Polk County judge awards nearly $35 million in improper HOA fees

Polk County

POINCIANA, Fla. (AP) — Residents of a central Florida 55-plus neighborhood have been awarded nearly $35 million in a civil case following a judge’s ruling that they were charged improper homeowners’ association fees.

Attorney Carter Anderson says each resident could receive up to $10,000 following the Nov. 2 judgment issued by Polk County Judge Wayne Durden. The lawsuit represented more than 5,000 residents of the Solivita development in Poinciana.

Developer Avatar Properties proposed a bond measure in 2015 to sell a clubhouse, pools and tennis court to the resident-run development for $73 million.

Attorneys reviewing the proposal found what they believed to be improper fee collections by the developer.

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