You have been identified as possibly being an individual who currently owns or previously owned a home in Kings Gate, anytime since June 9, 2021, and must pay or paid club membership fees under the King’s Gate community’s Master Declaration, your legal rights may be affected. There are no money or benefits available now and no guarantee there will be. There will ultimately be a disposition of the claims and defenses raised by Plaintiffs and Defendants in this lawsuit. The purpose of the notice is to inform you of this class action lawsuit and your legal rights and options.

The Plaintiffs or Class Representatives or the individuals bringing this lawsuit, claim the Victoria Estates, Ltd. (“Victoria Estates”) and Benderson-Victoria, L.C. (“Defendants”) violated Florida Statutes by imposing and mandating homeowners in the Kings Gate community to pay club fees to Victoria Estates as assessments under the Kings Gate community Master Declaration. Defendants deny these claims and that they did anything wrong. The Kings Gate Homeowners Association, Inc. (“Kings Gate HOA”) has been added as an indispensable party and Defendant in this lawsuit because the Kings Gate HOA is required to collect homeowners’ payment of club fees to Victoria Estates under the Master Declaration. The Court decided that this lawsuit should be a class action on behalf of a “Class” or groups of people.

The Court decided that this lawsuit should be a class action on behalf of a “Class” or groups of people that could include you. The Court has not decided who is right. Because you were identified as possibly being an individual who currently owns or previously owned a home in Kings Gate, anytime since June 9, 2021, and must pay or paid club membership fees under the Kings Gate community’s Master Declaration, your legal rights may be affected.

There is no money or benefits available now and no guarantee there will be. There will ultimately be a disposition of the claims and defenses raised by Plaintiffs and Defendants in this lawsuit.

You are included in the class in this lawsuit if you are part of the Kings Gate Injunctive Relief Class and/or the Kings Gate Damages Class. 

The Kings Gate Injunctive relief class includes people who currently own a home in Kings Gate and must pay Club Fees under the Kings Gate community's Master Declaration. 

The Kings Gate Damages Class includes people who currently own, or previously owned a home in Kings Gate, beginning June 9, 2021 through the present, and paid Club Fees under the Kings Gate community’s Master Declaration. Together, these groups are the Class.

The Kings Gate Injunctive Relief Class and the Kings Gate Damages Class is referred to collectively as the "Class."

Victoria Estates is the developer of a residential community known as "Kings Gate," which is an age 55 and older gated community located in Port Charlotte, Charlotte County, Florida.

If you want to stay in the Damages Class, you do not have to do anything at this time. You should NOT submit a “Request to Opt Out.” If you remain a Damages Class Member, you will not be able to sue the Defendants on your own for the claims in this lawsuit. If you do nothing before the opt-out deadline, July 2, 2026, you will remain a Class Member and you will be legally bound by the Court orders in this lawsuit. If money or benefits are obtained, you will be notified.

You can exclude yourself from the Damages Class by sending a written “Request to Opt Out” to Kings Gate Class Action, EXCLUSIONS, c/o A.B. Data, Ltd., P.O. Box 173001, Milwaukee, WI 53217 by mail, postmarked no later than July 2, 2026. Your written request must include:

•    Your name, address of your property or properties (if different than your mailing address), and telephone number;
•    A statement that you want to opt out of the lawsuit;
•    The case name and number: Spradlin vs. Victoria Estates, No. 25000728CA;
•    A statement that you currently own or previously owned a home in Kings Gate, anytime since June 9, 2021, and must pay or paid club fees under the Kings Gate community’s Master Declaration; and
•    Your signature.

Any questions you have concerning the matters contained in the notice, including any corrections or changes of name and/or address, should NOT be directed to the Court, please contact the Class Action Administrator:

KINGS GATE CLASS ACTION
C/O A.B. DATA, LTD.
P.O. BOX 173005
MILWAUKEE, WI 53217

Email: info@KingsGateClassAction.com 
Toll-Free Telephone: 1-866-830-1451

If you decide to remain a Class Member and want to contact Class Counsel as your attorneys in this lawsuit, you may contact lead Class Counsel as follows:

J. Daniel Clark, Esq.
Clark, P.A.
3407 W. Kennedy Blvd.
Tampa, FL 33609
(813) 879-0700

You may hire your own attorney to represent you if you desire, at your own expense. The pleadings and other records in this lawsuit may be examined and copied at any time during regular business hours at the Office of the Clerk: Charlotte County Clerk of Circuit Court, 350 E. Marion Avenue, Punta Gorda, Florida 33950. Please do not contact the Court or the Circuit Clerk’s Office about the information in this Notice.