June, 2009Volume 1, Issue 1 Live Oak Preserve

Special Interest Articles:

• New Home Owner Board Appointed.

• New Amendments to the By-Laws- What you need to know.

• New Collection Policy to be adopted.

• TOUSA/Engle Information.

• Brighthouse Status Update.

Individual Highlights:

Collections 2

Amendments 3

Kinnan Gate 3

New Counsel 4

BOD Member 5

The Villages at Live Oak Preserve

Following receipt of the news that Engle was “winding down” its operations, Engle’s builder-members of the Live Oak Master Homeowner’s Board of Directors submitted letters of resignation to the remaining board members. The two remaining resident-members, Frank Micallef and Amy Warenyk, knew they had little time before the next meeting to put together a new board.

New All Resident Board Appointed

As some of our residents already know, our homeowners’ association is facing many difficulties due to the outstanding balance of $644,000.000 owed by delinquent residents throughout our community. The viability of our community depends on the collection of these dues from residents.

For those residents paying their dues, these dues go to all of the services provided by the Master HOA. These services include the pool and clubhouse operations at a

Outstanding Homeowner Assessments- $644,000.00

Drawing from the Community Development District (CDD) Boards and residents who attended regular HOA meetings, various individuals were contacted and asked if they had an interest in serving in the interim until formal elections could be arranged in the new quarter.

The reply was positive and three new resident-members were selected following brief interviews on May 14, 2009. The

new resident-members include Greg Brooks of Maplewood Village, Heath Denoncourt of Willowbend Village, and Anthony Leone, also of Maplewood Village.

The Board will be facing many challenges including the Brighthouse issue, the lack of developer deficit funding, collecting past due assessments, and working with Greenacre Properties who was hired in March to manage the Live Oak property.

cost of over $30,000.00/monthly.Grounds maintenance for all common areas is over $28,000/monthly.

Utilities for the common areas, which include electricity, water, gas, telephone and security monitoring total over $100,000/monthly, not including the cable bill.

Insurance for the property is over $3,000.00/monthly. A complete copy of the Master HOA’s current financial records including

a list of delinquent accounts is on file for review at the clubhouse.

In addition these documents can be formally requested by residents using the written document request procedure previously adopted by the Board.

Lastly, copies of each financial statement can be easily obtained by sending an e-mail or making a request by phone to our Certified Property Manager, Lloyd Rials.

The Villages at Live Oak Preserve Page 2 of 6

“There is currently over $664,000.00 in dues

outstanding.”

During the next Master HOA Board meeting, the Board of Directors is expected to change the current collections policy for homeowner dues/assessments.

The current policy allows for a “courtesy letter” from Greenacre Properties informing the resident/owner of the outstanding debt and provides 45 days to pay. Next the matter is

New Collection Policy

Bankrupt TOUSA, the parent company of the home builder that developed Live Oak Preserve, is wrapping up all of its construction projects, selling off its inventory of homes and not planning to build any new ones.

The South Florida-based developer, which filed for bankruptcy protection in 2008, released a statement last week that

TOUSA/Engle Status Update

During the most recent Board of Directors’ meeting on May 21, 2009, many residents were surprised to learn that the Master HOA has ceased making payments to Brighthouse Networks in accordance with the bulk cable contract entered into between the service

Association to Cease Bulk Cable Payments

transferred to the Association’s attorney who presents the homeowner with a formal demand letter for outstanding dues and provides another 45 days to pay. Lastly, if payment is not made, after the second 45 day time-period, a lien is filed by the attorney against the property and the foreclosure process begins.

The new policy expected to be adopted cuts out the “courtesy letter,” from the property management company and the matter is handled directly by the attorney. The homeowner will only receive one 45 day time-period to bring dues current or face a lien and foreclosure.

As some of our members know from the last board meeting, there is over $664,000.00 in dues outstanding.

said it is in the process of winding down operations.

The company also plans to lay off 200 of its remaining 700 employees.TOUSA’s subsidiary Engle Homes is the primary developer of Live Oak Preserve.

TOUSA’s bankruptcy, filed Jan. 29, is one of the largest and most complex in South Florida, with 38 debtor companies and

originally $2.2 billion in liabilities. Its subsidiaries, including Engle Homes, Newmark Homes and Estate Homes, have operated in Florida, Texas, Colorado, Nevada, Tennessee, Virginia, Maryland and Pennsylvania.

