Residents for a Better Community, Inc Files Suit Against WCI Communities, Inc.

Feb 24, 2016, 10:00 ET from Residents for a Better Community

BONITA SPRINGS, Fla., Feb. 24, 2016 /PRNewswire/ -- Residents for a Better Community ("RBC"), a large group of homeowners in Pelican Landing, along with RBC board member, Barbara Hinkson Craig, filed suit (Docket No. 16-CA-000572) yesterday against WCI Communities, Inc. (NYSE: WCIC), a lifestyle community developer and luxury homebuilder, currently constructing a high-rise tower known as Altaira in Pelican Landing. The suit is being filed to preserve the property rights of owners in Pelican Landing by prohibiting annexation efforts by WCI to add additional properties to Pelican Landing.  RBC contends that the additions sought by WCI will strain the use of Pelican Landing amenities and the additions only benefit WCI.  

Before filing suit, the RBC sought to meet with representatives of WCI but were rejected.  The RBC also sought pre-suit mediation to keep the matter out of court but were again rejected.  Even after that, RBC tried again to meet with WCI representatives but were once again rejected.  The RBC had no choice and filed suit.  While WCI contends they sought meetings with the RBC members, WCI only did so while RBC was not represented by counsel.  Once counsel was involved, WCI refused to meet with RBC as indicated above.

"We residents of Pelican Landing have legal rights that are being ignored by WCI. Our Board is apparently not willing to act to protect these.  Legal rights require action to enforce them; they do not just automatically enforce because they exist.  We have decided we now must act," said Craig, professor emerita, Wesleyan University and resident of Pelican Landing.  

The suit is a two count complaint seeking:  1) a declaratory judgment against WCI asking the court to declare that WCI was required to turn over control of Pelican Landing to the owners and 2) to declare that WCI has no rights to annex additional properties into Pelican Landing that will overburden their existing amenities.  In the suit, RBC contends that WCI has been controlling Pelican Landing for some time without the legal authority to do so.  Also, WCI's attempts to include more properties within Pelican Landing are invalid because turnover has occurred and any actions of this type are a violation of Florida Statute and against public policy of the State of Florida.  Despite this, WCI continues to seek ways to control the Pelican Landing homeowners association board for their own economic interest at the expense of owners within Pelican Landing. 

The group of owners who make up the RBC want to preserve the community that they bought into.  Accordingly, they have filed suit to protect their rights and preserve the community as they know it. 

 

 

SOURCE Residents for a Better Community



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