IF WCI’S ARBITRARY ANNEXATIONS ARE NOT STOPPED . . . 

Failure is not an Option!

Objectives:

  1. STOP WCI from Annexing Property into PLCA.
    • WCI arbitrarily filed a document on September 9, 2016 adding 254 acres of property to Exhibit A to the PLCA Declaration (step one to annexation).
  2. Prevent WCI for continuing to wield “dead-hand” control over PLCA and its documents.
    • WCI claims it can still annex property into PLCA, and;
    • WCI claims that it can add 2 more board seats to PLCA — even after turnover.

Consequences for lack of action:

  • WCI will Annex four (4) 20-story Raptor Bay Towers (400 Units) and whatever else is developed within the Raptor Bay Properties into PLCA.
  • WCI will add/annex an additional 254 acres into PLCA (Evidenced by WCI’s September 9, 2016 Supplement filed with Lee County).
  • WCI agreed to reduce development in the Colony by 1 unit for each unit it builds in the Raptor Bay Properties.  It appears WCI has no intention of complying with this agreement.
  • WCI could annex 290 more units currently zoned to be built on the Timeshare property (these are not yet permitted — they are also not required to be “timeshares”).
  • WCI can claim the right to sell the 200 Beach Rights obtained in the marina deal to a third party.
  •  WCI claims it has the right to add 2 more seats to the Board to accommodate those properties they intend to annex into PLCA.
  • Each Board member has publicly opposed any annexation. The Board must unite and act to stop WCI.               WCI’s right to annex property into PLCA expired long ago.

If Not Stopped, WCI Will Continue to Act UNILATERALLY — Without PLCA Approval

We need your help.

If you agree that WCI needs to be stopped from annexing/adding additional property into PLCA, putting your amenities and lifestyle at risk, please communicate with your PLCA board members now to show your support to STOP WCI.

Please express your support by urging the Board to aggressively fight annexation.

UNITED WE WIN

Marvin Hancock, PLCA President, tmhr@me.com
Bob Loos, PLCA Vice President, Bobtloos@gmail.com
Steve Gunther, PLCA Secretary, stgunther@gmail.com
Pete Kane, PLCA Treasurer, pbkane@gmail.com
Joanne Ribble, Billyjoa73@gmail.com
Clyde Knowles, clydeknowles@gmail.com
Bill Richardson, wfr2@comcast.net

Thank you for your interest.  We will continue to provide valid information as this community moves forward in a positive direction.

PLCA Withdrew its Motion to Dismiss RBC Lawsuit

On November 28, 2016, the PLCA Board moved to withdraw two motions that PLCA had unnecessarily filed just prior to the turnover election — a motion to dismiss the RBC lawsuit against WCI as well as the motion for sanctions that the former Board directed the Association attorney to file in RBC’s case against WCI.    The Court filing to withdraw both of these motions occurred on November 29th.

Thanks to all who helped to elect a Board supportive of fighting WCI’s claims that it can unilaterally annex additional properties into our community as well as those WCI claims to continue to control PLCA’s Documents post turnover.  We are now on the road to becoming a united community voice in opposition to WCI’s arbitrary actions.

At this point, RBC remains the only entity challenging WCI.  We will need to carry this effort for the time being if we want to stop WCI.  But, at least we now have a United Voice.  We are confident the New Board understands its fiduciary duty to protect our community against the unfounded and arbitrary actions and claims of WCI and that PLCA will move toward a more active role in the legal challenge ahead.

We encourage all of you to write a note of thanks to the Board for taking this first step and encourage them to move to become a more prominent participant in the efforts to stop WCI’s deliberate actions to dramatically increase the size of our community — which will burden our community amenities/Beach Park, etc. and negatively harm our property values.

Elections do matter and the newly elected PLCA board members need to hear from their supporters.

Marvin Hancock, PLCA President, tmhr@me.com
Bob Loos, PLCA Vice President, Bobtloos@gmail.com
Steve Gunther, PLCA Secretary, stgunther@gmail.com
Pete Kane, PLCA Treasurer, pbkane@gmail.com
Joanne Ribble, Billyjoa73@gmail.com
Clyde Knowles, clydeknowles@gmail.com
Bill Richardson, wfr2@comcast.net

We thank you all for listening, caring and acting

Update of WCI Lennar Merger

WCI Communities, Inc. has added a new press release to its web site. For full details please visit the WCI web site at:

WCI Communities Announces Expiration of “Go-Shop” Period Under Merger Agreement

Click Here for a complete listing of WCI press releases.

