WWW.FACEBOOK.COM/HACER.CLUB.

LLC

H.A.C.E.R.
Hispanic - American Cultural, Educational and Recreational Club
John Perez, President of HACER.
HACER.CLUB.LLC@GMAIL.COM
May 2017

One of the more challenging things

in life is not being the guy who
does the cheating, but not saying
Poinciana resident Martin Negron filed a complaint on behalf of Poinciana resid- anything about it and going along
dents with the states Department of Business and Professional Regulations with it.
(DBPR) asking for the result of the last Association of Poinciana Villages (APV)
But human nature dictates that
board elections be nullified because of the number of votes that developer Avatar, there will always be cheaters. That's
also known as AV Homes, cast for its own members. inevitable. Where there's money
involved and glory, there are going
Among the items in the complain, it states that Avatar cast thousands of votes that to be people that cheat, and there
it does not have and the APV allowed it. The complaint states, This has resulted will always be ways to cheat.
in Avatar improperly regaining control over the APV by using its illegal block votes
A liar deceives himself more than
to place board members owing allegiance to Avatar in the majority of the individual anyone, for he believes he can re-
Village Boards. The complaint alleges that, These Avatar-majority boards then main a person of good character
choose a loyal board member to the Master Board. when he cannot.

The attorney for the APV, just like in every other complaint, has asked that the
complaint be dismissed.
If you are stupid enough to cheat,
On April 27, 2017, the DBPR held a telephonic case management conference then definitely dumb enough to get
caught.
where both parties were represented by counsel. On April 28, 2017, the arbitrator
issued an order denying the APVs motion to dismiss. The arbitrator gave the par- Where cheating is, there's mischief
ties until June 6, 2017, to file answers. And so the fight continues. there.

ALLEGED VOTE CHEATING BY Tricks and treachery are the prac-

tice of fools, that don't have brains
ASSOCIATION OF POINCIANA VILLAGES enough to be honest.

It is alleged that during the February 2017 APV vote count that the There is something wrong with
home owners association allowed the developer, AV Homes, to your character is opportunity con-
trols your loyalty.
cast more votes (block votes) then what they were entitled to.
One lie is enough to question all
During the vote count an unknown observer accused the APV of truths.
cheating.
Cheating is a choice, not a mistake.
During the elections the voting homeowners were instructed to only vote for the
Cheating and lying aren't struggles
number of open seats from among the listed candidates. For example, if a village
in a business, theyre just reasons
had 5 candidates and only 3 open seats then you can only vote for 3 candidates. to gain more money.
Voting for more candidates then the number of seats available would void the ballot.
The voters were carefully instructed to follow the directions.

The attached video shows that during the vote count an unknown voters ballot had
been counted and later voided because the voter didnt follow instructions. During
the voiding the attorney was present and aware of the situation and he let it stand.
The ballot was stamped as voided and the initially counted votes were then subtract-
ed from the running count.

During the voiding process the APV manager, Mark Maldonado, could be seen pac-
ing back and forth. He appeared to be in heavy thought process because of the
voiding of the block votes. After a few seconds you can see Maldonado slithering
over to the attorneys pit for a short conference. (Continued on page 3)
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 H.A.C.E.R.
Puerto Ricans perceived as U.S. citizens living in a Caribbean nation possessing an otherness
that does not fit into the U.S. national fabricnot in these recalcitrant Trump times.

There was a time in Puerto Rico back in the early 1970s, in the days of our Lord before cable,
when popular shows trending on stateside television were broadcast months late in Spanish with
English audio available on radio station WBMJ. Hit shows Police Woman and Kojak were
shown on local TVin dual languagewith English audio coming over radio. This way Angie
Dickinson and Telly Savalas came to you in the original language they were speaking, rather than
the voices of local actors who took on the personalities of their stateside counterparts.

It is not the same to read Ernest Hemingway in Spanish or el Gabo en inglsno es lo mismo. The same applies to our transla-
tions coming from forked tongues on Capitol Hill interpreting the Puerto Rico status issuewe need the true interpretation.

The most recent affront to Puerto Rico came in the form of a missive from U.S. Deputy Attorney General Dana Boente, who in no
uncertain terms informed Gov. Ricardo Rossell that he should include the current commonwealth status option with the other
two alternativesstatehood and independenceon the June 11 ballot.