The bankruptcy has included an $800 million fight between unsecured creditors and lenders.

provider and Engle-managed board.

As made known during the meeting, the Association simply cannot afford to make further payments to Brighthouse. To quote President, Frank Micallef, “we do not have the funds in our account to make any further

payments.” The Association is suffering because of lack of payments for assessments by current homeowners. At this time the viability of the Master HOA remains uncertain as bankruptcy looms on the horizon.

Live Oak PreservePage 3 of 6

New Rules Amended-Passed

On May 21, 2009, the Live Oak Board of Directors adopted 5 new rules pursuant to the gateway provision in the Declaration that allows the BOD to adopt such rules.

Towing: Specifically, Article 7.41 was amended to allow the towing of vehicles from the streets and sidewalks. Upon observance of a violation, a “Final Notice Before Towing” will be placed upon the vehicle. Upon a subsequent observation, by the same vehicle, within 24 hours, a towing company will be called to

After over $12,000.00 a month in damage repair and upkeep on the Kinnan Road gate, the Board of Directors has made a unanimous decision to close the gate to all but emergency vehicles until further notice.

This decision was made after numerous problems with the gate including damage by residents who chose to forcefully open the gate when they found it to be out-of-order.

The camera system in place at the gate has

Kinnan Road Gate Closed Until Further Notice

“Over $12,000.00 a month in damage repair and upkeep on the Kinnan Road gate.”

remove the vehicle requesting your service.

pursuant to Florida Statute 715.07, with costs assessed to the vehicle owner.

Sidewalk Parking: Parking a motor vehicle, boat, or trailer across the sidewalk, even temporarily or partially, will result in a “Final Notice Before Towing,” and the same procedures for “Towing” above will be utilized. See right for sidewalk diagram.

Overnight Street Parking: Any motor vehicle parked on the street between sunset and

sunrise is subject to towing and the same procedures for “Towing” above will be utilized.

Delinquent Dues/Denial of Amenities: Owners, residents, tenants, and their families behind in payment of dues over 90 days are denied use of the gym, club house, and pool until the dues are current.

Bad Behavior: Such behavior as defined within the rule will result in suspension of amenities for that resident or family member. You should become familiar with the rules as all residents will be required to conform.

recorded several vehicles that have been identified as resident vehicles and our property manager has been tasked with reviewing the tapes and matching invoices with the vehicles so that the residents or tenants can be charged with the repair costs.

A suggestion was made during the last Board meeting to submit the license plate numbers of offenders to the Sheriff’s office in order to identify the address of the vehicle’s owner and

submit a property damage claim to that vehicle’s automobile insurer.

While the Kinnan Road gate provided many residents with easy access to alternate routes to avoid traffic on Bruce B. Downs, it is also an avenue for non-residents who use the entry as a through street.

Emergency vehicles will have access to the gate with a special key; therefore the gate system must remain operational on this limited basis.

Sidewalk Diagram

The Villages at Live Oak Preserve Page 4 of 6

On Tuesday, May 26, 2009, members of the Master Homeowners’ board of directors met with Attorney Steven Mezer of Busch Ross, Attorneys at Law, in order to discuss the various legal issues affecting the community.

It is expected that the Board will vote on hiring Mr. Mezer as counsel for

Becker & Poliakoff Out, Busch Ross In

The Association Board of Directors is pleased to present to you one of its its newest members, Mr. Greg Brooks. Mr. Brooks has lived in Live Oak since the completion of his family’s home in January, 2006.

Prior to residing in Tampa, Mr. Brooks lived with his

Mr. Denoncourt was born in Saginaw, Michigan in 1975. He has been an attorney since 2003, and is admitted to practice before the United States District Courts in all Florida districts.

Mr. Denoncourt obtained his Bachelor of Science degree in Finance from the Florida State University in 1997, and worked as a financial advisor prior to obtaining

New BOD Member- Greg Brooks

NEW BOD Member – Heath A. Denoncourt

“The Board has already requested its files from

Becker & Poliakoff.”

the Association at the next meeting on June 17, 2009, to be held at the Live Oak clubhouse.

The Board has already requested its files from Becker & Poliakoff, and plans to make a fresh start by bringing in counsel not previously employed by Engle. Currently, Mr. Mezer is general counsel

to over 700 community associations and he routinely handles matters involving real estate litigation, foreclosures, collection of assessments and deed restriction enforcement. Mr. Mezer was previously employed by residents of Cory Lake Isles to assist in multiple legal issues within the community.

family in the Washington D.C. area with his wife, Jennifer and two daughters, Delaney, 7, and Caitlin, 5. He was born and raised in North Carolina.