It looks as though the Merger with Lennar (if approved) will likely occur after the first of the year.

Bonita Springs City Council takes actions on Raptor Bay

Good News — This week the Bonita Springs City Council took two positive actions on the Raptor Bay development issues.

The Council voted unanimously to authorize its special counsel to file a request for declaratory judgement questioning the validity of the annexation agreement between the City and the Raptor Bay property owner (WCI) on the basis of potential contract zoning.  Also, the City extended the deadline for WCI’s application for Zoning Board approval to build four (4) 20-story towers to March, 2017.

To clarify, there are two annexation issues regarding the Raptor Bay Golf Course and WCI’s plans to build towers there.  First, there is the legality of the 2014 agreement annexing a portion of Raptor Bay into the City.  Second there is the issue of WCI building four 20-story towers on this land and annexing it into Pelican Landing – overburdening our Beach Park, tennis courts, privacy infrastructure, etc. The second annexation issue as well as opposition to dead-hand control by WCI is the essence of RBC’s pending request for a declaratory judgement.  Our PLCA annexation issue is different than and separate from the City of Bonita Springs annexation issue.

Earlier this year the City of Bonita Springs hired a special land use attorney to review the Raptor Bay annexation agreement between the City and WCI and other associated issues.  RBC has consistently argued that the annexation agreement requiring the city to make zoning changes to allow towers at Raptor Bay constitutes “contract zoning” which is illegal.  In fact, it was Ralf Brooks (RBC’s land-use attorney) who made this point and other critical points during the February 3rd, 2016 City Council meeting.  As a result, the City refused to amend the Comprehensive Plan to allow those towers and later hired independent council – otherwise those towers would be moving forward today.

As our Bonita Springs Councilwoman, Amy Quaremba, says –  “Court results are uncertain but there is room for optimism at this time.  What is certainly likely is that the time frame for hearing the current application [to build 4 20-story towers] will be delayed beyond the early Fall projection.”

RBC applauds these decisions by the City Council and is gratified that the matter will proceed to the courts for review and a final decision.

RBC’s pending suit continues to oppose WCI’s claimed arbitrary annexation and dead-hand control powers.  WCI’s recent filing to add 254 acres to Pelican Landing’s Exhibit A (Step 1 of Annexation) must be stopped.

PLCA Turnover Election Results 2016!

Congratulations to the winners of the PLCA Turnover Election!

At-Large Seat:                       
Marvin Hancock, PLCA President

Phase 1 Pelican Landing:
Steve Gunther, PLCA Secretary
Pete Kane, PLCA Treasurer
Clyde Knowles
Bill Richardson

The Colony:
Bob Loos, PLCA Vice President
Joanne Ribble

Ed Weber was appointed to the Board Seat for Voting Group 8 (Colony Foundation will alternate at the next election cycle with Pelican’s Nest)
Brian Smith  was appointed to the Board Seat for Voting Group 9 (Hyatt)

Let’s look forward to a community in harmony with the residents.

The PLCA Board of Directors sides with WCI

In a very disturbing development, the PLCA board has just filed a motion to dismiss the RBC lawsuit, thereby siding with WCI.  This can only encourage WCI to move forward with its intent to annex more properties into Pelican Landing.

Why did the current PLCA board take this action now, only two weeks before a new board would be seated?  PLCA was cited as a nominal party in the RBC lawsuit after WCI argued before the judge that the homeowners association must be included in the case.  The PLCA board did not have to do anything at the current time. In fact RBC’s lawyers expressly told the PLCA  Attorney, Tom Hart, that a legal response to the amended complaint was not expected or required from them, but if they felt compelled to file an answer of any kind, they had an unlimited extension of time to do so.

The RBC lawsuit against WCI asks the judge to make decisions on three (3) points:

  1. Annexation rights? – RBC believes WCI can no longer annex/add properties into PLCA.
  2. Did 85% turnover happen? – RBC research shows turnover happened before the end of 2009.
  3. Is this election process that WCI unilaterally imposed on us in conformance with our documents?

Does the community want to know if RBC is right on these issues? We think so. WCI’s filing a Motion to Dismiss to RBC’s Amended Complaint. was expected – the developer has repeatedly tried to slow the legal process and run up the RBC legal expenses. But to have our community’s board take the developer’s side by attempting to silence the answers to the above questions is a shock to many residents.  Why did the current board intervene at this time?  RBC believes the current board has lost sight of its fiduciary duties and that this board action of supporting WCI is destructive to our community.

