Summer 2024 Legal Update
As many of you know, North Shore at Lake Hart HOA is currently named as a defendant in six different pending lawsuits filed by a handful of homeowners and, until recently, the HOA was a plaintiff in two different lawsuits against homeowners. One of those cases was recently dismissed with all parties in agreement. In an effort to keep everyone updated on these proceedings, the following is a brief update:
- Sandford vs NSLH HOA and several current and past Board members: This suit was filed in September of 2020 by homeowner Lynn Sanford and two other residents who are not identified by name. They are seeking damages close to $20 million. All three residents are represented by homeowner and attorney Bruce Burtoff. The suit claims the HOA improperly used funds to defend board members from slanderous accusations that were proved wrong. The HOA maintains that because the Board members were sued in their capacity as officers of the HOA their legal defense was warranted and appropriate in every way. The case was dismissed five times without prejudice (which meant the plaintiffs could refile, which they did every time) and the sixth time it was tossed out with prejudice. You can see the judge’s order HERE. Not content, Sanford represented by Burtoff, has filed an appeal with the Fifth District Court of Appeals. At this point, the HOA has spent more than $300,000 in legal fees defending homeowners who would be on the hook for up to $20,000 (or more) each in special assessments should the plaintiffs prevail. Incidentally, Burtoff and newly elected Board member Greg Mathison came by the office on May 5th and asked to speak with association manager Laurie Bihailo. She invited them into her office to chat with her and Compliance Manager Tanner Mews. Unbeknownst to them, Burtoff set up his phone in recording mode and partially covered it with a baseball cap to illegally record them. Florida law makes it a felony to record a conversation without consent. Burtoff and Mathison stepped out into the hallway to confer and left the phone behind attempting to capture anything said between Laurie and Tanner. The plan was foiled when Tanner realized what was going on, at which point Laurie confronted the men and was met with hostility by Burtoff, who readily admitted what he had done.
- NSLH HOA vs Lynn Sandford and Lisa Mason: This lawsuit was filed 11/8/2019 by the HOA. This case has now been dismissed. North Shore and Lynn Sandford have agreed that it is in the best interest of all parties to resolve Orange County Case No.:2019-CA-013714-O.
- Miriam Burtoff vs NSLH HOA: This suit was filed in February of 2024 by Miriam Burtoff to petition the court to enforce a December 2023 ruling by the Florida Department of Business and Professional Regulations (DBPR) ordering a five-seat election. At a hearing on June 25th, our attorney argued that the DBPR Arbitrator made an illegal ruling because he did not have the jurisdiction to review prior year’s elections that were not protested by any homeowner. Three board members (Steve Smith, Paul Snyder, Lisa Solick) are in favor of the HOA defending against this case to maintain the integrity of its election process as set forth in its bylaws and to protect all future elections against rogue DBPR arbitrators. New board members Greg Mathison and Kurt Kuhl disagree and are in favor of a five-seat election.
- Miriam Burtoff vs NSLH HOA: In the case described above, Miriam filed a protest of the 2023 NSLH HOA election with the DBPR which led to the DBPR December five-seat election ruling referenced above. She was represented during the DBPR matter by her husband Bruce. She asked the DBPR for attorney fees to pay her husband, but her request was denied by that regulatory body. She then turned to the courts with her money request and is now suing the HOA for $40,000 to pay her husband for representing her. The HOA is vigorously defending against paying Burtoff’s fees, which are not the homeowners’ responsibility.
- David Verlander, Brian Friedel, Lynn Sandford, Louise Dutton vs NSLH HOA: The case was filed in July of 2020 and originally included John Baker who has since dropped out of the suit since he is no longer a NSLH resident. David Verlander and Louise Dutton are also no longer NSLH residents. They are requesting the court to enforce a DBPR Order for a five-seat election based on a protest they filed contesting the 2019 election. The HOA has been and will continue to defend against this case for the same reasons stated in # 3 above. There has been no activity on this case since 2022 and the plaintiffs, through their attorney, have recently filed a Motion to Stay (put on hold) this case until the outcome of the 6/25/24 hearing in the Miriam Burtoff case (see # 3 above) is known.
- John Baker, David Verlander, Brian Friedel, Lynn Sandford, Louise Dutton vs NSLH HOA: This suit was filed in July of 2021 to collect attorney fees that were awarded by the Appellate Court for an appeal filed by the HOA of the five-seat Final Order issued by the DBPR in 2020 (see # 5 above). The Appellate Court decided that it was not the proper legal forum to hear the appeal by the HOA and that it should instead be heard by the Orange County District Court. Therefore, the Appellate judge awarded $9,480 in legal fees to the plaintiffs, but the HOA has challenged that ruling on the basis that the DBPR violated their jurisdiction by ordering the five-seat election to begin with. The Appellate judge also awarded $8,330 in legal fees to the plaintiffs for part of their fees in hearings with the DBPR. The HOA is also challenging that decision for the same reason. There has been very little activity on both of those cases since October 2022.
