On July 2, 2025, checks were mailed to Class Members who did not dispute their transactional letters. Payments for disputed claims will be issued once those disputes are resolved, which is expected later this summer.
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
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.
Your distribution calculation is based on total Class funds available; Club Membership Fees (including 7% sales tax) you paid during the Class period (April 26, 2013 through November 30, 2023); and the statutory interest based upon the date of those payments, although this first distribution does not include any statutory interest.
The additional distribution will occur after the conclusion of Avatar Properties, Inc.’s pending appeal and final Court rulings. This additional distribution may include statutory interest. At this time, we do not have an estimated time for when that will occur.
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
If you disputed your transactional letter, your payment will be issued once the dispute is resolved. We expect these payments to be distributed during the summer of 2025.
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.
Please submit a written request – either by certified mail or e-mail – along with information about the property you owned in Solivita. Although the deadline to dispute a transactional letter has passed, we can still provide you with property details in our system and can escalate your request for a check to be issued. Any issues related to missing transactions can be reviewed and escalated as needed.