Harmony Development Statements That Constitute Broken Promises

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Geo

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Mar 5, 2006, 3:06:02 PM3/5/06
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The following excerpt from the 2004 & 2005 Florida Statutes explains
why Starwood Capital Group (owner of Harmony Development Company AKA
Birchwood Acres) is liable for the representations made about the new
development of Harmony, FL (Harmony, Florida, USA). These statements
made over the course of several years by Harmony Development Company
constitute, by law, the equivalent of written promises to current and
future residents of Harmony.


"720.402 Publication of false and misleading information.--

(1) Any person who, in reasonable reliance upon any material
statement or information that is false or misleading and published by
or under authority from the developer in advertising and promotional
materials, including, but not limited to, a contract of purchase, the
declaration of covenants, exhibits to a declaration of covenants,
brochures, and newspaper advertising, pays anything of value toward
the purchase of a parcel in a community located in this state has a
cause of action to rescind the contract or collect damages from the
developer for his or her loss before the closing of the transaction.
After the closing of the transaction, the purchaser has a cause of
action against the developer for damages under this section ..."


The following are Harmony Development statements about the amenities
in Harmony that are documented (in electronic or printed brochures).
The physical documentation is in the possession of various Harmony
residents.


Amenity Form of Publication Publication Date
-------------- ---------------------------------- ----------------

"Ball Fields"

Website ("The Parks and Amenities") Jul. 2003
http://harmonyfl.com/comm/pna.asp

Website ("Community Amenities") Feb. 2004
http://harmonyfl.com/comm/amenities.asp

Website ("Community Amenities") Oct. 2004
http://harmonyfl.com/comm/amenities.asp

Website ("Parks and Recreation") Feb. 2004
http://harmonyfl.com/comm/parksRec.asp

Website ("Parks and Recreation") Oct. 2004
http://harmonyfl.com/comm/parksRec.asp

Printed Brochure Aug. 2004 or prior
(11 1/2" x 16", Copyright 2002)


[No ball fields exist in Harmony.]


"Organized Field Sports"

Website ("Community Amenities") Feb. 2004
http://harmonyfl.com/comm/amenities.asp

Website ("Community Amenities") Oct. 2004
http://harmonyfl.com/comm/amenities.asp


[No organized field sports exist in Harmony.]


"Sports Fields"

Website ("Community Design") Feb. 2004
http://harmonyfl.com/comm/commDesign.asp

Website ("Community Design") Oct. 2004
http://harmonyfl.com/comm/commDesign.asp

Website ("Community Design") Feb. 2006
http://harmonyfl.com/comm/commDesign.asp


[No sports fields exist in Harmony.]


Amenity Form of Publication Publication Date
-------------- ---------------------------------- ----------------

"Businesses in Town Square"

Digital Video File (on CD) Jan. 2005
Community_website_VCD_NTSC.mpg (@50%)

Online Streaming Video Feb. 2006
Harmony Community (@50%)
http://www.harmonyfl.com/video/vid_comm_low.asp

"Convenience is also a big part of the Harmony lifestyle with
Harmony Square. Here you'll find an old fashioned town center
where very soon a number of retail shops and a new commercial
district will serve the everyday needs of new homeowners.
Plans also call for a brand new supermarket, a bakery and an
ice-cream parlor."


[The term "very soon" implies months rather than years to see
the start of new development in the town square. This video
was created on or before 1/3/2005. As of 2/23/2006, not the
slightest hint of new development has appeared in the town
square since the video was made.]


Amenity Form of Publication Publication Date
-------------- ---------------------------------- ----------------

"Camping"

Website ("The Parks and Amenities") Jul. 2003
http://harmonyfl.com/comm/pna.asp

Website ("Community Amenities") Feb. 2004
http://harmonyfl.com/comm/amenities.asp

Website ("Community Amenities") Oct. 2004
http://harmonyfl.com/comm/amenities.asp

Website ("Parks and Recreation") Feb. 2004
http://harmonyfl.com/comm/parksRec.asp

Website ("Parks and Recreation") Oct. 2004
http://harmonyfl.com/comm/parksRec.asp

Printed Brochure Mar. 2005 or prior
(6 3/8" x 9", includes CD)


"Campsites"

Website ("Community Design") Feb. 2004
http://harmonyfl.com/comm/commDesign.asp

Website ("Community Design") Oct. 2004
http://harmonyfl.com/comm/commDesign.asp

Website ("Community Design") Feb. 2006
http://harmonyfl.com/comm/commDesign.asp


[No designated camping areas or equipped campsites exist in
Harmony.]


