Get out and vote in the Vitalia HOA Board Election November 14, 2025
Get out and vote in the Vitalia HOA Board Election November 14, 2025
Question #-1: (2025-10-12)
HOW CAN WE GET OUT OF THIS … LAWSUIT?
Answer #-1:
There are only two ways to “get out of this … lawsuit”.
1. We win the trial.
We win the subsequent appeals.
We are then able to collect any award that we were given.
Let’s look at this scenario realistically.
We are already into this lawsuit for over three years, and we
Question #-1: (2025-10-12)
HOW CAN WE GET OUT OF THIS … LAWSUIT?
Answer #-1:
There are only two ways to “get out of this … lawsuit”.
1. We win the trial.
We win the subsequent appeals.
We are then able to collect any award that we were given.
Let’s look at this scenario realistically.
We are already into this lawsuit for over three years, and we have spent over $2 million. Last week, the trial judge said he is unable to handle this case, and he asked the chief justice to appoint a special master to handle only our case. He also said that the existing case management plan is out the window. All dates are subject to revision. Based on these facts:
We can expect at least one more year before any trial is complete. Assuming we win at trial, we can expect from 1 to 30 possible appeals, each of
which must be defended and adjudicated. This could take anywhere from one to three additional years. Assuming we win one or more of the appeals, we are probably looking at six to twelve months to collect what we were awarded.
All told, we are probably looking at three plus years before this case is finalized. ALL THAT TIME WE WILL BE PAYING OUR ATTORNEYS. Not good!!!
2. We reach a negotiated solution with Taylor Morrison and ALL the associated sub-contractors.
This could happen tomorrow if Taylor Morrison were willing to negotiate with us. Since 2022, they have not been willing to do that. In addition, any solution negotiated with Taylor Morrison would have to be agreed upon by the sub-contractors as well. Not easy !!
GIVEN THESE CHOICES, WE MUST FIND A PATH TO A NEGOTIATED SOLUTION.
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Question #-2: (2025-10-13)
HOW CAN WE FIND A PATH TO A NEGOTIATED SOLUTION?
(I have reworded this question.)
Answer #-2:
Believe it or not, the Courts are our friend here!
The Court requires one or two mediations BEFORE allowing a case to go to trial.
Now that all the expert engineering reports have been filed, there is no reason not to
schedule mediation. We have asked our attorneys to make scheduling mediation
their top priority.
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Question #-3: (2025-10-13)
WHAT ARE YOUR THOUGHTS ON WORKING WITH ANOTHER GROUP OF
ATTORNEYS BASED ON A CONTINGENCY BASIS?
Answer #-3:
This is a delicate and complex question. We absolutely have the right to add or
change the attorneys on our case. There are numerous legal firms that might
consider taking on a case like ours on a contingency (or hybrid contingency) basis.
This question will need to be fully addressed by the next Board.
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Question #-4: (2025-10-14)
WHY IS OUR SUIT NECESSARILY TETHERED TO TAYLOR MORRISON’S SUITS
AGAINST THEIR SUBCONTRACTORS?
Answer #-4:
This answer comes in at least three parts.
First, “Taylor Morrison” means many things to many people. There is Taylor
Morrison of Florida, LLC; there is Taylor Morrison, Inc., and finally there is Taylor
Morrison Home Corp. Each of these is a separate corporation, and they each have
different roles in our lawsuit.
Second, early on, Talor Morrison petitioned the Court to include many of their
subcontractors in our original lawsuit. Once the Court agreed to do that, that die
was cast.
Third, in our second amended complaint, we actually named Taylor Morrison and a
small subset of their subcontractors.
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