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

WCI Files Supplement to Add Raptor Bay to Pelican Landing Declaration (Exhibit A)

The Pelican Landing Community Association board has just informed the community that WCI has unilaterally amended our Declaration by filing a Supplement to include 250 acres North of Coconut Road (mostly Raptor Bay) into Pelican Landing’s Exhibit A.  This is concrete evidence that RBC’s warnings about WCI’s annexation intentions have been right all along.

WCI’s effort to amend our Declaration to add these 250 acres goes against clear prohibitions set out in our documents and Florida law that forbid such unilateral actions.  Quite simply, it is an attempt to amend the documents (over 7 years after the turnover should have occurred) to allow WCI to annex this property after its right to do so has expired.

It is way past time for our Board and Association attorney to wake up and notice.  As one owner just put it: “Rome is burning, stop fiddling”.  PLCA should immediately join RBC’s suit as a plaintiff supporting RBC’s legal challenge against WCI.  A community united could fight this much more easily.

There is no time to waste.  We must all act together or Pelican Landing, as we know it, will be unalterably changed.

Please contact the PLCA board members and urge them to join RBC’s suit as a plaintiff to stop WCI from annexing more property into the PLCA.

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

RBC Endorses Candidates for PLCA Board

It is up to Residents to elect a new board to invigorate and bring harmony into Pelican Landing.  The following candidates are respectful and will bring transparency to the decision-making process at Pelican Landing.  Over the years, each has demonstrated his or her commitment to this community and all have invested their time and energy in volunteer efforts for their neighborhoods as well as the overall community.

Each of these residents has conclusively demonstrated he/she understands the WCI threat and is willing to stand up and defend PLCA against the arbitrary actions of WCI regarding annexation, dead-hand control and post turnover governance of our community.

While there may be other good candidates, we need a board that will address the issues before us with energy and a new perspective.  If you desire a strategy of taking a position rather than the current board’s posture of “standing back”, please give your consideration and your votes to the following candidates who have proven their commitment to PLCA over their many years of volunteer service to you and all members.

After significant due diligence and evaluation of all candidates, we believe the views of the following candidates regarding governance, annexation, dead hand control and unity are aligned with the needs of our community moving forward. Therefore, our recommendations support RBC director Bob Loos and Joanne Ribble for the two seats representing the Colony. We support Steve Gunther, Peter Kane, Judy Neyhart and Jeffrey Wacksman for the four seats representing Phase 1 of Pelican Landing. We further support Marvin Hancock for the At-Large seat. Their qualifications can be viewed by clicking on their names (below)

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

  1. Joanne Ribble           Sorrento
  2. Robert Loos               Castella

Pelican Landing Seats Number 3-6 (Non Colony residents cast 4 Votes – 1 for each seat):

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

Community At-Large Seat Number. 7 (All residents cast 1 vote for this single seat)

  1. Marvin Hancock        Longlake

The ballots have been mailed and you should be receiving your ballot to vote for a NEW BOARD. Mail can be slow and forwarding mail can be a problem. If you don’t receive your ballot by September 19th call the PLCA office (239-947-5977) as your ballot must be returned by October 11 to be counted.

Last March only 1,500 households voted – because so few people are “in residence” and because there are many candidates, this most important election will likely be won or lost on a small number of votes.  YOUR VOTE COUNTS!

The Candidates thank you for your consideration … We thank you …PLEASE VOTE!
Please share this information and encourage your neighbors to vote!

 

WHAT ABOUT “THE LAWSUIT”? Did You Know?

If not for the lawsuit filed by RBC, every board seat up for election right now would be under the influence of the WCI /Hyatt non-resident block votes. That’s right. WCI’s original plan for the election was to allow it (with its Timeshares and golf course) and the Hyatt Hotel to vote their block of 232 votes for each of the 7 board seats, instead of only one at-large community seat!  Plus now there are the two more seats for the Hyatt and the golf courses. Nine seats either directly or indirectly controlled by non-residents! The RBC’s lawsuit stopped WCI’s Plan A.

It wasn’t until Residents for a Better Community filed a demand for mediation with the threat of a lawsuit that WCI postponed the March turnover election and changed its plan to the election we are having now.  At least with this voting scheme, the block votes can only be cast for one seat — the Community at-large Seat No. 7.

The current board of directors did nothing to prevent this WCI plan which would have created a governing structure where every seat on all future boards would be influenced by these block votes of non-residents. Why didn’t the board fight this? Could it be because the board members were all elected with the help of these 232 WCI/Hyatt block votes?

This is one more example of how important it is to stand up for our rights in Pelican Landing and elect board members who will defend PLCA against WCI’s arbitrary actions.

RBC Stood up to WCI on Raptor Bay..Why Didn’t the PLCA Board?

FACT OF THE DAY

FACT: It was the RBC that won the first round against WCI and its plans to build 4 hi-rise towers on the Raptor Bay Golf Course last February. Because of funds raised from hundreds of Pelican Landing homeowners, Residents for a Better Community was able to hire a land-use attorney and professional land planner and fight WCI’s plans before the Bonita Springs City Council.

Now the second round is coming. WCI is again seeking the council’s approval, and they want to annex these new hi-rises with 400 units  (that means about 800 or more residents plus guests plus grandchildren in season) into Pelican Landing, over burdening our Beach Park, PLCA’s beach shuttle boats, tennis and pickleball courts and our other amenities.

FACT: The current PLCA board has taken no official position on this issue. They have not stood up to WCI on this, or on WCI’s demand that we lease, not own, the Pelican Landing trademark after turnover.

We need a board of directors that will defend our property rights.

 

Amy Quaremba our Bonita Springs Councilwoman and fellow PLCA resident: update on Raptor Bay

RAPTOR BAY DEVELOPMENT APPLICATION UPDATE  September 2, 2016

Fellow Resident,

The Raptor Bay Rezoning Application (Pelican Landing Commercial Planned Development (CPD)/Residential Planned Development (RPD) Amendment, PD15-23946-BOS) is proceeding through the Bonita Springs Community Development review process.

Continue reading

Pelican Landing Trademark

Fact of the Day

WCI  has reneged on turning over the Pelican Landing trademark upon “turnover”.  Unlike other communities, like Pelican Bay and Pelican Sound (where WCI turned over the name of the community to the homeowner’s association), WCI plans on keeping the right to the name Pelican Landing and just licensing it to PLCA for 10 years. (This per PLCA Attorney T. Hart)

— Why? Most believe WCI intends to use the Pelican Landing name and amenities for the hundreds of residences they propose to build as the Raptor Bay towers — more evidence that WCI plans to annex these properties into PLCA