 If you have not yet voted for board candidates for the October 11th election, we once again give you the candidates WHO WILL DEFEND YOUR PROPERTY RIGHTS.

RBC Recommendations for the PLCA Board:

Community At-Large Seat No. 7 (all residents cast 1 vote for this single seat)

  1. Marvin Hancock  Longlake

Pelican Landing 4 Seats (non-Colony residents cast 4 Votes – 1 for each seats 3-6):

  1. Steve Gunther   Palm Colony
  2. Peter Kane   Bay Cedar
  3. Judy Neyhart   Ascot
  4. Jeffrey Wacksman Goldcrest

Colony 2 Seats (Colony residents cast 2 Votes – 1 for each seat):

  1. Joanne Ribble   Sorrento
  2. Robert Loos  Castella

 YOUR VOTE MATTERS – PLEASE VOTE

WCI Makes Bold Step toward Annexing Properties into PLCA

Last week WCI took action to amend our community’s Declaration (the most important of our documents, effectively “our Constitution”) by unilaterally filing a supplement adding 250+ acres of Raptor Bay Golf Course property into Exhibit A of our Declaration.

However, these new properties that WCI is trying to add are separate, unconnected properties that are outside the gates of PLCA.  They had already been removed from the Declaration in 2002.  If the amendment is allowed, WCI has asserted the right to formally annex some or all of these properties into PLCA.  The new properties include the site of WCI’s proposed 4 hi-rise towers!

What is Exhibit A?  Exhibit A is a legal description of all properties that could be made part of the PLCA governing responsibility.  It is an attachment to the Declaration.  Before WCI’s latest action, all such areas in the former Exhibit A were already part of PLCA’s governing responsibility and “within the gates”.  Phase 1 of Pelican Landing is fully built-out and The Colony has only a few areas possibly remaining to be developed.

Though you may never have heard of it before now, Exhibit A is an important part of the RBC lawsuit. This is not just a technicality – it is a huge distinction.   It is also a distinction neither of the PLCA legal opinions addressed.   In fact, PLCA’s attorney, Tom Hart, issued a very flawed opinion stating that WCI has the right to annex until December 31, 2020 but completely neglects the (“… whichever is earlier”) clause that limits annexation rights with respect to Exhibit A:

The Declaration states that when all properties listed on Exhibit A have been “subjected to the Declaration” then WCI can no longer annex property into PLCA.

Fact 1:  Once all properties listed on Exhibit A have been made subject to the Declaration, WCI can no longer unilaterally annex property into PLCA.  All properties listed on Exhibit A had been made subject to our Declaration long before this current action of WCI attempting to add 250 acres to Exhibit A.  WCI no longer has, nor has it had for some time, the right to expand exhibit A or to annex property into PLCA.

The Declaration also states that when 85% of the units in Exhibit A have been built and sold that turnover automatically occurs.

Fact 2:  85% of the total potential units that can be built on the properties listed on Exhibit A have been built and sold and this fact has been true for a long time.  That horse is out of the barn.  Turnover happened years ago and cannot be undone.  But WCI never told the PLCA board or the residents, either because of negligence or fraud.  By state law, once turnover has happened a developer can no longer unilaterally amend a homeowner’s association documents.  WCI does not have the legal power to do what it just tried to do.

These are facts, but WCI has ignored them.  WCI will get away with this effort to add property to our community if, and only if, we do not stand together to fight this legally NOW!

WCI’s recent action shows how necessary it was to file a legal action against WCI, and how fortunate we are as a community that RBC did so with the support of its hundreds of contributors and volunteers.

If you haven’t voted yet in this important board of directors election, please remember  the candidates who support RBC’s lawsuit to stop WCI from annexing additional communities into Pelican Landing:
Community At-Large Seat No. 7 (all residents cast 1 vote for this single seat)
  1. Marvin Hancock  Longlake
Pelican Landing 4 Seats (non-Colony residents cast 4 Votes – 1 for each seats 3-6):
  1. Steve Gunther   Palm Colony
  2. Peter Kane   Bay Cedar
  3. Judy Neyhart   Ascot
  4. Jeffrey Wacksman Goldcrest
Colony 2 Seats (Colony residents cast 2 Votes – 1 for each seat):
  1. Joanne Ribble   Sorrento
  2. Robert Loos  Castella
YOUR VOTE MATTERS – PLEASE VOTE