The Inlets at Riverdale Master Association (a boating HOA encompassing The Inlets, Harbour Walk, and The Reserve off of SR 64 in east Manatee County) has taken legal action against Carlos Beruff's Medallion Home. The association alleges that the developer illegally transferred almost 20 acres of community common areas into his ownership in violation of the Association's Declarations and Covenants and Florida State statutes.
Residents say that nearly 20 acres of The Inlets at Riverdale Master Association common property were "withdrawn" by a Medallion LLC after they had been marketed as association community property and green spaces since the community's launch. Residents explained that they have been paying for the taxes and ongoing maintenance of the properties in question through their annual HOA fees.
Residents allege that after pushing for the community to take over the association, the developer delayed the process early last year, at which point the property transfers were filed. Homeowners completed the takeover of the association in November of last year. The residents say that the withdrawals violate their master declaration and that by adversely changing the nature, size, and quality of the common property plats that were part of the association's common areas, actions were contrary to the developer’s marketing and historical use.
The suit argues that the action constitutes self-dealing in violation of the developer’s statutory duties to association members. Residents say they will be deprived of access to several acres of outdoor space, a waterway leading to Manatee River and a nature trail. They also worry that potential development efforts to install commercial or other undesirable property adjacent to the community could further damage their positions.
The suit also argues that the developer's actions violated FS 720.3075(5), which prohibits developers from unilaterally making amendments that are arbitrary, capricious or in bad faith. The community is also concerned that it could be subject to claims of right of way to access "withdrawn properties" and lose control of key portions of our water/flood management system.
"We believe that everyone living in or considering buying in a Medallion community should be aware of how this developer treats its residents," said Terri Kondos, President of The Inlets at Riverdale Master Association. "Residents in other Medallion communities are dealing with similar challenges post-community turnover to resident HOAs, and they will likely encounter the same unethical behavior."
TBT failed to reach a representative of Medallion for comment before publication.
.pdf.jpg)
4 comments on this item
Only paid subscribers can comment
Please log in to comment by clicking here.
Cat L
Good, hit him in the wallet, it's the only thing he cares about.
Wednesday, May 22 Report this
David Daniels
The properties indicated by the arrows all appear to be adjacent to wetlands.
Wednesday, May 22 Report this
tjgachter
To your question David Daniels, yes most of the property removed from our Master Association of many, many years adjoins to wetlands. So it wasn’t a hard game of “Clue” to tie what was going on at the county level commissioners’ meetings regarding reducing wetland buffers to what we were facing. After many hours with grass roots efforts, “town hall” type of informational meetings and the raising of money by residents to hire an attorney, we are proud the decision was made to stand up for our community. No matter the outcome, let justice prevail against a very unethical and uncaring developer. The silver lining?? It seems we may be empowering other communities to do the same.
Wednesday, May 22 Report this
Charles
Keep up the fight. Do not be discouraged, look at what has been achieved by Lourdes Ramirez of Siesta Key in persisting with the legal issues. Ask for financial help if needed for the legal fees. You will be amazed by the willingness of folks to contribute via such things as "go fund me" to such justifiable battles with the likes of Beruff.
Thursday, May 23 Report this