Village of Lake Tarpon, Inc

Lake Tarpon Village apartment rentals at the entrance of the village are available with encouragement to 50 and over.  Call 727-858-9443  for details.  There  are two pods of two bedroom apartments with screened porches overlooking the pool.  The pool is part of the amenities offered by the management of the apartments.  The fee paid by the apartment owners to the Corporation "Village of Lake Tarpon, Inc." goes to the share holder disbursement caused by the judgment of 2004 after 507 residents in Lake Tarpon Village became the owners of the common grounds.  The corporation of the village is Village of Lake Tarpon, Inc.

How many residential sites are in the village? 507 with approximately 18.16 acres deed restricted

How many households must vote to change the by-laws, rules and regulations, or the covenants?  381 households, which is 75 percent requirement

What was the social security increase for 2006 that regulates our maintenance fee? 4.09381663113 percent increase $2.88 Our maintenance was increased by this figure (From $70.35 to $73.23)  This increase will not include the loan amount taken each month for Bank of America.  This increase was done incorrectly until 2010 and now in 2012.  The regulation only states the ceiling figure.  This has been mistakenly taken as the actual figure to raise the figure now in 2012 $84.74

Where do we get pool tags, and how many are we given? Office open Thursdays 12:30 to 4:30pm, four tags given

Residents are protected by the "Declaration of Covenants, Restrictions, Limitation, Conditions, Charges and Uses Covering Real Property Described herein" When does the covenant cease?   The year 2067  
What is the width of the easement on our individual properties?  Determined by the Building Codes Lot setbacks: 6ft ea side, 10 ft rear, 25 ft front. 
For corner lots approximately 25 ft front and street side with 6 ft rear and non-street side
What documents regulate all residents.  How many of these have been changed and when?

Chapter 617 and Chapter 720 Statutes and Constitutions www.flsenate.gov

Declaration of Covenant 11/22/67 Kimble and LC  6796538  2722  Pg 256, (only valid until 1997) Every 30 years revitalization required to continue their validity.  A 75% vote is required. COVENANT REVITALIZATION (fs 720.403-407) was not followed correctly in March 2012. )

Amendment dated Oct 14, 2004 (C. Dunn and K. Walsh signed a  statement affirming the 75 percent vote only) Not filed

Articles of Incorporation (A Corporation Not-For-Profit) filed 8/30/04 by R.Nathan Hightower esq. (registered agent)H040001762543 Tallahasee

By-laws 10/21/05 signed by Barbara Rudick, secretary (not voted on by the residents)  2005425604  Bk 2148

Rules and Regulations 11/22/67 signed by C.J. Larsen, President (not voted on by the residents)

Rules and Regulation  1981 (no document stamp or shown to be filed)

Rules and Regulations 3/20/02 (no signature and never filed)

Rules and Regulations November 2005 in January 2006 bulletin (not filed or voted on)

Building Codes for Pinellas County (confusion where/when they appeared March 20 2002 was LC, never voted on)

Judgement of February 12, 2004 Case No. 03001909-CI-15 

What mortgages have we taken out, and what is the last and current mortgage? 

There were four.

LC states in the cookbook: January 1, 1998 was the first one with the Kimbles.

The present mortgage states: January 9, 2003 at 6.6 percent interest...
 
A Quit Claim Deed of August 27, 2004  was recorded (BK14076 PG569) January 21, 2005
 
March 30, 2005 and... June 23, 2005

The first mortgage was held by the Kimbles at 8 percent for 5 years

The second mortgage agreement was with Bank of America and the LC

The third was a balloon mortgage March 2005 when the present mortgage which is now $1.1 million. Bill Palmer paid over $30,000 in closing costs

The fourth was to correct the balloon mortgage of March 2005 on June 23, 2005 to a variable rate connected to the prime.   Bill Palmer was alone in the office for this signing with (one male and two femaile officers from Bank of America.) 

