Las Colinas residents' transition team for post-declarant turnover activities
This site is not associated with the current Las Colinas Homeowners Association, and is not in any way associated with any legal or mediation proceedings.
Our Mission Inn includes a vision for our community post-turnover by the declarant HOA board of directors. After the turnover to residential voting rights, there will be a need to implement a transition to self governance. This website can hopefully answer any questions about the process, describe the next steps we can expect, and also dispel any rumors, by providing our concrete path forward.
FAQS
Here are answers to some common questions.
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Why have a Transition Team
The Las Colinas Homeowners Association will soon transition from an unelected declarant-run board, to a board fully elected by the residents. We need to be ready on day one.
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What is the difference between a declarant-run board and an elected board?
When new communities are developed, the developer "declares" the rules and regulations that will govern the community. The developer is the Declarant. All of the board of directors of the HOA are elected by the Declarant until such time they are sell 50% of the properties that are a part of the development. Under the Florida Statutes, once that happens the owners of the properties have the right to elect one board member. Then when 90% of the properties are sold or the passage of time set forth in the Declarations the Declarant is required to turnover total control of the HOA to the homeowners, who then elect all board the members.
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When did Las Colinas reach 50 percent occupancy, and when did we reach 90 percent occupancy?
According to Lake County records, we reached 50 percent occupancy in 2005, and we reached 90 percent occupancy in March, 2022.
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If we have already reached the thresholds, how come we haven't held elections earlier?
You would have to ask the members of the declarant board of directors who served from 2005 to today why the elections haven't been run according to Florida law.
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So, is the transition team appointing the new board?
Absolutely not. This is not the replacement of one set of unelected members with another set of unelected members. The new HOA board is going to be 100% elected by the residents of Las Colinas. The transition team is only helping any future board to have the data and input they'll need to start their new roles.
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I like the way things are. Why change?
If you like how everything is running now, then during the HOA elections, you can vote for a candidate who will maintain the status quo. The key is: you'll have a vote.
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Why can't we just keep things as-is?
Florida law mandates we transition from a declarant-run board to an elected board. We have to follow Florida law.
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If there is an election, can I just vote for the current board members to remain?
Absolutely! The key is you now have a choice.
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Didn't we just have an HOA election in July?
Yes. The State of Florida mandated the board conduct this first election after 19 years of not holding one. The results of the election were 82% in favor of Catherine Cruz.
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What happens if the declarant board refuses to allow homeowner elections?
Florida law is very clear on the process.
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Does following Florida law by having an election mean the new developments won't be built?
The election of our HOA board members has nothing to do with whether or not the other developments in our area will be built. This simply means we have a vote for our HOA.
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If the HOA board is elected, then who will be on it?
The residents of our community will vote for the new board. Any resident in good standing (no unpaid HOA bills) can run, and any resident can vote.
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Does having elections stop any future houses from being built?
The election of our HOA board members has nothing to do with whether or not the other developments in our area will be built. This simply means we have a vote for our HOA.
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Who will keep our HOA documents? Does this mean we won't have a management company?
Because of the size of our community, we are required by Florida law to hire a professional management company. The choice of a management company will be made by the board of directors of the HOA.
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If a new HOA board is elected, who will ensure residents abide by the covenants?
The enforcement of covenants is now, and will be the responsibility of the HOA board. Nothing will change.
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Can I be a part of the Transition Team?
Of course! We would love to have your help! Simply complete the form HERE.
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Is this transition team effort costing we homeowners any money?
Not a cent. Every member of the transition team is a volunteer. Nobody who is part of this effort will receive any compensation at all -- other than the right to vote, which all residents will now have.
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Can you provide me an update of the legal proceeding concerning this issue?
The transition team is an independent entity of volunteer residents, not connected to any legal actions.
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Is this an effort of the current HOA?
The transition team is an independent entity of volunteer residents, not connected to the current declarant-run HOA board.
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I have another question. How can I do that?
Simply complete our questionairre form HERE. Or, if you know a member of the transition team personally, ask them. You could also call or text Michael Ertel at 407.687.3654.
Our Transition Team Section Leads
Below are the group leaders of the transition team. You are encouraged to join us. Simply complete this form.
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Meet Catherine Cruz, Transition Team Organizer
A San Miguel resident for three years, Catherine is a current Certified Public Accountant licensed in two states, former certified fraud examiner, former forensic accountant with the FBI, and a retired Assistant Deputy of Auditing with a federal Inspector General office. She volunteers every year as a tax preparer for the AARP from January through April. Catherine brought the action to the State of Florida compelling the Declarant HOA to comply with Florida law relative to election of board members.
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Meet Jim Dean, Governing Documents Review Team Lead
A resident of San Jose for three years, Jim launched and currently leads a Florida-based private charitable foundation as president and board chairman. Jim is also a former HOA board president of a Florida Homeowners Association. Jim has a background in finance, tax and complex personal planning, and is a former practicing CPA, business owner, and executive in a nonprofit organization.
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Meet Michael Ertel, Communications Team Lead
A four-year resident who has lived on San Jose and San Miguel, Michael is an award-winning journalist and communicator. He completed the Harvard program on How to Deal With an Angry Public and is the former president of the Central Florida chapter of the Public Relations Society of America. Ertel is the former Florida Secretary of State, Governor-appointed board member of the 18-county St. Johns River Water Management District, and a county government administrator.
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Meet Denny Gilley, Contracts Review Team co-Lead
A 17-year resident of Las Colinas who has lived on San Fernando, San Jose and San Pablo, Denny practiced law for several years. Dennis was the CEO of a hospitality management and development company- renovating, building, financing and managing more than 100 hotels of all types, locations and affiliations during his business career. He has been an elder in his church, president of his country club, commodore of his yacht club, president of Culver Academies Summer School Alumni Association, member of Culver Academies Foundation Board and an elected member of an award winning high school’s board. He is currently president of Mission Coronado Condominium Association, Inc. a sub-association of Las Colinas Homeowners Association.
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Meet Tim Lauterbach, Contracts Review Team co-Lead
A four-year resident of Serra Ct., Tim is an executive and senior leader who negotiated multi-million dollar contracts for Walt Disney Entertainment for 20 years. Winner of Disney’s most prestigious award, “Partners in Excellence.” Tim was also executive partner in an Orlando-based corporate entertainment company. He is former president of two Florida home owner’s associations.
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Get involved. Join us!
Join more than twenty of our neighbors who are helping to lead our community into this next phase. Sign up HERE.
