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
AUGUST 2017

Florida Arbitrator Rules With An Iron Fist, Poinciana Elections To Elections belong to the people. It's
Be Held On August 1, 2017 their decision. If they decide to turn
their back on the fire and burn their
behinds, then they will just have to
The Association of Poinciana Villages sit on their blisters.
(Association) got a spanking from Florida's De- Abraham Lincoln
partment of Business & Professional Regula-
tion (DBPR) by the Arbitrator's initial order. Elections matter, but how much
(See HACER's July Newsletter) they matter depends entirely on
how free, open and fair they are.
The APV, being a problem child, decided to Elliott Abrams
fight the order and filed for a rehearing.
The harder the conflict, the more
This time the Arbitrator gave the Association a beat down and sent them glorious the triumph.
scampering back to their sanctuary. Probably leading the pack was their attor- Thomas Paine
ney, hurriedly leading the way, with the Association manager hobbling in the
rear and being lead to safety. To win without risk is to triumph
without glory.
The Association's Motion for a Rehearing did indeed cause the initial order to Pierre Corneille
be amended. But, the amended final order was not what the Association ex-
pected. More on that later. It was awesome.
As long as there have been elec-
The Association bravely challenged the Arbitrators ruling, stoutly requesting tions, there have been attempts to
a new hearing, citing that the Arbitrator overlooked, miscalculated, and or keep eligible people from voting.
made a mistake regarding whether the disallowed developer votes actually Adam Cohen
affected the outcome of elections. They also cited that the Arbitrator does not
have jurisdiction to determine the existence of Home development in deter-
mining voting rights. Organising free and fair elections
is more important than the result
The Association admitted to and down played Avatar's inva- itself. Fatos Nano
lid ballots. To the Association it really doesn't matter, be-
cause Avatar still has many votes left over to win any elec- A vote is like a rifle: its useful-
tion, even without the invalid ballots. ness depends upon the character
of the user.
The Association, standing on quicksand and sinking fast, wanted to avoid Theodore Roosevelt
having to hold the ordered elections, presumably to allow Avatar to retain
control over most of the Sub-Villages' boards, as well as the master board of Every election is determined by
the Association. the people who show up.
Larry J. Sabato
If Avatar is challenged on the number of votes it claims it can cast, then the
Developers (Avatar) ability to control the Sub-Villages boards and retain a To know the good from the bad,
majority interest in the Association was at risk. study a man or woman's history of
actions, not their record of inten-
Why is the Association so adamant about defending Avatar? Who is in charge tions.
at the Association? Are the master board directors in charge of the Associa- Suzy Kassem
tion or is Avatar? The Association should be representing and defending the
homeowners.

The Arbitrator was not determining whether or not un-platted lots exist, but
merely and simply ordered that the Association's Registrar establishes how
many homes may be constructed on such land pursuant to applicable law.

Unfortunately for the Association and Avatar,

the honor system is not acceptable. Particu-
larly in light of fact that the Association unlaw-
fully allocated Avatar additional votes for par-
cels that are submerged land, significantly less
acreage than claimed, marshland, and wet-
lands.

(Cont. on page 4)
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 H.A.C.E.R.
IF YOU WANT CHANGE, YOU HAVE TO VOTE FOR CHANGE.
TAKE BACK YOUR COMMUNITY.
Vote on August 1, 2017, 7:00 AM to 7:00 PM

John Juan Perez, Candidate for Director of Village 7 in Poinciana.

I moved to Village 7 in 2011 after retiring from a long 30 year career in law enforcement. I live
with my wonderful wife Zoraida and dear mother of 83 years young. Oh, and let me not forget
my little Yorkie.

I am a candidate for director of Village 7 because the residents should have someone to rep-
resent them. The residents should come first before the special interest groups lurking in our
neighborhood.

The Village 7 board of directors should be run by residents from the community and not by the developer and inves-
tors from as far away as Canada. The developer and investors are large multimillion dollar companies looking to
maximize their profits at the expense of the homeowners.

Our Association of Poinciana Villages Board of Directors should be composed mostly of residents from the commu-
nity. The Board of Directors fiduciary duty is to the homeowners and not to the developer and investors.

I will reach out to the developer and investors to partnership with improving our community.

I will consider the best interest of the residents before any one else.

I advocated for the firehouse currently being constructed in Village 7, this will lower property insurance for all the
homes. Some homeowners insurance is double what it should be because of not having a firehouse nearby. The
homeowners of Village 7 will save millions of dollars, that can be used to support their family needs.

Crime is always a concern and if elected I will advocate for having a Polk County Sheriff's Department substation in
Village 7. We must not let criminals take over our community. Our community belongs to the residents and I will do
whatever it takes to keep our children and elderly safe.