We pay approximately $83,557 a year for this mortgage per information in March 2006 bulletin. 

Do we pay The Division of State Lands for our dock and slips? Yes, starting July 1, 1999 we lease $1,296 plus tax yearly (520029824). 
Who will pay this large bill on the streets, what was that figure 40,000? 
From the maintenance fee $448,573.32 a year.  This is raised only by the price index percentage as stated in the Covenants.  The judge felt that this was ample revenue to maintain all costs.  
What is the property tax of the common ground?  None.(even though Ameri-Tech property management states taxes in their contract)
Around $17,577 by the December budget reported in the March 2006 bulletin, the assessed value $816,000 in 2007 there will not be property tax on common ground per board meeting minutes.  We are Not-For-Profit Status.  We pay no property tax. 
What is the yearly income of the village?     In 2006 the formula was      507x$73.73 plus income from the (1) boat slips, (2) sail boat racks, (3) apartment user fees (4) compound.

$448,573.32 villagers 2006, boats $4,475, apartments $9,395, Compound $2,070 reported March 1, 2006 Total $464,513 with additional variable income from late fees, legal reimbursement, operating interest, and donations. The income excluded from this figure are the apartments and compound income. The final total is $464,513 less the $2,070 and less the $9,395 which goes to the LC shares. They go on a waiting list for 7 shares total each year. This amount is allotted the L.C. by the judgment of February 12, 2004 and the covenant Page 12 item 13 (not recorded) "Management is authorized to use apartment user fees and storage compound rental fees to redeem shares of stock owned by Lake Tarpon Village, L.C. shareholders. Shares will be redeemable upon either: (1) the death of the shareholder or (2) the sale and vacation of the shareholder's mobile homesite. The redemption price for each share of stock shall be the price paid for the share, less the total of all distributions paid to the shareholder. In no event shall more than seven shares be redeemed in any calendar year…" 

Homeowners Against Assessment (H.A.A.) fought and won when in January 2006 the "funding committee" lead by Bill Palmer (now moved from LTV), developed a plan for raising funds by raising monthly maintenance fees for all residents, after he signed the mortgage singley.

What were the increases asked for?

$448,573 villagers plus proposed additional $10 a month would be $ 752,773

$448,573 villagers plus proposed additional $20 a month would be $1,056,973

$448,573 villagers plus proposed additional $30 a month would be $1,361,173 

 
 What is the outstanding debt from the Bulletin of March 2006?     LC shares of 173 still outstanding $ 365,751            The loan with Bank of America $1,382,364

Bankruptcy has been mentioned in the funding committee report, what would happen if the village went bankrupt? 

Bank of America did not want our "common grounds" they did make the three loans on the monthly maintenance fees charged each homeowner. The mortgage is secured by our maintenance fee only. The loan was not secured with the common ground. Much mis-information has been encouraged by those trying to make up for the excessive loans and closing fees already committed to without informing the residents.  The H.A.A. was able to distribute this information against the will of the board.

In the worst case scenario, could Bank of America legally take the raised monthly maintenance fee if the mortgage was not paid per agreement? 
Yes this is what the colateral agreement states.  They would also be entitled to all furnishings including owner donated items.
Who made the decisions for the village as we broke away from sole ownership in 1997 from C. I. Larson and Kimball How did the first decisions made to develop our present mortgage and the running of our village common grounds?