Amenity Form of Publication Publication Date
-------------- ---------------------------------- ----------------

"Equestrian Club"

Website ("Community Design") Feb. 2004
http://harmonyfl.com/comm/commDesign.asp

Website ("Community Design") Oct. 2004
http://harmonyfl.com/comm/commDesign.asp

Website ("Community Design") Feb. 2006
http://harmonyfl.com/comm/commDesign.asp


"Equestrian Facility"

Website ("Parks and Recreation") Feb. 2004
http://harmonyfl.com/comm/parksRec.asp

Website ("Parks and Recreation") Oct. 2004
http://harmonyfl.com/comm/parksRec.asp


[No equestrian club or equestrian facility exists in Harmony.]


"Horseback Riding"

Website ("The Parks and Amenities") Jul. 2003
http://harmonyfl.com/comm/pna.asp

Website ("Community Amenities") Feb. 2004
http://harmonyfl.com/comm/amenities.asp

Website ("Community Amenities") Oct. 2004
http://harmonyfl.com/comm/amenities.asp

Website ("Parks and Recreation") Feb. 2004
http://harmonyfl.com/comm/parksRec.asp

Website ("Parks and Recreation") Oct. 2004
http://harmonyfl.com/comm/parksRec.asp

Printed Brochure Mar. 2005 or prior
(6 3/8" x 9", includes CD)


[No community organized, community sponsored or community
sanctioned horseback riding exists in Harmony.]


"Horse Riding Stables"

VHS Video Tape Nov. 2003 or prior

Digital Video File (on CD) Dec. 2003
HAR_0003.MPG (@80%)

"Here in Harmony future plans call for some wonderful stables
to be built offering tremendous riding opportunities."


Digital Video File (on CD) Dec. 2003
COM_0001.MPG (@15%)

Online Streaming Video Feb. 2006
Harmony Community (@15%)
http://www.harmonyfl.com/video/vid_comm_low.asp

"People live better when they coexist with nature and animals.
[Martha Lentz is shown with a horse on what appears to be
Harmony property.]"


[This implies that horses are welcome in Harmony. This is no
longer the case.]


Digital Video File (on CD) Jan. 2005
Nature_website_VCD_NTSC.mpg (@75%)

Online Streaming Video Feb. 2006
Harmony Nature (@75%)
http://www.harmonyfl.com/video/vid_nature_low.asp

"Harmony's fantastic riding stables have just been completed
so new residents can now enjoy a day's ride on one of these
noble steeds. [shows a 'Welcome to Spirit Stables' sign]"


[No stables exist in Harmony.]


Amenity Form of Publication Publication Date
-------------- ---------------------------------- ----------------

"Farmer's Market"

Website ("The Parks and Amenities") Jul. 2003
http://harmonyfl.com/comm/pna.asp

VHS Video Tape Nov. 2003 or prior

Digital Video File (on CD) Dec. 2003
HAR_0003.MPG (@85%)

"It seems the list of amenities is never ending with things
like an open air farmer's market. [shows narrator behind
a row of veggies tossing a tomato]"


[No farmer's market exists in Harmony. Occasionally we have
access to a produce stand, and this only since Oct. 2005.]


Amenity Form of Publication Publication Date
-------------- ---------------------------------- ----------------

"Great Education"

Digital Video File (on CD) Dec. 2003
COM_0001.MPG (@90%)

Online Streaming Video Feb. 2006
Harmony Community (@90%)
http://www.harmonyfl.com/video/vid_comm_low.asp

"And for your children, the lifestyle in Harmony also includes
a great education. A brand new charter school is within
walking distance from your new home ..."