Rightfully, Gov. Rossell took exception to the letter because it forced his administration to include the very same status quothe
territorial optionthat the plebiscite seeks to change. Justices stance betrays ill intent toward the process.

It would seem that the Trump administration has no interest in seeing Puerto Rico become a state of the UnionExhibit
A is Boentes letter sent just two months prior to the referendum. Call it a screwball at the top of the ninth inning, a pitch that was
fouled by the Rossell administration because the Immediate Decolonization Act, the law enabling the plebiscite, was amended
to include an option called territorial, rather than including the Estado Libre Asociadothen no one would complain.

Instead, the pro-statehood New Progressive Party opened the door for the pro-commonwealth Popular Democratic Party to boy-
cott the process. They are joining the pro-independence Puerto Rican Independence Party in shunning the event.

Former three-term New York Gov. George Pataki, who supports Puerto Rico statehood and owns a home in Puerto Rico, said
that Attorney General Jeff Sessions erred in meddling with the law enabling the plebiscite at this critical juncture. Pataki sees the
boycott of the status contest as a misguided strategy that runs contrary to democracy. For him, it is not something that
is done in the United States, but rather in Third World countries. (Continued on page 4)

Avatar Shenanigans Not Just Limited To Poincianas Home Owners Association

Solivita Now in the Game.

The so called pristine and gated world of Solivita is being poisoned by

Avatar, aka AV Homes, and the outside world. Solivita, being in their own
little world, could have cared less about Poincianas residents grief with the
home owners association and Avatar.

Now that Avatar has shown their talons of greed in Solivita, they are paying
attention.

Solivita residents have filed a lawsuit against the State of Florida because of Avatar.

The residents in Solivita are lucky to have their own clubs, swimming pools, restaurants and other amenities - closed to the outside
world.

Avatar owns those amenities and has decided to sell them to a private outside entity. Now Solivita residents fear that an outside
entity may open the private facilities to the general public outside their walls and tarnish their walled community.

Because of those fears Avatar has agreed to sell to Solivita residents through the Solivita CDD.

Florida law allows for the establishment of Community Development Districts to fund infrastructure needs and neighborhood ameni-
ties. A CDD has the authority to issue tax exempt bonds at favorable rates and spend the proceeds on developing and improving a
neighborhood infrastructure. (Continued on page 6)

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(Continued from page 1)

ALLEGED VOTE CHEATING BY ASSOCIATION OF POINCINA VILLAGES

After the short conference with Maldonado the attorney returns to the vote counting table and allows the voided ballot to stand
and the votes counted. Maldonado then directs the vote counter to apply the votes. This was the same ballot that the attorney
had allowed to be voided before Maldonado spoke with him.

At this point the observers in the room expressed their displeasure with what had taken place and Maldonado asked them to
please follow the rules. One observer can be heard asking Maldonado why dont you follow the rules. Things like this can
drive you to drink.

See the video below.

Pennsylvania Aims To Smash US Embargo On Cuban Rum

HARRISBURG, Pa. Pennsylvanias Cuban rum run got its start in a chance meeting last fall in the park-
ing lot in front of the state Capitol.

You know, we have rum,' a visiting Cuban government liaison told state Sen. Chuck McIlhinney, who was
walking to his car when he was introduced to her as the senator whose committee oversees how alcohol is
sold in Pennsylvania. And Im like, Yeah, we should buy some.'

A few months later, the agency that controls Pennsylvanias 600-plus state-owned wine and liquor stores is working to lift the Unit-
ed States 55-year-old embargo on Cuban rum, one of the island nations best-known products.

A purchase of Cuban rum by the sixth-most populous state would be, by all accounts, the biggest shipment of Cuban rum to the
U.S. since John F. Kennedy was president, and could pave the way for the nations private spirits wholesalers to follow suit.

The embargo is on virtually all imports from and exports to Cuba, including rum. If Pennsylvania is successful, it would be the first
import of a product produced entirely by the Communist state. The administration of former President Barack Obama allowed im-
ports of charcoal produced by worker-owned cooperatives.

In recent days, the Pennsylvania Liquor Control Board submitted the initial paperwork to begin the application process, an agency
spokeswoman said, and is now working to provide additional documentation required by the federal government.

