§ 110-174. Gated community cost disclosure statement.

Each owner of any lot, parcel or tract within a subdivision petitioning for conversion to a gated community shall be subject to the provisions of this chapter and shall be provided with a disclosure statement by the HOA setting forth the following facts in a single document typed in all uppercase letters in at least 12-point typeface and with the heading "Gated Community Cost Disclosure Statement":

(1)

Conversion of your subdivision to a gated community will subject your subdivision to the provisions set forth in article III, division 6, chapter 110 of the Winter Garden Code of Ordinances, in addition to other provision of the Winter Garden Code of Ordinances relating to streets and subdivision infrastructure.

(2)

By law, Winter Garden cannot pay to maintain the roads, street lights, sidewalks, drainage and other improvements in this community because these things are or will become private property and the general public cannot access the community.

(3)

Although the cost of properly maintaining and repairing roads, street lighting, sidewalks, drainage systems, and other improvements can be very high, only the owners of homes and lots within this community will share these expenses. Tax dollars will not be used. The members must also pay for the cost of liability insurance and traffic enforcement on the community's roads.

(4)

Under Florida law, no reduction in your tax burden will result from the conversion to a gated community.

(5)

Members of this community, through their mandatory homeowners association, must set aside adequate reserves to properly maintain, repair and replace the roads, sidewalks, drainage systems and other improvements, and have a professional engineer regularly inspect the roads, sidewalks, drainage systems, and other improvements and report what work is necessary to maintain and/or repair them. The mandatory homeowners association is obligated to do the necessary work reported and the members of the homeowners association pay for the work through their assessments.

(6)

The extra expenses you incur as a result of the conversion of your community to a gated community are in addition to other expenses charged by your homeowners association to pay for private recreational, security and other amenities and services the community may offer, including the community's gates.

(7)

As with any assessment, the failure or inability to pay may lead to a lien being placed on your home. If a lien is placed and foreclosed, you could lose your home.

(8)

The homeowners association is required to maintain liability insurance adequate to pay claims for injuries and property damage arising on the private roadway, sidewalks, drainage ponds, and other common areas in the neighborhood.

(9)

If Winter Garden determines that the community is not meeting its obligations, it may revoke the community's privilege to close its gates.

(10)

If the community fails to maintain its roads, sidewalks, drainage system and other improvements, the city may require that the gates be removed. In the event the gates are removed, and the HOA dedicates or conveys the roads or other infrastructure to the city, all costs and expenses which the city incurs for such maintenance are recoverable from the community. Funds which have been set aside by the community may become the property of Winter Garden, and the roads in your community shall permanently become open to the public. Winter Garden will not maintain your recreational, security or other amenities under any circumstances.

(11)

You should request written information from your homeowners association about the costs of living in the community as a result of and after the conversion.

(Ord. No. 04-19, § 2(Exh. A), 6-10-04)