"Outstanding Charter School"

VHS Video Tape Nov. 2003 or prior

"This outstanding charter school will eventually serve
children through the 8th grade."


Website ("The Schools") Jun. 2004
http://www.harmonyfl.com/schools.asp

Website ("The Schools") Feb. 2005
http://www.harmonyfl.com/schools.asp

"... this outstanding charter school will eventually become
K-8."


[All of this implies that an "Outstanding Charter School" was
and currently is available in Harmony. However, the limited
testing completed by 2004 suggested a "C" quality school at
best (compared to its current level of "B"). And this is with
limited or no offerings in art, music or athletics, no science

labs, no gymnasium, no gifted program and little or no
extracurricular activities. Likewise, the new Harmony High is
a "C" quality school.

So by no rational measure would either school currently in
Harmony (or ever in the past) be described as "great" or
"outstanding".]


Amenity Form of Publication Publication Date
-------------- ---------------------------------- ----------------

"Kayaks"

Website ("Parks and Recreation") Feb. 2004
http://harmonyfl.com/comm/parksRec.asp

Website ("Parks and Recreation") Oct. 2004
http://harmonyfl.com/comm/parksRec.asp


[No community owned kayaks exist in Harmony.]


"Launch Area for Sailboats"

Website ("Parks and Recreation") Feb. 2004
http://harmonyfl.com/comm/parksRec.asp

Website ("Parks and Recreation") Oct. 2004
http://harmonyfl.com/comm/parksRec.asp


[No launch area has been designated for boats other than the
dock which is behind a gate. The gate is impassible by drop
off vehicles or boat trailers.]


"Sailing"

Digital Video File (on CD) Dec. 2003
NAT_0008.MPG (@25%)

Online Streaming Video Feb. 2006
Harmony Nature (@25%)
http://www.harmonyfl.com/video/vid_nature_low.asp

"Two unspoiled natural lakes also add to the awesome views at
Harmony. They've been here for more than 4000 years and offer
tremendous opportunities for fishing or sailing."


[The Harmony sail boat as well as the other boats are
difficult to use (ie. the "dockmaster" is either not on-site
or has been observed using the boats when residents were in
need of them). Also, there is no practical way to launch any
other boats (see above).]


Amenity Form of Publication Publication Date
-------------- ---------------------------------- ----------------

"Open Access"

Website ("Press, News and Events") Jun. 2003
http://www.harmonyfl.com/pn/pressR/pRel_awardWinningTown.asp

"While it's all available for use by Harmony's residents, more
than 6,000 acres will be preserved in its original state."


Printed Brochure Aug. 2004 or prior
(11 1/2" x 16", Copyright 2002)

"Over 6,000 acres of this will remain pristine Central Florida
wilderness. The greatest value of these massive natural
preserves is not only having access to appreciate and enjoy
them now, but realizing that the wildlife these large
sanctuaries support will be sustained well after the community

is completed for the ongoing enjoyment of future generations."

"Think of the many things that could become daily activities
with over 6,000 acres of natural, unspoiled beauty ready to
explore and experience within walking distance. Harmony is
truly a rare find - a healthy and spiritually uplifting
environment that will be treasured for generations to come.
Lakes, woods, and parks, for the enjoyment of Harmony's human
and animal residents, will provide access to some of Harmony's

deepest treasures."


Website ("Community Amenities") Feb. 2004
http://harmonyfl.com/comm/amenities.asp

Website ("Community Amenities") Oct. 2004
http://harmonyfl.com/comm/amenities.asp

"Roughly 7,700 acres of Harmony's 11,000 acres will remain as
open space devoted to woods, wetlands, lakes, parks and
recreation available to residents."


[As of Feb 2006, most of the 7,700 acres are restricted (locks
and gates) with little or no access for most residents.]


Amenity Form of Publication Publication Date
-------------- ---------------------------------- ----------------

"Clubhouse"
"Clubhouse Facilities for Recreation"
"Lake Club"
"Thriving Commercial"
"Town Entry Spring House"
"Vibrant Town Center"

Printed Brochure Aug. 2004 or prior
(11 1/2" x 16", Copyright 2002)


[None of these amenities exist in Harmony.]

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