Residents for a Better Community, Inc. (RBC) is a not-for-profit set up by a number of PLCA residents to challenge the arbitrary actions of WCI. The Directors of RBC are PLCA residents.
Pelican Landing: Your Home … Your Investment
- WCI has claimed it can annex additional properties into Pelican Landing. This could include 400+/- residential units to be developed at the Raptor Bay property; 360+ units in the Weeks Property WCI claims it has an option on; and 290 remaining units to be built in the Time Shares properties.
- Annexation allows access to all PLCA amenities. Imagine an additional 900 to 1000+ families using our tennis, sailing, kayak, pickle ball, private Beach shuttle and Beach Park amenities.
- WCI’s right to annex expired decades ago.
- PLCA reached the turnover trigger of 85% build-out years ago and WCI no longer had the right to control our documents and our community after turnover.
We do not have to accept this situation
We can legally challenge each of these as unacceptable under both Florida law and the legally binding documents which define our rights and WCI’s obligations.
We have formed RBC RESIDENTS FOR A BETTER COMMUNITY INC.
- not-for-profit set up by PLCA residents to challenge WCI’s actions
- Directors of RBC are PLCA residents: Anne Cramer, President; Bruce Fennie, Treasurer; Fred Borowski, Secretary; Mary McVey; Margot and Bill Hill
- RBC has selected Richard DeBoest, Esq. of Goede, Adamczyk, DeBoest & Cross as counsel
In December of 2015, RBC filed a demand for pre-suit mediation, outlining the legal challenges to WCI’s actions, and challenging the Turnover provisions dictated to the Pelican Landing board’s Turnover committee. WCI rejected mediation, but did notify Pelican Landing that they would delay the March 2016 turnover date and would propose new plans for the post-Turnover composition of the PLCA board of directors and allocation of voting rights. WCI sent a letter on January 22, 2016 offering four voting plans – none of which conform to our documents. PLCA board emailed an electronic survey with the recommendation of Plan B. No discussion within the UOC or CRC occurred prior to this email even though WCI had directed such discussion take place. Further Plan B was essentially what had already been rejected by the UOC and withdrawn by WCI.
The UOC has requested that the survey be withdrawn for 3 reasons: that there was no time for discussion, there was no option for “none of the above,” that the Board directed residents to their suggestion (a plan that does not conform to our documents).
WCI is seeking approval from Bonita Springs to build 4 20-story towers at the Raptor Bay Golf Course and threatening to annex Raptor Bay into the PLCA. RBC led 400 people to appear at the hearing, provided expert testimony and expert legal counsel. As a result the first request to amend the Comprehensive Plan was turned down by the Council. RBC is committed to the next steps in order to prevent a work-around strategy by WCI and to defend any appeals to the Council’s decision.
On February 22, 2016, Legal Counsel for Residents for a Better Community, filed an action in Court against WCI, challenging its claimed power to annex property into the Pelican Landing Community Association. In the action, RBC is also challenging the give away of beach rights to 200 Raptor Bay residential units (as part of the Coconut Point Marina purchase) as being without legal basis under PLCA Governing Documents and Florida state law. In addition the Complaint alleges that the 85% trigger for automatic turnover of PLCA to the owners has passed and that because of that, WCI has been acting without authority in its effort to control our community for some time.
The Challenge: Today, we will continue to succeed only if you care enough about your investment and lifestyle to contribute to this effort.
Legal rights are only as strong as those who have them are willing to fight to protect. For PLCA residents this is the only chance and opportunity to stop this dictatorial use of power against our vested interests.
For months the UOC (Unit Owners Committee) and the CRC (Colony Residents Committee) have tried to raise these issues with the PLCA Board and WCI to no avail. A decade and a half ago another group of PLCA residents fought WCI over beach rights and, after a lengthy mediation, secured for us a clear limit on the Hyatt’s use of the beach, control of 4 seats of our Board, our Community Center built by WCI at their expense, and ownership and control of all our amenities. Standing up to power with determination is a far better strategy than accepting defeat. Back then they raised $300,000 from residents to mount this challenge.
We need your contributions
The legal fight to maintain the viability of our community will require money and expertise. We have hired Richard DeBoest to represent us in this challenge but need your contributions to pay for it. Please send your check made out to “Goede, Adamczyk Trust Account” (with “RBC” on the memo line) to
Richard DeBoest, Esq
2030 McGregor Blvd
Ft. Myers, FL 33901
Please include your name, email and home address on a separate piece of paper.
All contributions will remain anonymous and any funds not used will be returned pro rata
Thank you for your Support!