Agenda 01/27/2026 Item #16K 5 (County Attorney to file a lawsuit on behalf of Collier County Board of County Commissioners against Orchid Cove at Port of the Islands Condominium Association, Inc)1/27/2026
Item # 16.K.5
ID# 2026-148
Executive Summary
Recommendation to authorize the County Attorney to file a lawsuit on behalf of Collier County Board of County
Commissioners against Orchid Cove at Port of the Islands Condominium Association, Inc., to discharge a series of liens
totaling over $800,000.00 recorded with the Clerk of Court for allegedly unpaid assessments (along with related fees and
costs) imposed on two properties comprising of 2.37 acres of residential property, that the County obtained by
escheatment tax deeds in September and October 2022.
OBJECTIVE: To discharge a series of liens recorded by the Orchid Cove HOA against Collier County for allegedly
unpaid assessments on two properties, comprising 2.37 acres of residential property at the Orchid Cove at Port of the
Islands.
CONSIDERATIONS: On September 23, 2022, and October 21, 2022, two properties were obtained within the common
area of Orchid Cove at Port of the Islands by escheatment tax deeds, totaling 2.37 acres. These properties are located
within the North Port Bay Planned Unit Development, Ordinance No. 2000-05, which allows for up to 248 dwelling
units within the 49.96 acres.
The original owner of the property was Bayview Villas, LLC. This owner was responsible for developing and conveying
the units within the community. Over 100 units are constructed in this community. The County received the units that
are the subject of this item through escheatment tax deed due to the failure of Bayview Villas, LLC., to pay taxes on
those units. Bayview Villas, LLC is currently listed as voluntarily dissolved in the Florida Division of Corporations,
indicating an inability to complete any further units and pay any further taxes.
The Orchid Cove at Port of the Islands Condominium Association, Inc (the Association”) is taking the position that the
County, as the new owner of the parcels, is responsible for all unpaid and future assessments. The County, on the other
hand, takes the position that it has sovereign immunity against any such claims. Moreover, liens generally cannot be
filed against any government entities pursuant to Florida Statutes.
It is recommended that the Board authorize the County Attorney to file suit to have the recorded liens discharged.
FISCAL IMPACT: The cost to file and serve a Complaint is approximately $450 and funds are budgeted and available
in Other General Administration Cost Center (103010) within General Fund (0001).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. –RTT
RECOMMENDATION(S): To authorize the County Attorney to file a lawsuit on behalf of Collier County Board of
County Commissioners against the Orchid Cove at Port of the Islands Condominium Association, Inc., in order to
discharge any all liens recorded against the County for unpaid assessments.
PREPARED BY: Jennifer A. Belpedio, Manager Real Property
Ronald T. Tomasko, Assistant County Attorney
ATTACHMENTS:
None
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