Theres reason for hope.

The Department of State will want to review the application and the assets control office is both short-handed and overwhelmed
with interest in applications involving Cuban commerce.

The process will be inevitably political, McIlhinney said, and state officials are working to get Pennsylvanias congressional delega-
tion on board to advance the cause.

Folks, this is not a national security risk. Its not like were sending computer technology or missiles or something. Were talking
about buying a rum.

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(Continued from page 2)

Puerto Rican perceived as U.S. citizens living in a Caribbean nation possessing an otherness
that does not fit into the U.S. national fabricnot in these recalcitrant Trump times.

Some, who have seen the congressional subterfuge and inaction regarding contests past, would beg to differ with him.

Former two-term Gov. Pedro Rossell, who held two status referendums in 1993 and 1998, said that he came to the reali-
zation that Congress also spoke in dual languagethey spoke in favor of statehood on the Hill but when it came time to
act, resolutions on the floor were all that was obtained.

The patriarch Rossell made his assertions in 2002 during an interview that we held in Washington, D.C., which set off a pilgrim-
age of people visiting the former governor to beg his return to Puerto Rico politics for the sake of statehood. The interview, which
ran on the AOL website of San Juan Magazine, had to be translated from English to Spanish because many of the statehood sup-
porters who followed Rossell were not completely fluent in English.

The translation points to a truth that underpins the whole status issuewe are perceived as U.S. citizens living in a Caribbean
nation possessing an otherness that does not fit into the U.S. national fabricnot in these recalcitrant Trump times.

$500 To All Students Enrolling In The New Valencias Poinciana Campus

The $500 scholarship is extended to all students who enroll in the fall semester.

The Poinciana campus will be situated on the intersection of Pleasant Hill and Reeves Road.

The Poinciana campus will sit on 19 acres of land that has been donated by Osceola County.

The Poinciana campus will first feature a 65,000 square-foot three-story building. This building
will include classrooms, two computer labs, science labs, student services, food service areas,
learning areas, multi-purpose rooms and administrative offices.

The Poinciana campus has been in construction for about two years now.

The budget for the construction is $25 million dollars.

It is expected that the Poinciana campus will serve approximately 2,500 degree-seeking students as well as a 1,000 students who
seek job training.

Valencia College officials say the Poinciana campus will be an easier alternative for students who live in Poinciana and go to the
Osceola Campus, which takes about a 45 minute commute by car and a two hour commute by public bus.

With the Poinciana campus, it is expected for students in the area to have around a 15 minute commute.

A campus in Poinciana would be a game-changer, said Sandy Shugart in a statement, who is the Valencia College president.
The goal is to increase the college-going rate of students who graduate from high school in the Poinciana area.

In the Poinciana area there are two high schools, Poinciana and Liberty. It is projected that students from these two high schools
are less likely to go to college compared to other students in Central Florida.

The Poinciana campus will definitely change these statistics.

The Poinciana campus will also make it easier for students to partake in the Direct Connect to UCF program. The Direct Connect
to UCF program allows students to attend Valencia College for two years and transfer over to the University of Central Florida af-
terwards.