New Utility Cart Purchased at no Cost to Homeowners
We have a new utility cart purchased at zero cost to homeowners. The 2024 Tracker Off-road OX-400 was bought from Bass Pro for $10,668 and paid entirely with eminent domain funds from a suit against Orange County when it took a piece of land owned by North Shore. Thus, the purchase does not affect the budget other than for future maintenance costs.
The cart has a 401cc engine with 13.5 HP and a 6.65-gallon gas tank that delivers economy and durability. It replaces a golf cart that was in use by our maintenance staff, which went well beyond its expected lifetime and recently broke down needing expensive repairs. On February 20, 2024, the HOA Board approved the purchase of a new utility cart. The 2024 Tracker Off-road OX-400 can accommodate a 500lb load and has an attached hitch with a 1200lb towing capacity that will allow transport of gate arms, water tanks and other heavy equipment that is regularly used throughout the community.
Benny, one of our maintenance staff, uses this cart on a daily basis. Twice a week he empties all the pet waste stations (in excess of forty individual stations) and takes all of the bags of waste back to the dumpster at the community center. This involves hauling and replacing used bags and stocking every station with both pick up bags for homeowners as well as the canister bags which are usually completely full of used pet waste bags. He also empties all of the trash cans located throughout the HOA property. He uses the cart to haul the long duster used to remove spider webs at the observation deck. Multiple times a year he and Irving, also a staff member, will haul the pressure washer, sprayer and multiple cans of sealer to the dock area. This is a much needed new work cart.
Happy Birthday America! North Shore Goes Red, White and Blue
We hope that by now everyone has noticed the red, white and blue throughout our community. Inspired by what North Shore homeowner Bob Schoneman has done in the community in the past, our staff put up many patriotic decorations on June 14th to celebrate Flag Day.
Flag Day is observed each year because on June 14, 1777, the Second Continental Congress adopted the stars and stripes for the flag of the United States. Flag banners were draped across the front entrance of the clubhouse, while additional flags were placed at all subdivisions’ entrances, as well as the Moss Park and Kirby Smith entrances. More flags were displayed at every street light post along North Shore at Lake Hart Blvd. and at the roundabout by the golf course. Red, white and blue wreaths were also hung on every gate in the community.
Further, if you’ve driven by the Moss Park entrance fountains at night you’ve seen the light proudly shining red, white and blue. The decorations remained throughout the community to help celebrate our beautiful country’s 248th birthday. One last bit of information for you history buffs out there: The red represents valor and bravery, the white represents purity and innocence, the blue represents vigilance, perseverance and justice, while the white stars symbolize the heavens and the divine goal that we all strive for.
How Many New Trees? That would be 52!
With the recommendations of renowned horticulturalist, Tom MacCubbin, we have some exciting additions to NSLH’s beautiful landscape. Four new crape myrtles were installed within a large, voided area at the Myrtle Creek exit, as well as another 48 crape myrtles planted on each side of the walkway from the bridge to the end of the dog park area, which will create a beautiful colorful canopy and provide shade.
While always striving to improve our community with beautiful landscaping, we also wanted to help replace trees that had to be removed last year due to damage they were causing to HOA sidewalks. We can’t always replace a tree in the exact same location, but we do strive to replace as many trees as possible throughout our community. Additionally, a freshwater faucet has been installed at the dog park for our furry friends, so homeowners have easy access to water for their pets when they come to enjoy the dog park.
Our staff and vendors continue to work closely on NSLH’s landscaping and areas of improvement within the community. In addition to the installation of crape myrtles, the underbrush under the dock walkout has been cleared out and cleaned up of debris. The cattails that were obstructing the view at the end of the dock were thinned out and the Brazilian pepper trees (an invasive, nonnative species) were removed at the North Shore Boulevard/Kirby Smith Road exit, allowing drivers a more unobstructed view of the two roads. Additionally, hurricane cuts for more than 300 palm trees on HOA property are scheduled for later this month.
Storage Unit
In an effort to relocate items that were being stored in the mechanical room, bathroom closets and the social room of the clubhouse, the HOA rented a 15’ X 20’ storage unit from the Storage Sense facility on Moss Park Road. New shelving was also purchased to organize the items and store them safely. The new work cart is stored there nightly and weekends as well.
As we continue to move items over to the new storage space we are evaluating if there is adequate room to also move some of the HOA’s permanent records there. Those are currently being stored in the social room. Eventually, it may be necessary to rent another storage unit.
We are working toward getting the social room cleaned out as much as possible so it can once again be used for social functions for and by the homeowners.
