CCMD History and Background

Incorporated: The Homeowners" Association (HOA) was incorporated in July 1991 in Florida as a Corporation Not For Profit.

Developer: Morrison Homes, Inc. (a Delaware corporation), formerly Morrison Homes of Florida, Inc. (a Florida corporation), formerly George Wimpey of Florida, Inc. (a Florida corporation).

Other Morrison-Approved Builders: Shamrock for Greenbriar and Sterling Villas for St. Andrews. Various builders in the Edgewater subdivision.

PUD: Approved as a Planned Unit Development by the City of Mount Dora in 1989. Has two phases. Phase 2 is governed by a Community Development District (CDD) approved by the City of Mount Dora in 1993.

Property Management Company: Sentry Management, Inc., 10332 U.S. Hwy 441, Suite 102, Leesburg, Florida, telephone 352-343-5706. The Property Manager is Don Martin at ext. 11.

Registered Agent: Sentry Management, Inc.

Governing Documents: Articles of Incorporation, By-Laws, and Declaration of Restrictions, all recorded in the Land Records of Lake County. All amendments have been recorded in the Land Records of Lake County.

Turnover to Resident Control: August 1, 2005

Physical Characteristics:

Located in the City of Mount Dora and consisting of 439 +/- acres of multiple tracts of land situated contiguous to U.S. Hwy 441 and having frontage on Lake Loch Leven
122.39 acres of golf course and miscellaneous open space.
44.70 acres of water management ponds.
1.88 acres of cemetery (the HOA, by virtue of the PUD and the Declaration of Restrictions) is not required to maintain the abandoned cemetery.
26.20 acres of preserved wetlands.
833 assessable Lots, with 607 Lots located in Phase 2.
As of January 2005, all roads in both phases are public roads and are maintained by the City of Mount Dora, except for the stub roads at The Cottages, which are maintained by the residents of The Cottages via a Benefit Assessment, in accordance with the Declaration of Restrictions. Monies collected for the stub roads are placed in an HOA reserve account.
Is not a gated, self-contained retirement community.
Is not designated as a golf cart community. City of Mount Dora Ordinance 720, Section 82.030 simply allows golf carts on certain streets (which happens to be all the streets at the CCMD) and regulates the use of golf carts at night.

Golf Course and Club House: In December 1996, the developer sold a 49% share of the golf course, club house, swimming pool, and tennis courts to GolfSouth. In December 1999, the developer and GolfSouth sold all their shares to the Gary Holmes Golf Company.

Who Owns and Maintains What:

The Gary Holmes Golf Company owns and maintains the golf course, the club house, the swimming pool, and the tennis courts. The CCMD HOA has no involvement in these amenities.
The St. Andrews/St. Ives HOA owns and maintains a small recreational facility in St. Andrews that includes a clubhouse and swimming pool.
The CCMD HOA/CDD owns and maintains all common areas, including 13 wet ponds, 1 dry pond, conservation areas (not to be confused with conservation easements on private property), and, eventually, Tract A in Phase 1-1, that includes a building the PUD requires to be turned over to the HOA by the developer. The Phase 2 CDD is in the process of transferring all Phase 2 common areas and ponds to the HOA.

Ponds:

There are 17 stormwater retention ponds, all under the jurisdiction of the St. Johns River Water Management District (SJRWMD). (SJRWMD is the agency charged with managing water resources in all of Northeast Florida.) The CCMD HOA/CDD owns and maintains 13 of the wet ponds. The Gary Holmes Golf Company owns and maintains the other 4 wet ponds located in Phase 1. The CDD currently is in the process of transferring ownership of all ponds in Phase 2 to the HOA.
All but 3 of the 17 wet ponds are mitigated.
There are 4 dry retention ponds. The CCMD HOA maintains 1 of the ponds; the other 3 ponds are maintained by the St. Andrews/St. Ives Homeowners Association, Inc.
The SJRWMD construction permits are in the name of the George Wimpey Company. In December 2003, Morrison Homes petitioned SJRWMD to transfer the construction permits into operational permits in the name of the HOA. To date, the SJRWMD has not acted on Morrison's petition other than to request additional information. Subdivisions: There are 16 subdivisions, all managed by the HOA. Nine of the subdivisions have mandatory yard maintenance provided by the HOA. St. Andrews and St. Ives have a subassociation that manages their recreational facility.

Amenities: The HOA maintains Burton Park (basketball court and children's playground) and Swayne Park (benches), both in Phase 2. These properties currently are being transferred from the CDD to the HOA. There is a nature park in Phase 1 that may include amenities such as board walk and picnic area. This conservation area has been left in its natural state, with no amenities.

Buildings: The HOA owns and maintains a guard house at the front entrance. In accordance with the PUD, the developer must transfer ownership of a 1,987 sq. ft. building that was used as a sales center to the HOA after turnover. The building sits on Tract A in Phase 1-1 and is currently owned by the developer. This building is zoned for use by the residents only as a management and community center. The building is mentioned in the PUD.

