?”. I was then told, “Stop signs and roundabouts don’t go hand in hand.”  So, the county then spent approximately $100,000 to “enhance” the roundabout, adding additional yield signs, flashing yellow lights and raised crosswalks.

This barely did anything to reduce speed or traffic count.  In fact, “enhancing” the roundabout has now taken traffic (with a large percentage of these vehicles speeding) closer to the children who queue up for the buses at the Lake Shore entrance.

Public works on Narcoossee going slow, NSGCB speed limit being reduced to 25 MPH throughout

Currently, when driving on Narcoossee you see the large 3-foot diameter bright blue utility pipes sitting in the middle of the construction, waiting to be buried.  That is one of the key reasons that the widening project has gone so slow.  This bright blue pipe is the same pipe that the City of Orlando wanted to route through North Shore Golf Club Blvd (NSGCB), then extending on the east side (the lakeside) of Kirby Smith Road.

The many dozens of hours of work to convince Orange County to reroute this to a road already about to be torn up instead of the middle of our community saved our residents at least 2-3 years of disruption, torn up streets and sidewalks, and what would have been hundreds of hours of single lane traffic, noxious odors and dirt everywhere. The proposed route through North Shore would have been very unsafe for our school children and community residents who walk, run and bicycle along the street.

Partnering with John Reich, head of the Kirby Smith Alliance, and the owners of Eagle Creek along with significant support and leadership from Commissioner Gomez- Cordero and Mayor Demings, we were able to reroute this albatross of a project to a more suitable route down Narcoossee.

Personally, I believe one of the mistakes made many years ago was the opening of the Kirby Smith side of NSGCB, which enabled the large volume of traffic now cutting through our community. The original traffic estimates by the county were 1100 ​v​ehicles per day. Many days we have almost 10 times that amount, now averaging approximately 10,000 vehicles per day using the boulevard.

We were using association dues to hire off-duty sheriff deputies to handle enforcement on the county-owned NSGCB.   Due to severe staffing shortages, motorcycle deputies have not been available. And remember, for those who have lived in North Shore for several years, NSGCB was often blocked for 2-3 hours each day, Monday-Friday due to school pickup and drop off.  For years, this resulted in inconveniences for our residents and compromised the ability for emergency services to respond to calls in our community.  Jamie Timko and I spent at least 125 hours meeting with then county commissioner Jennifer Thompson, her chief of staff Susan Makowski, OCPS, sheriff department personnel, and even education officials in Tallahassee who oversee school bus regulations.  We were finally able to arrive at a solution that resulted in the serpentine car queue line throughout Moss Park Elementary School’s parking lot​ ​and relief to our residents, guests and vendors.

I will continue to keep the community abreast as we make progress. The traffic control signs at the south and north entrances are simply the county recognizing that a small portion of NSGCB has a 30 MPH limit​ ​​​​​and they are appropriately reducing that to 25 MPH.  Yet, this does next to nothing to address speeding, safety and traffic problems.

Stay tuned for further updates.

The North Shore at Lake Hart Board of Directors met on Wednesday, February 16, at 5 p.m. The meeting lasted until 6:20pm.  This was the first meeting of the year and covered numerous subjects and activities taking place soon.

Board members in attendance were HOA President Dave Gordon, Paul Snyder and Lisa Solick.  Also in attendance were General Manager John DeCrotie, Financial and Administrative Manager Rebecca Clark, HOA Treasurer Steve Smith and Jennifer Englert from The Orlando Law Group. Twelve (12) homeowners attended by Zoom.

Besides the normal review and approval of past meeting minutes, the Board did something new this meeting.  Instead of having public comments only during the beginning of the meeting, Board President Dave Gordon, at the request of several homeowners, directed General Manager DeCrotie to include a time in the agenda for additional comments at the end of the meeting.  Although no homeowners opted to speak during the latter opportunity, the intent is to continue this for future meetings to encourage residents’ input.

General Manager DeCrotie updated the Board and those present via Zoom on the status of a few key projects in progress.  These projects included: storage building/maintenance shed installation, water and electric lines installation at the dock, repairs needed due to the recent storm damage, OUC streetlight agreement and private patrol performance and contract review.

Following the General Manager’s update, the Board took into consideration several agenda items which included:

Swim Kids USA proposal for lessons in 2022

The Board discussed this proposal and expressed concerns for liability issues along with the potential damages some non-residents could do to the amenities. Mr. Gordon explained that they would consider the proposal and get back with an answer in 7-10 days.

