Agenda 05/09/2023 Item #16A13 (River Oaks HOA Unpaid assessments of Palm River Estates)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
May 9, 2023
Move Item 16A18 to 11C: Recommendation to approve an Economic Development Agreement with PFPI OZ,
LLC, (Pikus) for the proposed project “CENTRO” for reimbursement of up to $788,878.56 in actual expenditures
for sanitary sewer, drainage, impact fees, and building permits for constructing a mixed‐use development
headquarters in the Golden Gate City Economic Development Zone (GGEDZ) finding that this applicant is a target
business qualifying for the incentives set forth in the GGEDZ Ordinance. (Commissioner Saunders’ Requests)
Move Item 16A13 to 11D to be heard no sooner than 1:00 PM: Recommendation to approve the payment of
$1,650 to the River Oaks Homeowners’ Association (“HOA”) for five years of unpaid assessments for Lot 44, Block
A of Palm River Estates, Unit No. 7, according to the Plat thereof recorded in Plat Book 12, pages 28 through 30,
Public Records of Collier County, Florida (Commissioner McDaniel’s Requests)
Move Item 16F2 to 11E: Recommendation to approve a Second Amendment to Vacant Land Contract between
Collier County and David Lawrence Mental Health Center, Inc., that extends the approval period one year ‐ due to
an unexpected delay in finalizing the rezoning of the underlying property ‐ the time to obtain the necessary site
development plans. (Commissioner McDaniel’s Requests)
Notes:
TIME CERTAIN ITEMS:
Item 11A to be heard immediately following 5A: Recommendation to approve the County Manager’s
implementation of one additional personal leave day for all County employees.
Item 13A to be heard at 11:00 AM: Presentation of the Annual Comprehensive Financial Report for the fiscal
year ended September 30, 2022.
Item 11B to be heard no sooner than 1:00 PM: Recommendation to accept the after-action report for the 2023
Florida legislative session and provide guidance as preliminary planning begins for the next legislative cycle.
Item 11D formerly 16A13 to be heard no sooner than 1:00 PM: Recommendation to approve the payment of
$1,650 to the River Oaks Homeowners’ Association.
5/10/2023 8:34 AM
05/09/2023
EXECUTIVE SUMMARY
Recommendation to approve the payment of $1,650 to the River Oaks Homeowners' Association ("HOA")
for five years of unpaid assessments for Lot 44, Block A of Palm River Estates, Unit No. 7, according to the
Plat thereof recorded in Plat Book 12, pages 28 through 30, Public Records of Collier County, Florida
OBJECTIVE: To pay the River Oaks Homeowners Association (HOA) assessments for 2018 through 2022 for
property that Collier County purchased in 2004 which is located at 444 Sharwood Drive ("the Property").
CONSIDERATIONS: On May 6, 2003, the Property was purchased by the County for the purposes of accessing
the Palm River weir structure for ease of operation and maintenance. The weir acts as an effective barrier to salt
water and controls the upstream flow of water which helps to prevent flooding in the Palm River Estates area.
In 2022, the County received a demand for payment for assessments back to 2004, inclusive of late fees of $25 per
year as well as 18% interest for each year of non-payment. The total request was in excess of $27,000. County
staff reached out to the homeowner's association representatives to collect additional information as staff was
unaware that the property was encumbered by the homeowner's association obligation nor had staff received any
annual statements. In those discussions, it was discovered that the prior homeowner's association board was not
clear if the County was responsible to pay said assessments and therefore, the County had not been invoiced. This
is further evidenced by Homeowner's Association's meeting minutes and budget documentation that make no
reference to the County's delinquent dues or that the County ever received demands for payment. In August 2018,
the HOA adopted an administrative resolution dictating the HOA's collection policy. This collection policy
requires a 15-day and 30-day notice of delinquency, of which the County has never received, nor has the HOA
provided documents that their policy has been followed. In December 2022, the County received an intent to
record a Claim of Lien against the property unless the amount was paid in full. The breakdown of fees received in
December 2022 is as follows:
Description
Amount
Annual Assessments 2004 - 2017 @ $175
$2,450.00
Annual Assessments 2018 - 2022 @ $330
$1,650.00
Late Fees - $25 per year
$475.00
Interest from l/l/2004 through 12/31/2022
$23,551.53
Certified mail charges & administrative fees
$250.00
TOTAL
$27,776.53
The County has provided in -kind assistance to the HOA including maintenance of the roadway signs, consistent
with other County maintained roadways, as well as remedying a maintenance issue with a private stormwater
outfall structure. The outfall maintenance in -kind services were valued at $9,049.42.
County staff has coordinated with the County Attorney's Office to determine the County's legal obligations to pay
such assessments and if the County is obligated to pay such late fees and interest. Based on the guidance, it has
been determined that the County's obligation is $1,650, which equates to the past 5 years of annual assessments at
$330 per year.
The HOA has not agreed to accept payment in the amount of $1,650 to resolve this matter, however, staff wishes to
make payment for the assessments from 2018-2022 consistent with the statute of limitations and the County's
obligations for annual assessments. The County has coordinated with the homeowners association to receive the
assessment notice for 2023, which has since been paid.
In April 2024, staff received a reminder notice of delinquent assessments owed to River Oaks from Pegasus
Property Management, agent for River Oaks in the amount of $10,001.30. There was no explanation included in
the correspondence why the difference in the previously demanded amount.