As a member of the Polk County Community Relations Advisory Council, I have and will continue to represent the
residents. The Council currently reports to Polk County Commissioner Todd Dantzler on issues that impact our
community. One of the functions of the Council is the hiring of minorities and women within Polk County govern-
ment. Another function is advocating for government contracts for minority and women businesses. The Council
deals with a wide range of issue and I will continue to represent Poinciana.

I also advocate for political accountability from our elected official. To accomplish this I have arranged for elected
representatives to visit our community to listen to the concerns of the residents. It is not good enough just to have
them in our community during the election cycle looking for votes.

I have also advocated for good relations between law enforcement and the community. To accomplish this, I have
sponsored family fun events in Village 7 community park for 3 year now to promote good will with law enforcement.
This year we held our third festival, inviting Polk and Osceola County Sheriff's offices to positively interact with the
community to foster good relationships. Thank you,
John Juan Perez

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H.A.C.E.R.

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(Cont. from page 1) H.A.C.E.R.
Florida Arbitrator Rules With An Iron Fist, Poinciana Elections To Be Held On August 1, 2017
The Association actually had the audacity not only to acknowledge that it gave Avatar extra
votes, but also scoffs at the Arbitrators order by erroneously alleging that even though the
Association cheated its members during the election, it does not matter because Avatar still
would have won. The nerve of some people, no respect.

This assertion is incorrect, as the issue is not only whether Avatar would have won even with-
out the Association's assistance in cheating during the election but also, whether Avatar would
have been permitted to cast a vote for those questionable lots at all.

In one Sub-Village, Avatar appears to be voting 200 votes for 11.42 submerged acres and 11.40 acres which are zoned
commercial. Clearly, no residential homes can be built on property zoned as commercial, nor may any homes be built
on submerged land.

Also, in many areas, Avatar owns lots that are little strips of land which are unbuildablebut serve a useful scheme.

As a result of this development scheme, Avatar (with the Association's assistance) can have strips of worthless land
throughout the various Villages which is termed as a parcel so the Association can allocate Avatar votes whenever
and wherever the Association wants.

This matter is serious because this case involves a developers (Avatar) collusion with the Association in conspiring to
desperately maintain control Poinciana.

The collusion between the Association and Avatar prevented a full, fair and free expression of the public will.

The Association's blatant and willful disregard for the governing documents in conjunction with its deceitful conspiring
with Avatar, to influence and control the APV and various Sub-Village Associations over the past 40 years rises to the
level of preventing full, fair and free expression of public will.

The Arbitrator explained that DBPR does have jurisdiction to decide on the matter of arbitrary and capricious actions of
the Association's Registrar. Not what the Association wanted to hear.

The Arbitrator sternly explained that it can indeed require that the Association take reasonable actions to be certain that
Avatar is issued the correct number of ballots based upon government records that stipulate exactly how many homes
could be constructed on each parcel of land owned by Avatar.

The Registrar can't just simply take Avatar's word on the number of ballots that it is entitled to. The Reg-
istrar has a fiduciary responsibility to uphold and must exercise due diligence to verify the number of
votes that Avatar can cast. Apparently, the Registrar was either willingly not doing her job, was not al-
lowed to do her job, or didn't know how to do her job.

What was in the final amended order that the Association did not expect?

The Arbitrator's final order admitted that the APV was correct in that the DBPR had no jurisdiction to determine the ex-
istence of Home development in determining voting rights. Therefore, the original order giving Avatar one vote per un-
developed and unplatted parcel was rescinded.

Now the final order stipulates that Avatar must provide definitive proof from relevant government entities on how many
homes it may actually, legally build on the parcel before the Registrar provides any ballots. The one vote per undevel-
oped and unplatted parcel that was in the original order was taken away.

Also, the master board directors and the Association's manager failed to realize the disenfranchising effect of the proce-
dures leading up to the February 2017 election.

The Association allowed the diluting of the homeowners voting strength by drowning their votes with Avatar's exces-
sive number of unverified votes. The process used produced vote dilution through submergence.

This process of vote dilution through submergence has been used in regular political elections and has led to discrim-
ination against minorities. While there may or may not be provable intent to discriminate, the dilution tends to have a
discriminatory effect

Poinciana has a very large Hispanic population. Could there be a civil rights case against the Association? That may be
a story for another day.

The Arbitrator doubles down on the requirements for new elections in Poinciana.
The elections will be held on August 1, 2017.

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 H.A.C.E.R.
POINCIANA CANDIDATES FOR VILLAGE ELECTIONS.
Below are the know candidates as of the publishing of this newsletter.
The number of candidates shown per village is also the number of seats open in each village.
You can vote for all the candidates shown for your village.
Village 1

Village 2

Village 3

(Cont. on page 6)

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 H.A.C.E.R.
CANDIDATES FOR POINCIANA VILLAGE ELECTIONS.
Below are the know candidates as of the publishing of this newsletter.
The number of candidates shown per village is also the number of seats open in each village.
You can vote for all the candidates shown for your village.

Village 5

Village 7

Village 8

PAGE 6