Grounds Committee Report 

• Linda McCauley, Committee Chairperson, discussed items considered in recent meetings of the committee including landscape conditions & plans, traffic concerns along the Blvd, damages to the basketball court and installation of the maintenance/storage shed.
• She reviewed items of interest discussed during the recent site visit with horticulturalist Tom MacCubbin including Phoenix palms, irrigation, and landscape mirroring of both sides of the Moss Park Road entrance.
• She went on to state the Committee recommends the approval of the fence proposals for both the Clubhouse amenities area and the basketball court.
• John mentioned Tom MacCubbin’s recommendation of using “renewal pruning” (drastic cutback of hedges) to help restore the health of aging shrubs. 

NSLH Delinquency Policy

The Board approved a policy that  revokes the use of amenities for residents who are more than 90 days in arrears in their accounts including assessments, fines, fees, and other items owed to the HOA.

NSLH Committee Policy

The Board approved this policy which defines the functions, authority, appointment of members and meeting structure of the NSLH volunteer committees.

Annual Audit and Tax Return Preparation 

The Board voted to approve engaging BDO to perform the audit and prepare the tax return for 2021. State law requires that the annual financial statements be audited by an independent CPA firm.  BDO performed the audit and prepared the tax return for 2020.

Spot AI Camera Clubhouse Proposal

The Board approved this proposal which includes a subscription, web-based surveillance system identical to that which is used at the community gate entrances which has been a valuable resource to recover the cost for damages to the gates. This proposal includes cameras with recording capability inside the clubhouse as well as around the perimeter of the exterior of the clubhouse and the pool area.

Basketball Court Fence with Card Reader

The Board opted to table these proposals until the maintenance/storage shed project has been completed and power can be supplied for the surveillance of the basketball court.

Sports Field Backstop Relocation

The discussion was tabled until the next board meeting.

Clubhouse Amenities Fencing

The discussion was tabled until the next board meeting.

Pool Resurfacing 

The resurfacing will start in March and should be completed by April 11. As recommended by the Board, a penalty will be assessed against the contractor if the project is not completed by April 30.

Speed Humps at Community Gate Entrances

The Board opted to table this discussion until the next board meeting.

Office and Storage Space Buildout 

The Board approved the building of new storage space in the Clubhouse, as well as two much needed staff offices,  at a cost not to exceed $40,000.

The meeting concluded with a discussion of the staff Holiday dates for 2022 and the potential for establishing prescheduled board meeting dates for 2022.

By John DeCrotie

Keeping our community pristine and its amenities in top shape is a top priority for the HOA Board and management. Currently, there are several improvement projects in progress.

COMMUNITY AND KIDDIE POOL RESURFACING – Work is slated to begin in March and should be done by April 11. Penalties against the contractor will begin to accrue on April 30 if the project is not complete. The resurfacing will be paid for with reserve funds. It was originally scheduled for 2021, but COVID-related issues delayed it.

DOCK ELECTRICITY & WATER – To protect the dock against vandals and keep it properly cleaned and maintained, the board decided to run water and power to the dock entrance. During the December board meeting, a contractor was chosen to work on this project. Once the permitting is finalized, the job to install the conduit and pipes will only take about a week. Then our own maintenance staff, instead of outside contractors, can begin power washing and sealing this valuable community asset.

KID’S PLAYGROUND SUNSHADE – The tornado that hit us this fall destroyed the Clubhouse playground covering. While the main metal structure was damaged but immediately fixed, the sunshade was not repairable. As soon as the insurance claim was processed, management requested proposals for a new sunshade. In mid-December the contract was signed for a brand-new, custom shade for both playground structures. Normal manufacturing and installation timelines would be 8 to 12 weeks, but due to material shortages and the custom sizes needed for our playground, the supplier projected 10 to 14 weeks until installation. We’re expecting the new sunshade to be in place in early to mid-March, just in time for the hot weather.

TENNIS COURTS – The tennis court fences were another amenity that sustained storm damage. We are happy to announce that the fences were repaired the second week of February and are now looking great again!

CLUBHOUSE ROOF – After multiple inspections for possible hidden damage, the Clubhouse roof has been deemed structurally sound. A contractor has been hired for roof and soffit repairs, which will begin soon. Once this work is completed, the new camera/surveillance system will be installed for even better protection of our community amenities.

