When Martin Kessler moved to the Solivita development in Poinciana, Florida in 2008, he says he quickly realized it was a big mistake. This was the first place the 97-year-old had ever lived with a homeowners association.
“Living in an HOA is not really a pleasant thing for a resident,” Kessler said. A retired economist, he said the fee he was required to pay was “a capitalist’s perfect dream of a business. People must join whether they like it or not, and they pay all the expenses of the business.”
Kessler is among more than 5,000 members of the 55-plus community locked in a class action lawsuit since 2017 against Solivita developer Avatar Properties, which they allege improperly collected HOA fees. On Nov. 2, Polk County, Florida, Circuit Judge Wayne Durden awarded the residents $34.8 million.
