PROHIBITION OF DEVELOPER LIABILITY SHIFTING (FLA. STAT. § 720.3075(5)) & UNLAWFUL HOA BUDGET ALLOCATIONS

1. REAL PROPERTY TITLE VS. MAINTENANCE EASEMENTS

According to St. Lucie County public records, real property title to the water management tracts (lakes) and conservation areas (preserves) is held by Tradition Community Development District No. 1 (CDD) or Taylor Morrison—not the HOA. While recorded plats establish Lake Maintenance Easements for access, an easement does not transfer property ownership or convert developer infrastructure liabilities into an HOA operating expense.

2. STATUTORY PROHIBITION ON SHIFTING DEVELOPER LIABILITIES (FLA. STAT. § 720.3075(5))

Under Florida Statute § 720.3075(5), developers are strictly prohibited from executing agreements or taking actions that shift developer construction, operational, or maintenance liabilities onto the Homeowners Association or parcel owners prior to turnover. Attempting to budget private HOA operating funds for non-compliant, unaccepted lake and preserve infrastructure violates Florida statutory protections.

3. ACTIVE CDD REJECTION DUE TO DEVELOPER NON-COMPLIANCE

CDD District Manager Frank Sakuma confirmed in writing that post-acceptance care belongs to the CDD. However, the CDD and District Engineer (Culpepper & Terpening) have refused final engineering turnover due to outstanding builder non-compliance, including: (a) lake banks built steeper than mandatory 4:1 safety slope ratios without required stabilization plantings, (b) unpermitted yard drains cut into lake banks causing active erosion, and (c) unresolved SFWMD deficiency items and $4,441.15 in unpaid engineering inspection fees owed by Taylor Morrison.

4. UNLAWFUL EXPENDITURE OF $115,000+ IN HOA DUES & DOUBLE-BILLING

Since September 2023, over $115,000 in HOA operating funds ($116,000+ through early 2026) has been paid to private vendor Premier Lakes for primary aquatic upkeep on property the HOA does not own. Concurrently, homeowners already pay for master stormwater infrastructure care through CDD Operations & Maintenance (O&M;) assessments on their annual county property tax bills. Budgeting HOA dues for these items constitutes illegal double-billing to cover developer construction defects.

5. FORMAL DEMANDS TO THE BOARD OF DIRECTORS

1. Immediate Budget Removal: Immediately strike and exclude all lake, preserve, and aquatic maintenance line items from the upcoming HOA operating budget.

2. Reimbursement Pursuit: Formally demand full financial reimbursement from Taylor Morrison for all $115,000+ in HOA funds misspent on non-owned property.

3. Developer Maintenance Funding: Enforce Taylor Morrison's obligation to fund all ongoing lake and preserve care under developer construction/land management liability until formal CDD acceptance.

4. Correction of Physical Defects: Require Taylor Morrison to reslope lake banks to 4:1 standards, remediate unpermitted yard drains, and settle all unpaid inspection fees at its sole expense.