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:
- Annexation rights? – RBC believes WCI can no longer annex/add properties into PLCA.
- Did 85% turnover happen? – RBC research shows turnover happened before the end of 2009.
- 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)
- Marvin Hancock Longlake
Pelican Landing 4 Seats (non-Colony residents cast 4 Votes – 1 for each seats 3-6):
Colony 2 Seats (Colony residents cast 2 Votes – 1 for each seat):
YOUR VOTE MATTERS – PLEASE VOTE