Welcome to the Norman Gundel, et al. v. AV Homes, Inc. et al., Case No. 2017-CA-001446 (the “Lawsuit”) website.
All persons who currently or previously owned a home in Solivita and who have paid a Club Membership Fee under the Club Plan on or after April 26, 2013.
Norman Gundel, William Mann, and Brenda N. Taylor (the “Plaintiffs” or “Class Representatives”), the individuals bringing this lawsuit, allege the Defendant, Avatar Properties, Inc. (the “Defendant” or “API”), violated Florida Statutes by requiring Solivita Homeowners to pay certain fees for membership in the Solivita Club (the “Club Membership Fee”). API denies these claims and allegations.
CLASS ACTION RULING
The Court has ruled that this lawsuit may be maintained as a class action, meaning that the claims for declaratory and injunctive relief, and damages can be pursued not only by Plaintiffs individually, but also on behalf of a class consisting of certain other persons who paid a Club Membership Fee. The Court has named Plaintiffs as representatives of the whole class, and their attorneys, Clark and Martino, P.A., Bush Ross P.A., Campbell, Trohn, Tamayo & Aranda, Bajo Cuva Cohen & Turkel, P.A., Kynes, Markman & Felman, P.A., and Crist Legal, P.A. as counsel for the class (collectively referred to as “Class Counsel”). The class consists of all persons who currently own or previously owned a home in Solivita and who have paid a Club Membership Fee under the Club Plan on or after April 26, 2013.
This ruling by the Court does not mean that any money or declaratory and injunctive relief will be obtained for class members who paid a Club Membership Fee. These are still contested issues that have not been decided. Rather, the ruling means that the final outcome of this lawsuit—whether favorable to Plaintiffs or Defendant—will apply in a like manner to every class member, that is, those who currently own or previously owned a home in Solivita and paid a Club Membership Fee on or after April 26, 2013, as described above, who do not timely elect to be excluded from the class (see below).
UPDATE NOVEMBER 2021
On October 26, 2020, the Court entered the Order Granting Motion to Bifurcate and Stay Individual Claims Pending Class Action Trial, in which the Court bifurcated and stayed the individual claims not certified for class representation (the "Individual Claims").
On June 16, 2021, the Court
entered the Order on Pretrial Matters, in which the Court reserved ruling on
the equitable relief sought in the certified Counts 2, 5, and 6 until after the jury reached a
verdict on Count 8.
On June 17, 2021, the Court
entered the Order Setting Pretrial Conference and Jury Trial and Directing
Mediation, scheduling a jury trial for November 8, 2021 and various pretrial deadlines
including a pretrial conference on October 28, 2021. Thereafter, Plaintiffs and
Defendants filed motions for summary judgment under the new Florida Rule of
Civil Procedure 1.510, effective May 1, 2021. The Court heard argument on July
19, August 18, and September 10, 2021.
The Court entered the following
Orders on October 12, 2021: Order Granting Plaintiffs Motion for Partial
Summary Judgment on Avatar’s Third Affirmative Defense based on Section
720.302(3)(b), Florida Statutes; Order Granting Plaintiff’s Motion for Partial
Summary Judgment as to Liability for Violation of Section 720.308, Florida Statutes;
Order Denying Defendants’ Renewed Motion for Final Summary Judgment and Incorporated
Memorandum of Law; Order Denying Defendant’s Motion for Reconsideration of
Court’s Oral Ruling on Section 720.3086, Florida Statutes on April 22, 2021;
Order Granting Plaintiff’s Motion for Reconsideration and/or Clarification Regarding
Ruling on Affirmative Defenses 7, 8, and 9 dated July l5, 2021, and Striking Same.
In the Orders entered on
October 12, 2021, the Court ruled that “the Club Membership Fee is an illegal
assessment” and rejected various defenses that Avatar raised regarding its
liability for violating the Homeowners’ Association Act.
On November 2, 2021, the Court
entered a Final Judgment on Counts 6 and 8 in favor of Plaintiffs and the Class
and against Avatar and an Order Granting Motion to Sever and Hold in Abeyance
Counts 2 and 5 and the Individual Claims.
These Orders are available on
the Court Documents page of this website.
UPDATE NOVEMBER 2023
On November 29, 2021, the Defendant Avatar Properties, Inc.
filed an appeal regarding the Court’s November 2021 Final Judgement in
Plaintiffs’ favor. On June 22, 2023, The Florida Sixth District Court of
Appeal agreed with the trial court’s decision, affirmed the Final Judgment. The
Defendant subsequently filed a petition to invoke discretionary jurisdiction of
The Florida Supreme Court and, on November 2, 2023, The Florida Supreme Court
denied that petition. On November 7, 2023, the Florida Sixth District Court of
Appeal issued a mandate to the trial court for further proceedings consistent
with its opinion. A copy important documents can be found on the Court
Documents page of this website.
Additional information on the proceedings of this case are
expected in the next two months. Please continue to check this website
for updates.
UPDATE JANUARY 2024
On January 17, 2024, the Court entered the Order Following Case Management Conference available on the Court Documents page of this website. Hearings have been scheduled on July 2, 2024 and July 29-30 regarding the prejudgment interest dispute and attorneys' fees and expenses, respectively. Please check this website for further updates.
ADDITIONAL INFORMATION
Any questions you have concerning the matters, including any corrections or changes of name and/or address, should NOT be directed to the Court, but should be directed in writing to:
AVATAR CLASS ACTION
C/O A.B. DATA, LTD.
P.O. BOX 170500
MILWAUKEE, WI 53217
If you wish to communicate with Class Counsel as your attorneys in this lawsuit, you may do so by contacting lead Class Counsel:
J. Daniel Clark, Esquire
Clark & Martino, P.A.
3407 W. Kennedy Blvd.
Tampa, Florida 33609
(813) 879-0700
You may, of course, seek the advice and guidance of your own attorney, if you desire at your own expense. The pleadings and other records in this lawsuit may be examined and copied at any time during regular business hours at the Office of the Clerk: Clerk of Circuit Court, Polk County Courthouse, 255 North Broadway, Bartow, FL 33830. Please do not contact the Court or the Circuit Clerk’s Office regarding the matters contained in this notice.