Avalon Village Success Story

[XEL]

Avalon Avillage HOA in FL terminated their bulk service contract. Way to go Avalon!! Attach is the letter the HOA sent out to the owners. You will need to log in to be able to read the document

[acp]

Good stuff.  It can be done.  I wonder how they pulled that off.

[XEL]

The community got together and hired a good attorney. With money on hand Lexington case should be a slam dunk

[Taking-a-stand]

So perhaps our HOA (which is still under the developers control) could site this with our Brighthouse contract to get it terminated?  My question to you is how long had Avalon had this agreement with BH?  Was your HOA run by residents or the builder?  As I stated, our HOA is run by the developer until they hand it over to us when the neighborhood is at 75% capacity (we're only at about 25% build out right now).

[XEL]

If your contract was in place BEFORE the owners were in control of the board you have a BREACH OF FIDUCIARY DUTY. That's just mean the developer using his UPPER hand basically, took advantage of his position as the declarant. You will need to lawyer up for that. Since, there are not many proven cases out there the process can be costly but, it can be done.
This is what you can do:
Try to get a many neighboors in the community to make comments on the FCC Site.
Get the media attention
Contact the FL communications agency (I really don't know the name here in Virginia is the SCC)

I hope I had answered some of your questions. If you want to talk to me send me a message usind the website messaging system

[Taking-a-stand]

Thank you for the reply, and I apologize for my delay.  We're trying to start a community movement to let the developer know how upset we are.  Through my research, and with the help of this website, I think it's in their best interest to break the contract.  For every lot unbuilt (which is over 60% of the lots) and every vacant home, THEY are covering the costs.  Unlike some stories I've read, we do not have to share the costs with our neighbors if they leave/foreclose.

I've tried to contact several TV and print news media, but haven't heard back.  Those who are part of this "movement" are now putting www.banbulkbilling.com on the memo lines of the checks we send to them!   

[XEL]

Bob,
Usually the developer doesn't pay for the lots that he still own. What it happen when the sale is reported that unit is reported to the HOA and THEN the cable charges are on. For example, in my community the developers don’t pay for the empty lots but once the unit is recorded in the city that unit has to pay the HOA assessments. In other words the deal they made with BH specifically estipulate that. Eventually, you will have more people buying into the community and if for some reason and I really don't want this to happen the housing market goes down you and the other RESPONSABLE people will be paying your neighbors cable bill.
Also, please have as many of your neighbors file comments to the FCC. They are in the process or making a decision but we are against the lobbyists that go there every day. This is our free way of getting out of the contract.