Larson Book 2722 P256 11/27/1967 Ronald Kimball Enterprises, Inc. 1967 from Larson the developer 1977 Kimball purchased as Owner of Common grounds, he and his wife managed the village with "the association" as intermediaries

LLC Records Book 9951 P 2567 Dec 31, 1997 $1,650,000 $53.50 maintenance fee 30 and 50 Liberty Way $12,000 per year Limited liability company taxed as a partnership NO assurance of any return on investment 1994 George Moyer, President Committee for Progress 1997 Landon Pendill Sr., Chairman, Lake Tarpon Village Corporation Jeanne Brumbaugh, Kay Dunn, Dixie Leis, Georgia Post, Pete Robinson, Herb Swanson, Audrey Vogel

Roger Dodrill, Chairman of the Board; Audrey Vogel, President; Kay Dunn, Treasurer; Ina Morgan, Secretary; Bill Stutzman, George Ellis, Dick Weaver, Bob Prather, 2 seats Mar 22 2002: Ken Walsh Carol Cannella

2003 January 17 Carol Canella President

THE JUDGMENT against the LC was February 12, 2004 (Case No. 03001909-CI-15 )Judge Farnell in Clearwater Florida, Pinellas County
 
Over the summer of 2004, Taking ownership of the common grounds was the following Officer to serve until first election of officers by the Directors:
R. Nathan Hightower, Esq. President 625 Court Street, Suite 200, Clearwater FL 33756 Ronald H. Trybus, Vice President P.O. Box 800, Tampa, FL 33601-0800
 
First board THE TRANSITION TEAM assigned between L.C. and non L.C. George Dodrill, Don Hoover, Ray Buchanan, Ted Freitag and Ken Walsh
 
Second board APPOINTED by the transition team in August 2004
Pres. Bill Palmer (new to the village), Vice Pres. Glenda Walden, Fred Fly, Margaret Stovall, Patricia Finn, Patricia Allen, Jim Doss, Art Guild I. Monty Monticello, John Noah, (walked away the same day)
 
Third VOTED board of April 4, 2005 9 seats President, Vice President, Secretary were voted on in a closed meeting of  members after the April vote.
Bill Palmer, Glenda Walden, Fred Fly, Barbara Rudick, Paula Chamley, Bob Duggan, Sue Anderson, Juanita Wilson, June Sloan
 
Fourth VOTED board of March 22, 2006 (3) seats four ran This board will begin September 2006
Bill Palmer, Glenda Walden, Fred Fly, Barbara Rudick, Paula Chamley, Bob Duggan, Sue Anderson, Richard Ortengren, June Sloan
 
A ninth board member was needed and voted on with the board August 17, 2006
Bill Palmer, Fred Fly, Barbara Rudick, Paula Chamley, Bob Duggan, Sue Anderson Richard Ortengren, June Sloan, Ed Grabau
 
Is there a deed? Yes, Quit Claim Deed assigned to the LC a for profit corporation.   August 27, 2004 (2005025743 Bk 14076 Pg 568 recorded 3 pages Pinellas County)
President C. Dunn, Kenneth Walsh, Caroline Cannella signed.  Notary: R. Nathan Hightower, Esq 
 
The Warranty Deed recorded January 21, 2005 (2005025734 BK: 14076 Pg:504) is on record as our deed for the 507.  The owners of record have made several attempts to get certificates for each owner of record since they pay the mortgage and are not indicated on anything recorded in Pinellas County Clerks office.  This is in dispute.  The share holders of the L.C. were given certificates of ownership, and are being paid 7 shares per year with the apartments and storage compound monies.  The board seems to think this money set aside for the L.C. shares is descresionary for spending.  The owners of record do not.
 
