Article Courtesy of WFTV Channel
Published January 3, 2018
Poinciana, Florida - The courts have sided with Poinciana's HOA again in a feud
that's been running for years now. Homeowners there are turning to GoFundMe to
Channel 9's Field Sutton found out what
they want to pay for, and why they believe people all over
central Florida will want to donate to the cause.
The question here has always come down to who really
controls the Association of Poinciana Villages, and who gets
to spend the money that it has to spend. But after a series
of legal setbacks, the question is what do the homeowners
who are upset do now? Opponents of the APV and developer AV
Homes take a cynical point of view: that the companies are
pocketing money collected from tens of thousands of
homeowners, instead of invested into this community.
"The thing is, every single time the election comes up, I
got railroaded." said resident Martin Negron.
Homeowner Martin Negron says he loses every HOA board
election because AV homes owns enough land, with enough votes. to swing it
for whoever the company wants.
"They have the funds and the resources to wear the little
guys down." Negron added.
The court battles he's lost were opportunities for pro-homeowner regulation
lost to a pro-business court. That's what convinced Keith Laytham to start
"There's so much money involved in this Homeowners Association, that without
government regulation and control, people can just go off wild on this whole
thing." said Laytham.
Today the HOA’s lawyer told me in part, “The entire
frivolous lawsuit has resulted in an unnecessary use of the Association's
resources. In regards to future elections, we will continue, as we always
have, to follow all the proper procedures as directed to us by the State of
Florida and the Circuit Court."
Negron and Laytham say there's nothing frivolous about it, or the appeal
"A victory for us is a victory for the other homeowners in the state of
Florida. Because they won't have to fight the battles and spend the money on
the lawsuits and with the lawyers that we're having to spend today." said
That's why they want your help.
We have two things online for you. One of them is the
complete response from the Association of Poinciana Villages. The other is a
link to that GoFundMe so you can check it out yourself.
Statement from APV Attorney, Tom Slaten:
“The GoFundMe page appears to have been created by a homeowner whose
claims against APV were recently dismissed by the courts. The homeowner may
be ordered to pay APV back for its attorney fees spent fighting the
homeowner’s rejected claims. Just recently, the Polk County Circuit Court
dismissed Martin Negron’s motion to intervene in our elections process after
he sought to reduce the number of votes that can be cast by some property
owners. The judge presiding over this challenge ruled that Mr. Negron’s
request was both untimely and failed to establish a right to intervene to
challenge other property owner’s voting rights. The entire frivolous lawsuit
has resulted in an unnecessary use of the Association’s resources. In
regards to future elections, we will continue, as we always have, to follow
all the proper procedures as directed to us by the State of Florida and the