February 20, 2026
On February 20, 2026, Taylor Morrison’s subsidiary Avatar Properties, Inc. and the Class Action Plaintiffs signed an agreement to resolve all remaining issues in the Class Action lawsuit. This agreement will only take effect if the HOA closes on the purchase of the Club. This agreement will also require Court approval, which the Class will seek after the HOA closes on the purchase. If the Court does approve, Taylor Morrison will pay the Class $22.6 million to resolve all pending disputes in the Class Action. This includes the appeal of the judgment against Avatar Properties for the Class’s prevailing party fee award of $23.1 million plus interest, the Class’s motion for contempt, and the separate individual right to appeal the denial of Club ownership turnover.
Once received, the $22.6 million provides the funds for the second payment to Solivita homeowners. This second payment to each homeowner should be about one-third the amount of that homeowner's first payment and may include some taxable interest. Payments should be sent some months after Court approval. Further information and updates will be posted on this website as they become available.
Welcome to the Norman Gundel, et al. v. AV Homes, Inc. et al., Case No. 2017-CA-001446 (the “Lawsuit”) website.
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.
RECENT UPDATES
On January 27, 2025, the Court entered an Order regarding Plaintiffs’ Motion approving partial distribution, and awarding Class Counsel fees and expenses, and incentive awards to Name Plaintiffs. The Court has directed the Class Action Administrator to provide Class Members with proposed distribution amounts, and provide an opportunity to correct the transactional information on which each class member’s proposed distribution amount is based. The Class Action Administrator anticipates mailing these notices to class members on or before February 14, 2025. Class members will have 60 days to provide any corrective information to the Class Action Administrator. At the conclusion of the 60 days the Class Action Administrator shall confer with Class Counsel and Avatar’s counsel to agree up the appropriate distribution of funds to class members.
The Class Action Administrator anticipates distribution to commence in June 2025.
Additional information, including answers to frequently asked questions, are available on this website.
You may view previous updates by clicking here.