Was there opposition to purchasing the common grounds from Lake Tarpon Village LC?
November 16, 1996 there was a vote. The opposition stated "At our age and life expectancy do we need the anxiety and excessive cost of this proposal? The only reason for forming a new Lake Tarpon Mobile Home Village Homeowners Association would be to purchase the common areas of the Village with all their maintenance problems and expenses.  The common grounds were not assessed at the high mortgage rate the LC had taken expecting to receive shares on their inestment.  
What was the date of the court action stopping the LC from taking the maintenance fee to pay the mortgage?
February 12, 2004 (Case No. 03001909-CI-15 )Judge Farnell in Clearwater Florida, Pinellas County and ordered that the Court retain jurisdiction to determine the appropriate monthly maintenance fee consistent with this ruling, and for a determination of sums to be refunded or credited to lot owners as a result of the improper allocation of maintenance fees by LAKE TARPON VILLAGE, L.C. Plaintiffs George Dodrill, Don Hoover and Bill Ark.
Why are mortgage payments taken out of our maintenance fee?
There was a vote April 8 and 9 of 2004 just after the court order of February 12, 2004 . Not enough "yes" votes were gathered, so "proxy" votes continued to be collected through April 2004 until the required "381 yes votes" were collected as stated on their April 15, 2004 letter to Lake Tarpon Village Lot Owners. It was stated in this letter that this yes vote would resolve the foreclosure of the common areas by the Bank of America. This was an untrue statement. 
Who is auditing the village?  Eddie Page CPA in Safety Harbor. The audit is extremely brief and it costs six thousand.  He did not do one in 2008.  He was also auditor for the L.C.   He made up a letter for Ed  stating we didn't have enough money to run our village.  This is opinion shopping for the board; this was an illegal act.
Where is our information at the courthouse in Clearwater? 
 Plat Book 61 Page 97 Unit One, Florida Power easement Official Records Book 2504 Page 548 affects parcel 1 and 2646 P 141 parcel 1. Sewer easement 4481, P 199
Restrictions, covenants, conditions easements: Records Book 2517 Page 177, 2722 P 256; 2860 P256, 3003 P 146, 3274 P 375. Assignments 4531 P 1393, 9951 P 2583  
Any information on shareholders?   March 28 2003
139 shareholders owning 183 shares (the target number was 180 shares or fold), CR Cole is a broker that was to be offered office space for a fee to collect revenue from selling/renting of homes in the village from the park office.
 
Our Village History and Background
 
LAKE TARPON MOBIL HOME VILLAGE was developed as an Adult community by Henry Marion and C.J. Larson.  It was incorporated as a Village in 1966.  It is located in Palm Harbor, Florida on beautiful Lake tarpon, one of the largest fresh water lakes in Florida.  Mobile homes are set on lots no less than 60x100 feet.  Each resident owns his or her own lot.

The Village was formerly two sections of 115 acres.  Part was an orchard called "Binders Groves" and the rest of the land was owned by Charlotte Binder.  Evidence of the grove still exists as most all lots contain one or more citrus fruit trees.

At the time of incorporation, 3 lots were sold.  In 1967, 75 lots were sold, and by 1971, 378 lots had been purchased.  Today all lots totaling 507 are occupied.

The first building built in 1967 was the Recreation Hall, the focal point of many activities.  A beautiful swimming pool, many shuffleboard courts, a billiard room, and card room are all part of the recreation center.  Many home sites are located on the lake and boat docks and a ramp make boating and fishing easily accessible to all residents.

Activities such as golf leagues, bowling, sewing, arts and crafts, shuffleboard trounaments, bingo, sailboat races, line dancing and more allow residents the opportunity to become actively involved.  Frequent dances, pancake breakfasts and the montly Brown Bag invite all residents to participate and the weekly Koffee Klatch informs us all as to the vital statistics and current events in the Village.  A monthly Bulletin also keeps us tuned into the many activities and the special events.  Residents provide many hours of volunteer community service in the area and help our neighbors when the need arises.

In 1997 a group of residents looked into the possibility of purchasing "The village."  On January 1, 1998 Lake Tarpon Village, L.C. bought this deed restricted, 55 plus, adult community from Mr. Kimble.

Many improvements, such as our flowered front entrance, repaired sidewalks, some newly paved streets and boat dock improvements are just a few of the upgrades made to our "Village" by the Lake Tarpon Village, L.C.

Thank you neighbors for making this commitment, and performing the hard work that continues to improve our "Village."  Thanks to everyone that has volunteered in the village over the years, which makes "OUR VILLAGE" a very special place.

Taken from the Village Cook Book