Mr. Brooks has been a professional in the hospitality industry for over 14 years and is

currently the general manager at the Courtyard by Marriott in downtown Tampa.

Mr. Brooks is a member of the Hillsborough County Hotel/Motel Association, the Hillsborough Homeless Coalition, and is a founding member of the Uptown Council.

his Juris Doctor Degree from the Florida State University College of Law in 2002.

While at the Florida State University College of Law, Mr. Denoncourt was selected for a position as a certified legal extern for the Department of Financial Services where he handled cases involving securities fraud and the licensing of financial professionals. He

also studied law abroad in Geneva, Switzerland.

After settling at Live Oak in May of 2005, Mr. Denoncourt established the law firm of Denoncourt & Warenyk, P.A.

Mr. Denoncourt's practice is currently concentrated in the areas of bankruptcy, financial and estate planning, and foreclosure defense matters.

.

Live Oak PreservePage 5 of 6

New BOD Member- Anthony Leone

TRI-S Pest Control Lawn ServiceSome residents at Live Oak Preserve who already use this service have solicited an offer from TRI-S Lawn and Pest Control Service.

The lawn service is generally performed 6 times a year, on an every other month frequency. It provides fertilization, insect control, and weed control.

The pest control service is also performed 6 times a year, on an every other month frequency. A perimeter treatment is performed to control and warranty against crawling insects.

“To catch the reader’s attention, place an interesting sentence or quote from the story here.”

The price for TRI-S services is $70.00 every other month with a current savings of 30%. Right now, there are about 50 homes that use this service. If we can sign up 50 additional homes, the cost would be reduced to $50.00 every other month.

Please Call (813) 936-5850 and ask for James Toney. Please tell him you live at Live Oak Preserve. He will be glad to meet with you to answer any questions you may have.

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Mr. Leone has many special qualifications to sit on our board of directors including three years of homeowners’ association experience.

He is currently employed as a Senior Training Consultant for the Depository Trust & Clearing Corporation based in New York, New York.

Mr. Leone and his wife, Debra, purchased their home in Maplewood Village in June of 2005.

Prior to his appointment to the Board of Directors, Mr. Leone was responsible for enforcing restrictions within Maplewood Village and issuing violations as well as addressing landscaping decisions.

While enjoying his hobby in landscape design, Mr. Leone desires to make Live Oak the community of choice. His decision to be involved with the board is inherent in his goal to be part of the decision making process in order to enhance the overall community to make it an environment we are all proud of.

1. All homeowners must have a pool pass and photo ID to use the facilities, including the gym.

2. If any homeowner has an HOA balance, access to the clubhouse amenities may be denied.

The Live Oak Master Board of Directors is expected to vote on a new meeting start-time at the next meeting on June 17, 2009.

The new board feels it is necessary to make meeting times convenient for not only its members, but for all residents.

BOD Meeting Time- Subject Up for Discussion

Clubhouse & Pool Rules Reminders

If you know any New Tampa business owners who would like to advertise within our community Newsletter, please put them in contact with the Master Board of Directors, via Amy E. Warenyk, at 813-973-3026 or aew@denoncourtlaw.com.

Would You Like to Advertise Here……?

Live Oak Preserve

4131 Gunn HighwayTampa, Florida

33618

PHONE:(813) 600-1100

CELL:(813) 263-5905

E-MAIL:lloyd@greenacreproperties.

com

LIVE OAK PRESERVE4131 Gunn Highway

Tampa, Florida 33618

LIVE OAK PRESERVE ALL RESIDENTSALL VILLAGES

entrance gate within the community.

While the board wants to increase attendance at the meetings, it still must complete the business of the board, so please make sure you get your questions reduced to writing so that all residents are given the opportunity to inquire of the board.

The new board looks forward to increasing attendance at all meetings in the future by holding meetings at 6:00 p.m. At the previous meeting, the board enlisted the assistance of its property manager in order to provide larger signage and to place those signs announcing meeting dates and times at each

3. Homeowners are allowed a maximum of 5 guests and the owners must be with guests to be allowed access.

4. No child(ren) under the age of 16 will be permitted access without an adult homeowner.

5. All homeowners must wear a wristband while at the pool.

6. All coolers and bags are subject to inspection. No glass or alcohol allowed.