Verandah View
Another Seabreeze Publication VOL. 9 NO. 8
A publication of the VCA www.seabreezecommunications.com
AUGUST 2024
What Is Developer Settlement? You are not alone if you have no idea what the term “Developer Settlement” refers to, but it is a common legal process which occurs when the developer of a community turns over governance to its residents. In 2012, Kolter Land Development became the developer of Verandah through a purchase from the Bonita Bay Group, the original developer. The simplest way to explain Developer Settlement is by analogy to what happens when a person has a new home built. Once construction is complete, the home buyer fully inspects the property. The buyer often discovers that there are problems with some aspects of the construction, which can range from minor cosmetic concerns to major structural or design flaws. The home buyer gathers these problems into what is commonly referred to as a “punch list,” which is then reviewed with the builder. The buyer and the builder then work together to resolve the issues. Sometimes it is not possible to reach an amicable solution. This may necessitate involving third parties such as mediators, arbitrators, or the court system. In Verandah, according to Florida law, once 90 percent of all residential parcels have been sold, the developer is required to turn over control of the community to a Homeowners Association run by a Board of Directors composed of homeowners. This turnover took place in Verandah on October 1, 2021. (For almost 20 years the developer controlled all aspects of the community including activities of the Club, the VCA, and the East and West Community Development Districts.)
Florida law requires that when turnover occurs, the developer must deliver to the new Board of Directors all VCA records and funds. This is the first opportunity for the ownercontrolled Board to review and analyze this information, much like the home buyer preparing to move into their newly constructed home. One of the first steps taken by the newly elected Board of Directors after turnover in October of 2021 was the creation of a subgroup known as the “Developer Settlement Committee.” The purpose of this Committee was to organize and analyze the information being turned over by the developer, which consisted of thousands of pages of documents. Like the new home buyer, delivery of these records was the first opportunity for the Board of Directors to inspect how the developer operated the VCA. In addition, the Developer Settlement Committee reviewed records relating to the development of Verandah as a community. These records were largely on file with Lee County, but gaining access and understanding these documents necessitated the engagement of an engineering firm, which has proved invaluable. Working together with its consultant engineers and attorneys, the Developer Settlement Committee has discovered multiple areas of concern with actions taken by the developer when it was in control of all aspects of the community. These actions have both long-term and shortterm consequences for the Homeowners’ Association and are both large and relatively small in their financial impact on residents of Verandah.
In March of 2024, the VCA submitted its list of claims to Kolter together with a request that these matters be resolved amicably without court intervention. (The VCA has been advised that publicly disclosing the content of these claims is unwise.) The developer has retained its own legal counsel and has begun seeking additional information about the various claims. State law establishes deadlines for when certain claims must be settled. The VCA hopes to resolve these claims amicably. However, since some of the VCA’s claims would expire if not resolved quickly, the VCA needed to ensure it could bring legal action against the developer. According to the VCA’s Governing Documents, the VCA was required to obtain the consent of our homeowners and our Neighborhood Representatives to file a lawsuit if necessary. In May 2024, with the assistance of Neighborhood Representatives, the VCA solicited the approval of homeowners to pursue legal action if we are unable to resolve our claims amicably. As of early June, the VCA had received sufficient votes from homeowners in 25 neighborhoods and Neighborhood Representatives to surpass the thresholds required. Many have asked what the cost of legal action might be and what might be collected if we are successful. Since we do not know what claims will require legal action the VCA is unable to respond to these questions. Be assured that the Board will provide all homeowners with periodic updates as this developer settlement process moves forward.
Meet The Verandah Community Association Staff
Left to right, Deanna Busbin, Trisha Snook, Michele Boose and Stephanie Rigo With its current count at 1,531 residences, the Verandah community is steadily progressing towards our final buildout of 1,636 residences. This sizable population requires a significant workload. Behind the beautiful streets and homes stands a dedicated staff working diligently to keep our community running smoothly. Each member of this four-person team plays an integral role in the day-to-day functioning of Verandah. Meet Michele Boose, our new General Manager. She brings to us a wealth of experience and a vision for the community’s future. Originally from Massachusetts and now a 30-year resident of Cape Coral, Michele has three children and three grandchildren. She brings an impressive 19-year tenure in property management and accounting to Verandah. Boose is responsible for overseeing the operations and projects of the Verandah Community Association (VCA). One of her first priorities is to oversee the Comcast Project. Her knowledge and expertise with Florida’s homeowner and condominium statutes will serve us well as she navigates the complexities of community governance. Meet Trisha Snook, the Assistant Manager of the Verandah Community Association. Snook has been a Florida resident for 34 years, relocating from Pittsburgh. She has two daughters and a grandchild. She brings both experience and a deep commitment to preserving the essence of Verandah. Providing support to the Design Review Committee, Snook
works to guide the building process and ensure the consistent quality of our neighborhoods’ aesthetics. She also oversees the community’s natural resources. Snook’s responsibilities extend to managing animal and wildlife issues. An issue occurred when a bear was reported near the gatehouse. She was called into action and bravely “escorted” the bear to the Access Road. Through her commitment to compliance and gatehouse matters, Snook works to ensure that Verandah remains safe and pleasant for all who call it home. Meet Deanna Busbin, a native Floridian whose dedication to the VCA has become synonymous with efficiency and warmth. She is a proud mother of two with four grandchildren, and brings a genuine sense of caring to her role as Residential Service Coordinator. One of her primary responsibilities is welcoming new homeowners and guiding them through the intricacies of the Verandah Homeowner’s Handbook. She has processed up to 100 gate access stickers in a month and all invoices. She is also the go-to person for residents seeking assistance with the VCA website, guiding them through sign-ups, and managing website updates to keep the community informed and connected. Meet Stephanie Rigo, the indispensable administrative assistant whose attention to detail and knack for organization keeps the wheels turning smoothly. Rigo, who moved here from New Jersey, is the proud mom of two children. Her role encompasses a wide array of tasks from handling leases and conducting background checks to assisting Deana with gate passes. She ensures that every aspect of residential logistics is managed with efficiency and care. She assists the Design Review Committee, reviewing paperwork to ensure compliance and smoothing the process, and assembles the News You Can Use newsletter and email blasts to deliver timely updates to residents. Recently, Rigo has taken on the challenge of supporting the community’s technological needs by assisting residents with the Envera app. She also sets up Zoom meetings for the Board. With her comprehensive approach to customer service and technical know-how, Stephanie Rigo is an integral member of the team.
When our VCA staff was queried about their favorite aspect of working within the Verandah community, they unanimously spoke about how gratifying they find the experience of assisting residents. As members of the Verandah community, we deeply appreciate their dedication to preserving the place we all call home.
Pet Of The Month Black Lab Luna aka Luna-tic (used in the most affectionate way) is best known for her playful 2-year-old attitude. Luna loves to get wet and jumps to welcome anyone, especially if they are wearing white! Like most Labs, Luna is motivated by “food,” whether it’s a stick, plastic bag or even a CBD gummy she found on her walk one evening. Her perplexed and scared parents became so worried about her unsteady walking and extreme lethargy that they hurried her to Blue Pearl Emergency Hospital. Fortunately, Luna recovered completely but, curiously, she was seriously craving munchies the next day! You can meet Luna happily romping around in the dog park in the afternoon. Luna’s parents are Karen and Charles Lynch.