You may receive a notice related to a class action involving the Bellalago community and residential property. Please disregard this notice as the file provided by Avatar Properties, Inc. for mailing included both residential property owners of Bellalago and Solivita communities. The Bellalago class action notice only relates to those individuals who currently or previously owned a home in Bellalago.
FAQs
BASIC INFORMATION
The lawsuit alleges that 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.
The Court in charge of the case is the Florida Tenth Judicial Circuit Court in Polk County, Florida, and the case is known as Norman Gundel, et al. v. AV Homes, Inc. et al., Case No. 2017-CA-001446.
The Court has not ruled on the merits of Plaintiffs’ claims or on API’s denials and defenses.
In a class action, Class Representatives (in this case, Norman Gundel, William Mann, and Brenda N. Taylor) sue on behalf of people who have similar claims. All these people are Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. The Honorable Wayne Durden, Circuit Court Judge, is in charge of this class action.
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 Named Plaintiffs. A copy of the Order is available on the Court Documents page of this website.
The Order approves a partial distribution from the class common fund, including attorneys’ fees and expenses, incentive awards to the class representatives, and a partial distribution on a pro rata basis to members of the Solivita Class, with a final distribution following Avatar Properties, Inc. appeal on the court’s prior ruling awarding the class its attorneys’ fees and costs. The Avatar Class is expected to receive 100% recovery on the amounts paid in the past for club member fees.
Judge Durden decided that everyone who fits this description is a Class Member:
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, or do not otherwise opt out of this class.
Avatar is the developer of Solivita and is the owner and operator of the Solivita amenities using the name “Solivita Club.” Avatar also uses the names “AV Homes” and, since 2018, “Taylor Morrison.” Avatar is a wholly-owned subsidiary of AV Homes, Inc., which is itself since 2018 a wholly-owned subsidiary of Taylor Morrison Home Corporation.
The Court has appointed attorney J. Daniel Clark, Esq., of the law firm of Clark & Martino, P.A., 3407 W. Kennedy Blvd., Tampa, Florida 33609 to represent you and other Class Members. You will not be charged for this attorney. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel submitted a request to the Court for an award of $36 million, and costs and expenses subject to appeal.
Any questions you have concerning the matters contained in the notice, 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
info@SolivitaClassAction.com
DISTRIBUTION
If you currently own or previously owned a home in Solivita and paid a Club Membership Fee under the Club Plan on or after April 26, 2013, and did not otherwise opt out of this class you are entitled to a payment from the common fund.
In February 2025, the Class Action Administrator A.B. Data, Ltd. will mail a Notice to Class Members including the name, address of record, claim number and the amount of Club Fee payments according to the records obtained from Defendants.
Class members should review these records for accuracy and provide the Class Action Administrator with any updates to the name on file, address, or discrepancies in the transactional Club Fee information. Following the court ordered 60 day review process, payments to each class member will be promptly mailed to each member.
You can review the Club Membership Fee Schedule by clicking here.
You must contact the Class Action Administrator in writing to update the name. You may send the update by email to info@SolivitaClassAction.com or by mail to the address on the Contact page. The Class Action Administrator will update the payee based on the request. If there is a dispute amongst the owners of the property, the owners must resolve the dispute. The Class Action Administrator will not be responsible for resolving the disputes.
If you disagree with the transactional information contained in your report you must contact the Class Action Administrator in writing by email to info@SolivitaClassAction.com or by mail to the address on the Contact page. Your response should include your Claim number, the reason you dispute the transactional information, and any documentation you can provide to support your dispute.
You must contact the Class Action Administrator in writing by email to info@SolivitaClassAction.com, by phone at 1-800-494-9209, or by mail to the address on the Contact page. The Class Action Administrator will review the database to try to identify your records. The reason you did not receive a report could be that the contact information from Avatar’s records is outdated or incorrect, you moved, or you did not pay Club Fees during the period April 26, 2013 through December 2023.
You may receive more than one Notice if you owned multiple properties during the class period or the Class Action Administrator was unable to link your records together. If you wish to combine multiple claims, you must contact the Class Action Administrator in writing by email to info@SolivitaClassAction.com, by phone at 1-800-494-9209, or by mail to the address on the Contact page. You should provide the Class Action Administrator with the associated Claim Numbers and the correct name and address for payment. If you do not wish to combine the Claims, you do not need to do anything further, separate payments will be made on each Claim.
Yes, the Class Action Administrator can split payments. You must contact the Class Action Administrator in writing by
email to info@SolivitaClassAction.com or by mail. If there is a dispute amongst the owners of the property, the owners
must resolve the dispute. The Class Action Administrator will not be responsible for resolving the disputes.
Yes, the Class Action Administrator can change the payee on the payment to the estate or to the beneficiaries. You must
contact the Class Action Administrator in writing by email to info@SolivitaClassAction.com or by mail to the address on
the Contact page. If there is a dispute amongst the owners of the property, the owners must resolve the dispute. The
Class Action Administrator will not be responsible for resolving the disputes.
The Court has included a 60-day period following the mailing of Notices to allow for name/address updates and disputes
of transactional information. No payments will be made prior to this deadline. Following the deadline, the Class Action
Administrator will prepare and issue payments promptly. Distribution is expected to occur in May 2025. If there is a
dispute related to payments on a property the payments for that property will not be made until the dispute is resolved.