Packet Pg. 369
05/09/2023
FISCAL IMPACT: Funding in the amount of $1,650 is available in the Stormwater Capital Fund (325),
Stormwater Maintenance Program Project (60194). Future HOA assessments will be budgeted for annually within
the Stormwater Capital Fund (325).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: Pursuant to Section 95.11, Florida Statutes, a five (5) year statute of limitations
applies to this claim. The past five years of assessments (2018-2022) totals $1,650, which is the amount the County
is legally liable for paying to the River Oaks HOA at this time. The balance that River Oaks HOA alleges is owed
by the County, which includes interest and fees, is due solely to River Oaks HOA's own failure to provide
statutorily required notices of assessments and late assessments over the past twenty years. Further, the County
does not receive any benefit from the River Oaks HOA for its ownership of Lot 44, which lot is used to access for
maintenance of a weir which helps prevent flooding to this community. While the HOA has not indicated that they
will accept payment of $1,650 as settlement of the matter, it is our understanding that staff wishes to make payment
for the assessments from 2018-2022, which is consistent with the statute of limitations and the County's legal
obligations for annual assessments. With that said, this item is approved as to form and legality and requires a
majority vote for Board approval. -SAA
RECOMMENDATION: To approve the payment of $1,650 to the River Oaks Homeowners' Association for
unpaid assessments for 2018 through 2022 for Lot 44, Block A of Palm River Estates, Unit No. 7, according to the
Plat thereof recorded in Plat Book 12, pages 28 through 30, Public Records of Collier County, Florida.
Prepared By: Beth Johnssen, Director, Capital Project Planning, Impact Fees and Program Management Division.
ATTACHMENT(S)
1. River Oak Demand Letter #1 (PDF)
2. River Oak Management Company Demand (PDF)
Packet Pg. 370
16.A.13
05/09/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 25200
Item Summary: Recommendation to approve the payment of $1,650 to the River Oaks Homeowners' Association
("HOA") for five years of unpaid assessments for Lot 44, Block A of Palm River Estates, Unit No. 7, according to
the Plat thereof recorded in Plat Book 12, pages 28 through 30, Public Records of Collier County, Florida
Meeting Date: 05/09/2023
Prepared by:
Title: Executive Secretary — Operations & Regulatory Management
Name: Jeanne Marcella
04/07/2023 11:04 AM
Submitted by:
Title: Division Director - Capital Proj Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program
Management
Name: Beth Johnssen
04/07/2023 11:04 AM
Approved By:
Review:
Growth Management and Community Development Department Jeanne Marcella
Department
Transportation Management Operations Support Tara Castillo
Growth Management and Community Development Department Gene Shue
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen
Transportation Management Services Department Trinity Scott
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget Christopher Johnson Additional Reviewer
Community & Human Services Maggie Lopez Additional Reviewer
Corporate Compliance and Continuous Improvement Megan Gaillard
County Manager's Office Amy Patterson Level 4 County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Transportation Management Services
Completed 04/07/2023 11:04 AM
Additional Reviewer Completed
04/07/2023 1:29 PM
Additional Reviewer Completed
04/07/2023 2:17 PM
Additional Reviewer Completed
04/10/2023 9:37 AM
Transportation Completed
04/13/2023 4:01 PM
Completed 04/14/2023 7:25 AM
Completed 04/14/2023 8:39 AM
Completed 04/15/2023 11:40 AM
Completed 04/17/2023 11:11 AM
Additional Reviewer Completed
04/23/2023 10:39 AM
Completed 05/03/2023 11:01 AM
05/09/2023 9:00 AM
Packet Pg. 371
16.A.13.a
NOTICE OF INTENT TO RECORD A CLAIM OF LIEN A PROVIDED
UNDER FLORIDA STATUE CHAPTER 720 SECTION 3085 (4)
RE: Lot 44, Block A of Palm River Estates, Unit No. 7, according to the
Plat thereof recorded in Plat Book 12, Pages 28 through 30, Public
Records of Collier County
The following amounts are currently due on your account to River Oaks Homeowner's
Association, Inc. and must be paid within 45 days after your receipt of this letter.
This letter shall serve as the association's notice of intent to record a Claim of Lien
against your property no sooner than 45 days after your receipt of this letter, unless
you pay in full the amounts set forth below:
Assessments due (Annual) 2004 through 2017 14 years @ $175 $ 2,450.00
Assessments due (Annual) 2018 through 2022 5 years @ $330 $ 1,650.00
Late fees, as provided in Florida Statue @ $25 per year for 19 years $ 475.00
Interest from 1 /1 /2004 through projected 12/31 /22 $ 23,551.53
Certified mail charges and administrative charges $ 250.00
[UTAL OWSTANDINk 27,776.53
Late fees is provided for at $25 per each installment as provided by Florida
Statue Chapter 720 Section 3085 (3)(a)
Interest is provided for at 18% annum as provided by Florida Statue Chapter 720
Section 3085 (3)
Packet Pg. 372
16.A.13.b
River Oaks
8840 Terrene Ct. #102
Bonita Springs, FL 34135
Phone: 239-454-8568
Collier County
444 Sharwood Drive
C/O Beth Johnssen, Director
C/O Beth Johnssen, Director
Naples, Florida 34110
Property Address: 444 Sharwood Drive
Account#: 25089
04/21 /23
-- Reminder Notice --
According to our records, you are delinquent in the payment of the Assessments owed to River Oaks , and a late fee has
been assessed. The total due is $ 10001.30.
To avoid further costs and further collection activity, please remit full payment immediately. If you have already made
payment, please contact our office to verify receipt.
Sincerely,
Pegasus Property Management
Agent for River Oaks
239-454-8568
Packet Pg. 373