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What Is MRTA As It Relates To The Association of Poinciana Villages
According to the lawsuit filed by homeowners, the Association of Poinciana Villages (APV) failed to
renew their covenants and restriction and therefore lost their legal authority to collect assess-
ments and enforce the covenants and restrictions.
Under current Florida law, there is a trap that can result in the expiration of the covenants
for the community. Under the Marketable Record Title Act, Chapter 712 of Florida Stat-
utes (MRTA), residential homeowners associations are required to preserve the integrity
of the declaration (of covenants and restrictions) for the entire community to retain the
status of the declaration as the source of marketable title with regard to the transfer of a members residence. Florida law requires
that this process be undertaken at least once every thirty (30) years. The failure to take such action prior to the expiration of the
thirty (30) year time will result in the expiration of the covenants, which can then be reinstated only with a vote of the homeowners.
While MRTA is relatively complicated, in simple terms, the key date to be aware of is the date the declaration of covenants is rec-
orded in the public records of the county where the property is located. In order to ensure that the integrity of the declaration is
retained, which allows the board to continue to strictly and uniformly enforce all provisions therein, including the collection of as-
sessments, it is necessary to take the required steps to preserve the declaration within thirty (30) years of the date of its original
recording.
If undertaken before the expiration, the board must hold a properly noticed board meeting, which notice references that the pur-
pose of the meeting is to address the Statement of Marketable Title Action. Written notice of the meeting must be provided to all
owners at least seven (7) days in advance of the meeting date and at the meeting, at least two-thirds (2/3) of the members of the
board must vote to approve the recording of the Statement of Marketable Title Action, which will then serve to retain the status of
the declaration as the source of marketable title, and renew it for another thirty (30) year period from the date that Statement is
recorded in the public records.
It is also important to be aware that even if the residential homeowners association community amended its declaration in part, or
completely, during the thirty (30) years following the initial recording, this will NOT extend the life of the declaration and the act to
preserve the declaration should still be undertaken within thirty (30) years of the date of the original recording of the declaration.
Should the thirty (30) years pass without the proper preservation process being undertaken and recorded, the association risks the
likelihood of the declaration has expired. Should that occur, there is a process available under Chapter 720 of Florida Statutes to
reinstate the declaration. This process is much more involved and costly to the community, and requires a vote of the homeown-
ers in order to reinstate the declaration, and an approval of the documents by the Florida Department of Financial Affairs in Talla-
hassee.
In order for the APV to revive the declarations a majority of the affected parcel owners must agree in writing by a vote at a meeting
of the affected parcel owners. Affectively giving control to the homeowners as to whether they want to return to an HOA. But not
to worry, someone always has a trick up their sleeves. The task is finding who is wearing that sleeve. (The sleeve may belong to
Senator Kathleen Passidomo.)

Senator Kathleen Passidomo Senate Bill May Screw Poinciana

Who is Senator Kathleen Passidomo?

Kathleen C. Passidomo is a Republican member of the Florida State Senate, representing District 28. With a district office in Na-
ples, Florida, Lee County. She was first elected to the chamber in 2016.
Passidomo served in the Florida House of Representatives, representing District 106 from 2010 to 2016.
Passidomo earned her B.A. from Trinity College and her J.D. from Stetson University. Her professional experi-
ence includes working as an attorney at the firm of Kelly, Passidomo & Alba, LLP, focusing on corporate, banking
and real estate law.
On January 10 2017, Senator Kathleen Passidom sponsored Senate Bill 318 Relating to Covenants and Re-
strictions of Property Owners Associations (2017 Session). The bill takes control away from the homeowners
and gives it to the homeowners association, developers, and investors to revive the declarations. The bill is
even retroactive. How nice of her to advocate for the special interest groups.
Resident Donna Simpson says the following on her Welcome to Poinciana Legal Battles Face Book page; I am begging you
please read all three documents that is now in Rules Committee, you must, as a homeowner, write each and every one of these
people, tell them not to pass this bill due to its current language. It gives the Board of Directories unilateral ability to renew the
CC&Rs without your permission, without notice, without a meeting, without you as a Property Owner. We must stop this bill from
passing, for once for God sakes do something to protect yourself and your property rights.

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(Continued from page 2)

Avatar Shenanigans Not Just Limited To Poincianas Home Owners Association

Solivita Now in the Game.

In addition to basic needs, some communities build amenities such as parks, club houses, swimming pools, tennis courts, trails, golf
courses, security gates, etc. The cost of construction is covered by the initial CDD bond. CDD bonds are repaid through an annual
property tax assessment divided amongst the residents of a community, usually over a 20-30 year period.

Solivitas CDDs is governed by a Board of Directors, many of whom have allegedly been originally appointed by Avatar and received
legal advice from an attorney originally appointed by Avatar.

Avatars sale price was around $102 million, and the homeowners would pay for it through a 30 year bond. A large number of home-
owners feal that the price is too high and requested an independent appraisal before a contract is signed.

They appealed to the CDD Board for an independent appraisal but under attorneys advice the CDD Board committed to the sale at
Avatars price. An anonymous source states that an independent appraisal was done and the appraisal is closer to $20 million.
Many Solivita residents feel that what has been done to Poinciana is now being done to them, Avatars use of their control or influ-
ence over the CDD Board to enrich themselves on the back of the homeowners.

Now Solivita understands the dilemma of the residents of Poinciana, thanks to Avatar.

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