Do you currently or did you previously own a home in Kings Gate and paid (or must pay) Club Fees under the Kings Gate community’s Master Declaration since June 2021?
You Could Be Part of a Class Action Lawsuit.
Your rights may be affected by a class action lawsuit pending in this Court. Judge Russell T. Kirshy of the Circuit Court of the Twentieth Judicial Circuit in and for Charlotte County, Florida Civil Division is overseeing this lawsuit called Spradlin vs. Victoria Estates, No. 25000728CA.
Plaintiffs John W. Spradlin, Jr.; Janice L. Thompson; Frank G. Bednaz, and Cheryl A. O'Donnell (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 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. The purpose of the Notice is to inform you of this class action lawsuit and your legal rights and options.
CLASS ACTION RULING
The Court decided that this lawsuit can continue as a class action. This means that not only can the Plaintiff individually pursue their claims, but can also do so on behalf of a Class.
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.
In the lawsuit, Plaintiffs and Class Counsel are asking for a determination that Victoria Estates must stop charging mandatory club fees under the Master Declaration and for the club fees (including sales tax) that they collected to be refunded plus interest.
The Court named Plaintiffs, as representatives of the whole Class, and their attorneys, J. Daniel Clark of Clark & Martino, P.A.; John Marc Tamayo of Campbell Trohn Tamayo & Aranda; and Scott K. Petersen of The Law Office of Scott K. Petersen, PLL, as counsel for the Class (also called “Class Counsel”).
This ruling by the Court does not mean that any money or benefits will be obtained. These are still contested issues that have not been decided. Rather, the ruling means that the final outcome of this lawsuit—whether favorable to Plaintiff or Defendants—will apply to every Class Member, except for those who choose to exclude themselves from the Class.
ELECTION BY CLASS MEMBERS
If you fit the above description of a class member, you have a choice whether to remain a class member in this lawsuit or opt out of the damages class. Either choice will have consequences, which you should fully understand before making your decision.
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REMAIN A MEMBER OF THE CLASS |
If you want to stay in the Damages Class, you do not have to do anything at this time. 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 money or benefits are obtained, you will be notified. |
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OPT OUT OF THE CLASS |
Friday, July 3, 2026 If you do not want to stay in the Damages Class and want to keep your right to sue the Defendants about the claims in this lawsuit, then you must take steps to remove yourself from the Class. This is called excluding yourself, or “opting out” of the Class. If you exclude yourself, you cannot get any payment from future settlements or judgments in this lawsuit, but you will not be legally bound by the Court orders in this lawsuit, although you may be bound by any declaratory or injunctive relief ordered. You can exclude yourself from the Damages Class by sending a written “Request to Opt Out. Must be postmarked no later than July 3, 2026. |
Friday, July 03, 2026
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FURTHER PROCEEDINGS
If the case is not dismissed or settled, the Plaintiffs will have to prove their claims at a trial. During the trial, a jury and/or judge will hear evidence and decide whether the Plaintiffs or Defendants are right about the claims in the lawsuit. Because of the pre-trial proceedings that must be completed, the trial in this lawsuit may not occur until the Court’s trial period beginning November 16-December 11, 2026.
If you have evidence you believe would be helpful to establish the Class claims, you may contact Class Counsel. You may be asked by any of the parties to provide information relevant to the case.