FAQs

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

The check you received represents your first pro rata distribution from class common funds in the Norman Gundel, et al. v. AV Homes, Inc. et al., Case No. 2017-CA-001446 (Fla. 10th. Cir. Polk Co.) class action lawsuit.

Each class member’s partial payment first check is based on the total Club Membership Fees (including the 7% sales tax) they paid during the Class Period of April 26, 2013 through November 30, 2023, the statutory interest calculated based upon the dates those payments were made, and the total Class funds now available. Class member partial payment first checks will vary based on how much each class member paid and when those payments were made during the Class Period. The pro rata share paid in this partial payment first distribution is each class member’s total claim divided by the total claims of all class members, multiplied by the total amount available in Class Funds at this time. Although the calculations incorporate the statutory interest to compute the amount of each class member’ total claim, this partial first payment does not include any interest. Each person’s partial payment first check will reflect their specific claim and history.

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.

Please note that neither the parties nor the Class Action Administrator can provide individual tax advice. Please contact a professional tax advisor or other qualified financial counselor with any questions concerning the tax treatment of this payment.

You may have received more than one check because either you owned multiple properties during the class period and/or the Defendants submitted data for the same property under different names or account numbers, and we couldn’t match those records.

Please submit a written request—either by certified mail (with return receipt) or by email—along with copies of supporting documentation (such as a death certificate or other legal documents) to the following:

By Mail (Certified, Return Receipt Recommended):
Avatar Class Action
c/o A.B. Data, Ltd.
P.O. Box 170500
Milwaukee, WI 53217

By Email:
info@SolivitaClassAction.com

Certain records in the Defendant’s data were outdated or incomplete. A third-party address verification service was used to update class member contact information. While this process was effective, it resulted in incorrect updates for some class members. If you believe your address is incorrect or have not received your first check, please contact us to provide updated information so we may reissue your first check (1-800-494-9209 or info@SolivitaClassAction.com).

Please contact the Class Action Administrator at info@SolivitaClassAction.com or call 800-494-9209. Be sure to include details about the property you owned in Solivita.

Once your reissue request is processed, please allow 6 to 8 weeks for your reissued first check to arrive by mail.