FAQs

You have been identified as possibly being an individual or entity who currently owns or previously owned a home in Bellalago and paid Club Dues under the Club Plan on or after August 13, 2016, the notice is to advise you of these events and their potential effect on your legal rights. There will ultimately be a disposition of the claims and defenses raised by Plaintiffs and Avatar Properties Inc. and Taylor Morrison Home Corporation (the “Defendants”) in this lawsuit. The purpose of the notice is to inform you of this class action lawsuit and how it may potentially affect your legal rights.

The Court in charge of the case is the Florida Ninth Judicial Circuit Court in Osceola County, Florida, and the case is known as Slade R. Chelbian v. Avatar Properties Inc. et al., Case No. 2020-CA-002033.

The lawsuit alleges that the Defendants violated Florida Statutes by requiring Bellalago Homeowners to pay certain fees for membership in the Bellalago Club (the “Club Dues”). Defendants deny these claims and allegations.

The Court has not ruled on the merits of Plaintiffs’ claims or on Defendants’ denials and defenses.

In a class action, Class Representative (in this case, Slade R. Chelbian) sue on behalf of people who have similar claims. All these people are Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. The Honorable Christy C. Collins, Circuit Court Judge, is in charge of this class action.

The Court has ruled that this lawsuit may be maintained as a class action, meaning that the claims for declaratory and injunctive relief, and damages can be pursued not only by the Plaintiff individually, but also on behalf of a class consisting of certain other persons who paid Club Dues. The Court has named the Plaintiff as representatives of the whole class, and attorneys, Clark and Martino, P.A., Bush Ross P.A., Campbell, Trohn, Tamayo & Aranda, as counsel for the class (collectively referred to as “Class Counsel”). The class consists of all persons who currently own or previously owned a home in Bellalago and who have paid Club Dues under the Club Plan on or after August 13, 2016.

This ruling by the Court does not mean that any money or declaratory and injunctive relief will be obtained for class members who paid Club Dues. 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 in a like manner to every class member, that is, those who currently own or previously owned a home in Solivita and paid Club Dues under the Club Plan on or after August 13, 2016, as described above, who do not timely elect to be excluded from the class.

Everyone who fits this description is a Class Member:

All persons who currently or previously owned a home in Bellalago and who have paid Club Dues under the Club Plan on or after August 13, 2016, or do not otherwise opt out of this class.

Avatar is the developer of Bellalago and is the owner and operator of the Bellalago amenities using the name “Bellalago Club.” Avatar also uses the names “AV Homes” and, since 2018, “Taylor Morrison.” Avatar is a wholly-owned subsidiary of AV Homes, Inc., which is itself since 2018 a wholly-owned subsidiary of Taylor Morrison Home Corporation.

If you are still not sure whether you are included, you can ask for free help. You can call 1-877-868-6827 or email info@BellalagoClassAction.com and ask the Class Action Administrator to help you.

If you want to remain a member of the class, you should NOT submit a “Request to Opt Out” and you are NOT required to do anything at this time. By remaining a class member, any claim you may have against Defendants for declaratory relief, injunctive relief, or damages under Florida law arising from the Club Dues will be determined in this lawsuit and cannot be presented in any other lawsuit. If you do nothing before the opt out deadline of March 22, 2025, you will have elected to remain a member of the class in accordance with this option.

You can exclude yourself from the class by sending a written “Request to Opt Out” to Avatar Bellalago Class Action, EXCLUSIONS, c/o A.B. Data, Ltd., P.O. Box 173001, Milwaukee, WI 53217 by mail, postmarked no later than March 22, 2025. Your written request must include:

• Your name, address of your property (if different than your mailing address), telephone number, and the statement that you want to opt out of the lawsuit;
• The case name and number: Slade R. Chelbian v. Avatar Properties Inc. et al., Case No. 2020-CA-002033;
• A statement that you currently own or previously owned a home in Bellalago and paid Club Dues on or after August 13, 2016; and
• Your signature.

You cannot exclude yourself by phone or email. If you ask to be excluded, you will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Avatar Properties Inc. and Taylor Morrison Home Corporation (the “Defendants”) in the future, and otherwise reserve all rights that you may have, if any.

No. Unless you exclude yourself, you give up the right to sue the Defendants for the claims in this lawsuit. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is March 22, 2025. Any exclusion request postmarked after that date will not be valid, and the sender will be a Class Member and bound by any judgment entered by the Court, whether favorable or unfavorable.

If you do not exclude yourself from the settlement, the Court has appointed J. Daniel Clark of Clark & Martino, P.A., J. Carter Anderson of Bush Ross, P.A., and John Marc Tamayo of Campbell Trohn Tamayo & Aranda to represent you and other Class Members. You will not be charged for these attorneys. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel may seek an award of attorneys’ fees and costs from any future recovery that may occur in this class action against the Defendants. They may also ask for reasonable additional incentive awards for the named Plaintiff from any future recovery that may occur in this class action against Defendants.

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, but should be directed in writing to:

AVATAR BELLALAGO CLASS ACTION
C/O A.B. DATA, LTD.
P.O. BOX 170999
MILWAUKEE, WI 53217

Email: info@BellalagoClassAction.com
Toll-Free Telephone: 877-868-6827

If you decide to remain a member of the class and wish to communicate with Class Counsel as your attorneys in this lawsuit, you may do so by contacting lead Class Counsel:

J. Daniel Clark, Esquire
Clark & Martino, P.A.
3407 W. Kennedy Blvd.
Tampa, Florida 33609
(813) 879-0700

You may, of course, seek the advice and guidance of your own attorney, 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: Clerk of Circuit Court, Osceola County Courthouse, 2 Courthouse Sq., Kissimmee, FL 34741. Please do not contact the Court or the Circuit Clerk’s Office regarding the matters contained in this notice.