Cemetery: There is a 1.88 acres unnamed and abandoned cemetery on the CCMD property, which is currently owned by the Phase 2 CDD. This property will be transferred by the CDD to the HOA. The HOA, according to the PUD and the Declaration of Restrictions, has no duty or obligation to maintain the cemetery other than to preserve it. The cemetery has not been disturbed.

Emergency Access Easements: There are three emergency access easements on the CCMD property solely for the emergency access of fire trucks and other emergency vehicles:

A permanently closed back gate on Britt Road
A 20-ft. wide easement on Lot 48 in Greenbriar
A 15-ft. wide easement between Lots 109 and 110 in Edgewater

Fences: There are no perimeter fences or walls encircling the CCMD property. All fences are located on private property and are not maintained by the HOA.

Common Area Irrigation: The HOA receives its irrigation water for common areas from an irrigation pump owned by the Gary Holmes Golf Company. There is a written agreement (the "Consumptive Use Agreement") between the golf course owner, the HOA, and the CDD. The agreement grants the HOA/CDD the right to withdraw 18% of the total capacity of the irrigation well for common area irrigation purposes. The agreement further states that the HOA/CDD shall share 40% of the cost and expense of total charges associated with maintenance and repairs to the irrigation pump. The HOA has been unable to obtain a copy of the agreement.

Board of Directors: As of August 1, 2005, there was an all-resident Board of Directors. For its current membership, please see "HOA Board" on the HOA website menu.

Association Officers: Please see the above reference.

Permanent Committees: For the names of current chairpersons, please see "HOA Committees" on the HOA website.

Architectural Review Board-Staffed by residents since 1996.
Nominating Committee-Must be chaired by a director.

Standing Committees:

Community Activities Committee-Staffed by residents since 1996. Responsible for activities related to the community, including publication of the community newsletter and neighborhood directory and administration of the community website.
Community Center Operations Committee-Formed on August 18, 2005. Responsible for the operations and maintenance of the Community Center building.
Finance Committee-Staffed by residents since 1996. Responsible for overseeing and managing the finances of the HOA, paying particular attention to assessment delinquencies; formulates the Annual Budget; and manages Reserves.
Grounds Committee-Staffed by residents since 1996 and is. Responsible for a major portion of the Annual Operating Budget. Oversees maintenance of all common areas and Mandatory Maintenance Subdivisions. Manages the following contracts: Common Area Grounds Maintenance; Uniform Yard Maintenance; Aquatic Management Services (13 ponds); and Common Area Pest Control Services.
Holiday Decorating Committee-A spin off of the Community Activities Committee. Responsible for decorating common areas for the Christmas holiday season. * Security Committee-Oversees community security, working with the Property Manager, local police, and the contracted security company.

Mandatory Maintenance Subdivisions: From the inception of the CCMD, the developer provided, through the HOA, uniform yard maintenance in the subdivisions of Andover Meadows, The Cottages (The Cumberlands, The Meadowlands, The Southerlands), Hunters Greene, Spring Creek, Stafford Springs, Stone Bridge, St. Andrews, St. Ives, and St. James. The contractor is hired and paid by the HOA. The residents of the subdivisions pay a monthly assessment to the HOA for the mandatory yard service, which is considered a Benefit Assessment and which is provided for in the Declaration of Restrictions.

The Cottages (The Cumberlands, The Meadowlands, and The Southerlands): These are duplex villas that have fee-simple ownership. The residents of The Cottages pay a monthly assessment to maintain their stub roads, with the monies being held in a reserve account. There also is a reserve account for uniform painting of The Cottages.

Rentals: The HOA allows no less than six-month rentals in all subdivisions except Andover Meadows, The Cottages, and Hunters Greene, where no less than one week is allowed.

Phase 2 Community Development District: All of Phase 2 is under the jurisdiction of a Community Development District. The current Board of Supervisors are all residents of Phase 2: For the current membership, please see "CDD Board" on the HOA website menu.

Maintenance of all infrastructure in Phase 2 was accepted by the City of Mount Dora as of January 3, 2005. All CDD bonds expire in the year 2013, at which time the CDD may be dissolved.

The CDD currently is engaged in a lawsuit against its former engineering company and five construction contractors for faulty design and construction deficiencies of the stormwater system. Previously, the CDD settled with the developer in control of the Board of Supervisors (Morrison Homes) at the time of the construction of the infrastructure. The CDD also has settled with one of the five construction contractors. The judge has set a trial date of February 21, 2006.

St. Andrews/St. Ives Homeowners' Association, Inc.: Created by the developer to own and maintain a recreational facility in St. Andrews for the sole use of the residents of the St. Andrews and St. Ives. Facility includes a clubhouse and swimming pool. The property also includes three dry retention ponds maintained by the subassociation.

-Dennise Small

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CCMD History and Background