February is for love, friends and chocolate (just in case you need an excuse to indulge). But indulge you may, as chocolate is rich in antioxidants and has many health benefits when consumed in moderation. By the way, adding sugar to cacao is kind of like a modern thing that happened, according to many historians, in the mid-19th century. The Aztecs and Mayans had been consuming it for many centuries as a bitter drink they considered to be a gift from the gods and medicinal in nature. Wanna learn more? Read on.  

1. Money did grow in trees: The Mayans and Aztecs used cocoa beans as currency. To keep the value of the cocoa bean in check, the cultivation of cacao trees was restricted so that people could not “grow” money as they pleased.
2. Chocolate is good for the brain: The smell of chocolate increases the type of brain waves that trigger relaxation. Chocolate also contains tryptophan, which the brain uses to produce serotonin, a hormone that causes generalized euphoria. So, eating chocolate really does make you happier!
3. Antioxidants galore: Chocolate, especially the darker types, is rich in antioxidants. These keep free radicals at bay. (Free radicals are unstable atoms that can damage cells.) Additionally, regularly eating dark chocolate may help reduce the likelihood of developing heart disease. Some of the compounds in dark chocolate, specifically flavanols, may positively impact two major risk factors for heart disease: high blood pressure and high cholesterol.
4. Chocolate milk is a great post-workout drink: Milk’s protein has been shown to help athletes gain more lean muscle. In a study of healthy, untrained men, those who consumed fat free milk after exercise gained more muscle and lost more body fat at the end of a 12-week training program than those who drank a soy protein beverage or a carb-only beverage. All three types of beverages had the same number of calories.
5. There’s a good reason why good quality chocolate is expensive: It takes 400 cacao beans to make just one pound of chocolate. If you consider the average cacao tree annual production is 30-60 pods, and that each pod contains around 40 beans, then each tree produces just 2 -3 pounds of chocolate per year. Factor in the fact that cacao pods are harvested by hand and the higher price tag for chocolate brands with a high content of cacao starts to make sense.
6. Repeat with me: “White chocolate is not chocolate” – Its main ingredient is cocoa butter, a pale-yellow vegetable fat that comes from cocoa beans but isn’t chocolate. It doesn’t taste good on its own, so milk solids, milk fat, sugar and vanilla are added to make it palatable. If you like it, go for it! But it doesn’t have the same benefits as the real thing.  

By John DeCrotie

North Shore’s  six-member community patrol are the eyes and ears of our neighborhood and respond quickly to resident’s concerns about maintenance, safety, parking and noise issues.

The patrol’s main purpose is to look for suspicious activity and report any potential crimes to law enforcement. They patrol all eight neighborhoods, the NSLH Clubhouse, our amenities and the Mallard Landing Park and the dock.

They also keep our private roads clear, so emergency services have unrestricted access to our homes. To accomplish this, they must enforce the existing NSLH Parking Policy. The community policy mirrors the traffic code in Orange County and contains the same requirements for parking on any street in the county. The largest difference is that North Shore has “even and odd” parking rules based on the month.

And when cars are parked illegally, the patrol doesn’t just immediately tow them. If there’s a parking issue during the day, the patrol will contact the closest residents to make them aware of the violation and give them the opportunity to correct it. After dark, however, homeowners have requested that patrol members NOT knock on doors. So, in these cases, the patrol has no choice but to tow the illegally parked vehicle. 

The patrol also serves as a conduit for noise concerns. The HOA has a Nuisance Violation that can be issued to a homeowner if the disturbance can be documented. Patrol members can document the violation and forward the information to management.

The patrol is a contracted service that reports to and communicates daily with management. If a resident has an issue with safety, parking, community maintenance or neighborhood nuisances, they should contact management at the office 407-207-0520. Access Management has a 24-hour answering service at 800-919-6592 if a resident has a problem after business hours. The answering service will contact the management staff to make them aware of the call. Management can then contact the patrol for on-sight action. Of course, if there’s a true emergency, residents should first contact 911.

Ultimately, the patrol is a visual deterrent to crime and those that could harm our community. We are fortunate to have them patrolling our neighborhoods to ensure our safety and wellbeing.

John DeCrotie is general manager/community association manager of North Shore at Lake Hart.